Nebraska Lawsuit Over Extended Medicaid Eligibility For Foster Children Says State’s Age 21 Cut Off Violates Federal Law

On June 6, 2016, Nebraska Appleseed Center sued the state Department of Health and Human Services (DHHS) for violating federal Medicaid policy by denying Medicaid eligibility to a young adult, age 21, who had been in foster care. The complaint says that under a provision of the Patient Protection and Affordable Care Act (PPACA) former foster youth are eligible for Medicaid up to age 26. The complaint, Webb v. Philips, is a continuation of an appeal that started in September 2015.

In 2013, Nebraska enacted Legislative Bill 216, the Young Adult Voluntary Services Act. It allows former foster children between . . .