- New Hampshire delayed implementation of new Medicaid work requirement, and it has now been overturned by a federal judge.
- From 2016 through 2018, New Hampshire covered Medicaid expansion enrollees with private plans in the exchange (PAP).
- State switched PAP enrollees to Medicaid managed care as of January 2019 (there were about 40,000 PAP enrollees in 2018)
- In 2018, lawmakers extended Medicaid expansion through 2023
Medicaid expansion in New Hampshire
Although low-income residents in New Hampshire did not have access to expanded Medicaid in the first half of 2014, the state did expand coverage mid-year, and applications for the newly expanded Medicaid program were available as of July 1, 2014, for coverage effective August 15. In the first three months, 18,000 people – out of a projected 50,000 who were eligible – enrolled.
of Federal Poverty Level
New Hampshire is one of the states that expanded Medicaid in their own way, obtaining a waiver from CMS that allowed the New Hampshire Health Protection Program to be slightly different from straight Medicaid expansion as called for in the ACA. The waiver that was approved by the Obama administration allowed for a privatized solution to Medicaid expansion, and most members were transitioning to subsidized private coverage (QHPs in the exchange) as of 2016, under a system called the Premium Assistance Program, or PAP (in 2014 and 2015, prior to the transition to PAP, Medicaid expansion in New Hampshire had functioned in much the same way it did in other states).
PAP utilized Medicaid funds to pay QHP premiums for Medicaid-eligible enrollees (other than the medically-frail and Medicaid-eligible enrollees who were enrolled in an employer-sponsored plan and received help from New Hampshire Medicaid in paying the premiums). PAP also covered the QHP cost-sharing that exceeded Medicaid levels. So PAP enrollees didn’t pay any more than they would have if New Hampshire had continued to use traditional Medicaid coverage, but they were enrolled in the same QHPs as other residents with higher incomes who either received premium subsidies or paid full price for their coverage.
However, New Hampshire enacted legislation in 2018 that called for the state to submit a new waiver proposal to CMS (submitted in July 2018, along with a proposal to extend the state’s Medicaid expansion waiver for five more years), requesting permission to abandon the PAP system and switch to a Medicaid managed care system instead, as well as eliminate the 90-day retroactive eligibility for Medicaid.
The proposal was approved by CMS in late November 2018, but the state had already communicated to enrollees, in September 2018, that their coverage would switch to Medicaid managed care as of January 2019. And the rate filings that QHP insurers submitted in the summer of 2018 included the assumption that PAP would no longer be operational after the end of 2018. So the state’s PAP experiment only lasted three years (2016-2018), with New Hampshire transitioning to a regular Medicaid managed care model as of 2019.
New Hampshire’s 2018 legislation also called for the state to seek federal approval for a Medicaid work requirement, but that was part of a waiver renewal proposal that New Hampshire had already submitted to CMS, and which was approved in May 2018. Under the terms of the approved waiver renewal (details below), New Hampshire Granite Advantage Program (formerly the Health Protection Program) enrollees aged 19 to 64 have to participate in “community engagement” (work, school, job training, community service, etc.) at least 100 hours per month in order to maintain eligibility for Medicaid.
The Granite Advantage program‘s work requirement took effect in 2019, and residents were to begin reporting their community engagement hours by June, with coverage terminations for non-compliance slated to begin August 1. But the work requirement was soon challenged in court, and the state opted to delay implementation until September (with coverage losses beginning December 1) when it became clear that compliance was low in June, with many enrollees potentially unaware of the new rules.
New Hampshire also enacted legislation to modify the work requirement and end it altogether if the state determines that more than 500 people will lose their coverage as a result of non-compliance with the work requirement (for perspective, more than 18,000 people lost coverage in Arkansas under the terms of a work requirement that took effect in mid-2018, but more than 250,000 people had gained Medicaid coverage in Arkansas as a result of Medicaid expansion, whereas fewer than 50,000 did so in New Hampshire).
But in late July, US District Court Judge James A. Boasberg overturned the state’s new Medicaid work requirement. New Hampshire plans to appeal the judge’s ruling. (Boasberg had issued a similar ruling to halt work requirements in Arkansas and Kentucky; the Trump administration and those states are appealing the decision).
Medicaid expansion was initially approved for 2 years, then for 2 more years. Latest extension is for 5 additional years
Although lawmakers agreed to expand Medicaid under the ACA, they included a sunset provision that would terminate Medicaid expansion in the state as of the end of 2016 unless the legislature specifically approved funding beyond that point.
Then-Governor Maggie Hassan included proposed funding for continued Medicaid expansion in her fiscal year 2016-2017 budget, but in March 2015, New Hampshire lawmakers voted to remove extended Medicaid expansion funding from the budget.
Going into the 2016 legislative session, there was no provision to fund Medicaid expansion past the end of 2016. In March 2016, lawmakers in the New Hampshire House of Representatives passed HB1696, which extended Medicaid expansion through the end of 2018, but with more restrictions on the program (the original version of the bill called for an extension through 2020, but the version that was passed only provided a two-year funding extension).
The bill passed easily, but there was a 181-181 tie vote over an amendment to remove the language in the bill that would have ended Medicaid expansion in New Hampshire if CMS had not approved the new restrictions the state was proposing for PAP. House Speaker Shawn Jasper, a Republican who was originally opposed to Medicaid expansion but began to support it in 2015, cast the tie-breaking vote in favor of removing the all-or-nothing language in the bill. That meant Medicaid expansion would continue to be funded (at least through 2018), regardless of whether the state’s new waiver was approved or rejected by CMS.
In 2018, New Hampshire enacted SB313, which extends Medicaid expansion for another five years, through 2023. That legislation was also the impetus for the transition to Medicaid managed care and reiterated the need to implement a Medicaid work requirement, although that was already pending CMS approval when SB313 was being considered by lawmakers, and CMS approval for the work requirement came before SB313 was sent to the governor.
CMS under Obama administration rejected work requirement in 2016, but Medicaid expansion continued
After HB1696 was enacted in 2016, the state then had to request a waiver modification from CMS in order to implement the new requirements called for in the legislation, which were generally stricter than the Obama Administration had allowed in any other states. They included:
- A work requirement. HB1696 called for able-bodied, childless adults to participate in at least 30 hours per week of work, job training, education towards obtaining a job, or other related activities. But work requirements were a non-starter for CMS under the Obama Administration. An amendment was eventually added to HB1696 — after much debate — that allowed expansion to continue even if CMS wouldn’t approve the work requirement.
- A premium requirement of $25/month (up to two percent of household income) for able-bodied adults with income between 101 percent and 138 percent of the poverty level, and $10/month for those with income up to 100 percent of the poverty level. There would be a 60 day grace period for non-payment of premiums, after which coverage would be terminated and the person wouldn’t be eligible to re-enroll for six months.
- Copays for non-emergency use of an emergency room.
New Hampshire’s Medicaid expansion already utilized a CMS waiver, as the state was at that point using Medicaid funds to purchase private coverage in the exchange for Medicaid-eligible residents. The changes called for in HB1696 required an additional waiver, which was submitted to CMS in August 2016.
On November 1, 2016, CMS replied to New Hampshire’s waiver amendment proposal, rejecting most of it, including the work requirement. CMS agreed to allow copays for non-emergency use of emergency rooms, but “only if the request satisfies the requirements of sections 1916(f) and 1115 of the Social Security Act, including the requirement that the waiver promote the objectives of the Medicaid program.”
Medicaid work requirement was delayed until September 2019, but a judge overturned it altogether; New Hampshire plans to appeal the ruling
Because of Speaker Jasper’s vote to continue the program regardless of whether the waiver modifications were supported by CMS, Medicaid expansion continued in New Hampshire in 2017 and 2018, despite the Obama Administration’s refusal to allow the state to impose a work requirement.
But with the Trump Administration assuming office in early 2017, GOP lawmakers in New Hampshire passed a budget measure requiring the state to seek a work requirement for Medicaid by April 2018, or else Medicaid expansion would expire at the end of 2018. The state submitted a work requirement waiver amendment to CMS in October 2017, which was approved by CMS in May 2018.
Later in 2018, CMS revised the work requirement approval, making them tougher on enrollees. Under the new rules, extra hours cannot be carried forward to meet a future month’s work requirement. However, an enrollee whose prior month hours were deficient can make those hours up during the current month. CMS clarifies, however, that an enrollee cannot be perpetually behind and making up hours during each month of a year.
The work requirement applies to Medicaid expansion enrollees aged 19-64, unless they’re otherwise exempt. The work requirement was implemented in March 2019, and enrollees were to begin reporting their community engagement hours to the state by June 1, 2019. In February, the state began sending letters to enrollees to notify them of the mandatory work requirements, and there is a page on the NH DHHS website that includes information on how the reporting works. But the state found that compliance with the reporting requirement was exceedingly low in June, and expressed concerns about how challenging it was to adequately communicate the new requirements to Medicaid enrollees. To address the issue, New Hampshire opted to delay the work requirement, with reporting slated to begin September 1 and coverage terminations delayed until December 1.
But then in July 2019, Federal Judge James A. Boasberg (the same judge who struck down the Medicaid work requirements in Kentucky and Arkansas) overturned New Hampshire’s Medicaid work requirement. The state is appealing the ruling, but the Medicaid work requirement is in limbo for the time being, and cannot be implemented unless the state wins its appeal.
If the work requirement is eventually implemented, non-exempt enrollees will have to work (or participate in school, job training, community service, substance abuse treatment, job skills development, etc.) for at least 100 hours per month in order to remain eligible for Medicaid. Exempt populations include pregnant women (including up to 60 days post-partum), disabled or medically frail individuals, parents/caretakers of a child under age 6 (only one parent per household can claim this exemption), parents/caretakers caring for a disabled dependent, or people who experience a hospitalization or serious illness.
For perspective, the other states that have sought approval for Medicaid work requirements are generally setting the minimum requirement at 80 hours per month or 20 hours per week. They also generally have longer time frames before a person loses coverage.
As of 2019, eight states have received federal approval for Medicaid work requirements and several others have pending proposals. But Judge Boasberg’s rulings have added legal uncertainty to the Medicaid work requirement concept in all states.
Extending Medicaid expansion through 2023, with a switch from PAP to managed care
In 2018, Republican Senators in New Hampshire introduced S.B.313, which called for a work requirement (although CMS has already approved a work requirement as part of the waiver approval that was granted in May 2018), along with a new Medicaid expansion program that will use Medicaid managed care — as most of the country does — instead of the Premium Assistance Program (as of 2018, only New Hampshire and Arkansas purchased private plans in the exchange for Medicaid expansion enrollees). The new program, dubbed the New Hampshire Granite Advantage Health Care Program, replaced the New Hampshire Health Protection Program as of January 2019.
The Senate passed S.B.313 in March 2018, with an 18-7 vote. In the House, an amendment was approved, and the House voted 222-125 that the bill ought to pass. The bill ultimately did pass, and was signed into law in July 2018. Within two weeks, the state submitted a proposal to CMS, seeking approval to implement the changes called for in S.B.313. Those include:
- Switching from PAP to Medicaid managed care (as of September 2018, the state had already communicated the switch to managed care on their website, although the waiver proposal didn’t receive CMS approval until late November; the change was implemented in January 2019)
- Implementing a work requirement (the waiver proposal for this has already been approved)
- Changing the way the state’s share of Medicaid expansion funding is generated
- Eliminating retroactive coverage for Medicaid
Work requirement — and a subsidy for employers who hire Medicaid enrollees
The work requirement in S.B.313 aligns with the work requirement that CMS had already approved. The legislation called for non-exempt enrollees to work at least 600 hours every six months, which was similar to the 100 hours per week requirement in the waiver that CMS had already approved. By measuring total work over a six month period, enrollees would have been protected from losing Medicaid due to temporary drops in employment, as long as they can make up the lost hours within the six-month window. The legislation calling for 600 hours of work every six months is more flexible than the initial Senate bill (and the state’s approved waiver proposal) which requires 100 hours per month. However, the terms of the already-approved work requirement were not adjusted to reflect the 600 hours every six months requirement.
In addition, S.B.313 also calls for the state to use up to $3 million in TANF (Temporary Assistance for Needy Families) funding, through June 30, 2019, to provide subsidies to employers who hire people who are eligible for Medicaid expansion in New Hampshire. The employer would get $2,000 at the time of the hire, and another $2,000 after the enrollee has been working for three months.
The legislation also has an asset test (with a $25,000 maximum asset limit, after accounting for excludable assets, such as a primary residence, household furnishings, and one vehicle), which would only be implemented if future changes in federal law allow it. As a result of the ACA, Medicaid currently only allows asset tests for long-term care coverage (e.g., seniors who use Medicaid to pay for nursing home care) and for people obtaining coverage based on eligibility guidelines that go beyond income, but that could change if federal rules change.
Transition to managed care
Another provision of S.B.313 was to transition Medicaid expansion in New Hampshire away from the Premium Assistance Program (PAP) and utilize Medicaid managed care instead, as most states do.
The state has contracted with two Medicaid managed care health plans: New Hampshire Healthy Families and Well Sense Health Plan. PAP enrollees were able to select whichever plan they prefer and were transitioned to the new plans as of January 2019.
State funding changes for Medicaid expansion cost
The federal government paid 100 percent of the cost of Medicaid expansion from 2014 through 2016. In 2017, states had to begin paying 5 percent of the cost, and that is gradually increasing until it will reach 10 percent in 2020, and remain at that level going forward. HB1696 required health insurance companies and hospitals in the state to pay fees toward the state’s portion of the cost of Medicaid expansion. But the federal government will always pay at least 90 percent of the cost of covering the Medicaid expansion population. If New Hampshire hadn’t reauthorized Medicaid expansion past the end of 2016, the state would have missed out on hundreds of millions of dollars in federal funding.
Although New Hampshire was covering 6 percent of the cost of Medicaid expansion in 2018, the federal government had notified the state that there were compliance concerns with the fact that a portion of the state’s funding was coming from donations from providers, and indicated that the state would have to make legislative changes to the funding model for the state’s portion of the cost of Medicaid expansion by the 2019 fiscal year.
So the third provision of S.B.313 (in addition to the switch to managed care and the work requirement) was to increase the percentage of revenue from liquor sales that gets deposited into the state’s Alcohol Abuse Prevention and Treatment Fund (AAPTF) from 3.4 percent to 5 percent, and then transfer that funding from AAPTF to the new Medicaid expansion program (the New Hampshire Granite Advantage Health Care Program).
The legislation noted that the transfer of funds from AAPTF to Medicaid expansion would be to ensure the “delivery of substance use disorder prevention, treatment, and recovery and other behavioral health services for persons enrolled in the New Hampshire granite advantage health care program,” but the transfer is also dependent on the state being able to secure federal funding to cover the expenses that would otherwise have been funded via AAPTF. So federal approval would be needed for this portion of S.B.313 as well, since the federal government would have to agree to provide funding for the current alcohol abuse prevention and treatment activities currently funded by AAPTF.
Gubernatorial leadership on Medicaid
Former Governor Maggie Hassan was instrumental in expanding Medicaid in New Hampshire, and worked to ensure continued funding. But Hassan did not seek re-election to the governor’s office — she ran instead for the U.S. Senate in 2016, challenging incumbent Kelly Ayotte, who opposed the ACA and Medicaid expansion. The Hassan-Ayotte race was tight, but Hassan won, assuming office in the Senate in January 2017.
Republican Chris Sununu won the gubernatorial election in New Hampshire in 2016. Sununu had previously been uncommitted in terms of his views on Medicaid expansion, but after his win, Sununu said that he did not plan to eliminate Medicaid expansion in New Hampshire, but wanted to ensure that the program is a temporary solution while people work to obtain their own health insurance (either in the individual market or from an employer), rather than a permanent solution. And in early 2017, Sununu said that New Hampshire had seen “great results” from expanding Medicaid. Governor Sununu has since remained committed to keeping Medicaid expansion intact, but has supported GOP lawmakers’ efforts to impose the work requirement that takes effect in 2019.
Who is eligible for Medicaid in New Hampshire?
Each state sets eligibility criteria for the covered populations, which must meet minimum standards set by the federal government.
Income limits for Medicaid eligibility in New Hampshire are:
- 318 percent of FPL for children ages 0-18
- 196 percent of FPL for pregnant women
- 138 percent of FPL for adults (Medicaid expansion group)
How does Medicaid provide financial assistance to Medicare beneficiaries in New Hampshire?
Many Medicare beneficiaries receive Medicaid financial assistance that can help them with Medicare premiums, lower prescription drug costs, and pay for expenses not covered by Medicare – such as long-term care.
Our guide to financial assistance for Medicare enrollees in New Hampshire includes overviews of these programs, including Medicare Savings Programs, Medicaid long-term care benefits, and eligibility guidelines for assistance.
How do I enroll in Medicaid in New Hampshire?
- You can apply through HealthCare.gov or apply directly through the New Hampshire Department of Health and Human Services (use this option if you are 65 or older or have Medicare)
- You can download a paper application. (The state website also has versions available in Spanish and Nepali.) Complete it, and either fax it to (603) 271-8604 or mail it to the district office that serves your area.
- You can also call 1-800-852-3345, extension 9700 and apply for Medicaid by phone.
New Hampshire Medicaid enrollment numbers
As of June 2020, New Hampshire’s Medicaid and CHIP enrollment was 193,436, which is a 52 percent increase over pre-ACA levels (127,082).
From October 1, 2013 until mid-April 2014, 7,235 exchange applicants in New Hampshire enrolled in the state’s pre-expansion Medicaid program. And from the fall of 2013 to June 2014, total Medicaid enrollment in New Hampshire increased by more than 10,000 people. These individuals were already eligible for Medicaid based on the previous guidelines, but didn’t enroll until 2014.
Based on the expanded eligibility criteria, New Hampshire officials estimated that about 50,000 people would be newly eligible for Medicaid coverage. From the fall of 2013 to December 2018, total enrollment in Medicaid/CHIP in New Hampshire increased by 53,242 people —a 42 percent increase. Not all of the new enrollees were newly eligible, but there’s no doubt that Medicaid expansion significantly increased the Medicaid-covered population in the state.
And that, in turn, had a significant impact on the uninsured rate. In 2013, 10.7 percent of the population was uninsured, according to U.S. Census data. That had fallen to 5.8 percent by 2017 — more than a 45 percent decrease.
However, all states have seen uninsured rates jump in 2020 due to the coronavirus outbreak and associated losses of employer-provided health insurance. Families USA evaluated U.S. Bureau of Labor Statistics and Urban Institute data and reported an 11 percent uninsured rate in New Hampshire as of May 2020.
How New Hampshire’s Medicaid expansion differed from other states’ approaches from 2016-2018
Until 2016, the program worked much the same as Medicaid expansion in the states that have followed the expansion guidelines in the ACA. The state used federal Medicaid funds to provide New Hampshire Health Protection Program coverage for legally-present residents with incomes below 138 percent of poverty.
During this time however, the state’s Bridge Program gave eligible beneficiaries the option of enrolling in a private plan through the exchange and having the cost subsidized with Medicaid funding.
But starting in 2016, New Hampshire moved most Medicaid expansion enrollees to private coverage obtained through the exchange, utilizing Medicaid funding to subsidize the cost of the plans. This approach, called the Premium Assistance Program, or PAP, was a bipartisan compromise between those who wanted to simply expand the existing Medicaid program and those who preferred an approach that would provide private coverage for the state’s low-income residents.
Residents who were eligible for the New Hampshire Health Protection Program and also had access to employer-sponsored health insurance were required to enroll in the employer-sponsored plan if it was deemed cost-effective. But under the state’s Health Insurance Premium Payment (HIPP) program, the member can receive assistance in paying premiums and cost-sharing for the employer-sponsored plan, using Medicaid funds. The state makes the determination of whether it’s more cost effective to cover the member under Medicaid, or to opt for the employer-sponsored plan with financial assistance through the HIPP program. But as of 2017, this program only had 81 enrollees.
Enrollees in the HIPP program were not transitioned to PAP. Neither were medically-frail Medicaid enrollees, including people in nursing homes.
But under the terms of S.B.313 and the federal waiver approval granted by CMS in November 2018, New Hampshire has abandoned the PAP system and transitioned to a regular Medicaid managed care system as of 2019.
Louise Norris is an individual health insurance broker who has been writing about health insurance and health reform since 2006. She has written dozens of opinions and educational pieces about the Affordable Care Act for healthinsurance.org. Her state health exchange updates are regularly cited by media who cover health reform and by other health insurance experts.