A JOINT RESOLUTION directing the Cabinet for Health and Family Services to withdraw all waiver applications that have been submitted to the Centers for Medicare and Medicaid Services to establish a community engagement program, and declaring an emergency.

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A JOINT RESOLUTION directing the Cabinet for Health and Family Services to 1
withdraw all waiver applications that have been submitted to the Center s for Medicare 2
and Medicaid Services to establish a community engagement program, and declaring an 3
emergency. 4
WHEREAS, 2025 Ky. Acts ch. 110 sec. 4 required the Cabinet for Health and 5
Family Services to implement a mandatory community engagement program; and 6
WHEREAS, in order to implement a mandatory community engagement program 7
the Cabinet for Health and Family Services determined that it was necessary to prepare 8
and submit an 1115(a) demonstration waiver application to the federal Centers for 9
Medicare and Medicaid Services; and 10
WHEREAS, on June 25, 2025, the Cabinet for Health and Family Services 11
submitted an 1115(a) demonstration waiver application to the federal Centers for 12
Medicare and Medicaid Services to establish a mandatory community engagement 13
program; and 14
WHEREAS, on July 4, 2025, Congress passed and the President signed into law 15
House Resolution 1 (H.R. 1), which included various changes to the Medicaid program; 16
and 17
WHEREAS, one of the changes to the Medicaid program contained in H.R. 1 was 18
the re quirement that states implement a community engagement program for certain 19
Medicaid beneficiaries by January 1, 2027; and 20
WHEREAS, the mandatory community engagement program that the Cabinet for 21
Health and Family Services sought to implement through the wa iver application 22
submitted on June 25, 2025, does not comply with the requirements for a community 23
engagement program as established in H.R. 1; and 24
WHEREAS, any continuing or ongoing effort to seek approval of the waiver 25
application may delay implementatio n of a community engagement program that fully 26
complies with the requirements established in H.R. 1; and 27
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WHEREAS, the timely implementation of a community engagement program that 1
fully complies with the community engagement requirements established in H.R. 1 2
should take precedence over any attempt by the Cabinet for Health and Family Services 3
to seek approval of the waiver application submitted June 25, 2025; 4
NOW, THEREFORE, 5
Be it resolved by the General Assembly of the Commonwealth of Kentucky: 6
Section 1. Notwithstanding KRS 205.5371, 2025 Ky. Acts ch. 110, or any other 7
provision of law to contrary, the Cabinet for Health and Family Services shall, within five 8
days after the effective date of this Resolution, withdraw the 1115(a) demonstration 9
waiver ap plication submitted by the cabinet to the federal Centers for Medicare and 10
Medicaid Services on June 25, 2025, pursuant to 2025 Ky. Acts ch. 110, sec. 4, and any 11
other waiver applications that may have been previously submitted to the federal Centers 12
for Medicare and Medicaid Services to establish a community engagement program. 13
Section 2. Whereas the 1115(a) demonstration waiver submitted by the Cabinet 14
for Health and Family Services on June 25, 2025, to implement a mand atory community 15
engagement program fails to comply with newly established federal requirements for 16
states to condition Medicaid eligibility on demonstrated community engagement, and 17
continued pursuit of the 1115(a) demonstration waiver may put the Commonwe alth’s 18
timely compliance with federal law at risk, an emergency is declared to exist, and this 19
Resolution takes effect upon its passage and approval by the Governor or upon its 20
otherwise becoming a law. 21