Georgia is suing the Biden administration to keep the state's partially expanded Medicaid expansion program running until Sept. 30, 2028, the Georgia Recorder reported Feb. 2.
The state is alleging CMS stole time from the program and that it should be allowed to operate longer than its intended date of Sept. 30, 2025, according to the report. In July 2023, Georgia launched the Pathways to Coverage program, which is the only Medicaid waiver program in the U.S. with work requirements. It has been slow to gain participants.
The state previously asked CMS to amend the existing agreement to give the program more time due to earlier delays the program faced, according to the report. The state has not requested a formal extension, which would include a public comment period.
Georgia is arguing that without a full five years, officials will not be able to determine the program's effectiveness.
CMS told the state in December to submit an extension request.
"The state has plenty of time before the expiration of the currently approved demonstration authorities to meet the regulatory requirements to request an extension, if it intends to do so," Daniel Tsai, deputy administrator and director of the Center for Medicaid and CHIP Services, told Georgia officials, according to the report.
CMS told the news outlet it was aware of the lawsuit but does not comment on pending litigation.