1  42 U.S.C. § 1396-1.

2  42 U.S.C. § 1396a.

3  Ibid. For examples of state plan amendments, see: "Medicaid State Plan Amendments," (Centers for Medicare & Medicaid Services),  http://goo.gl/C3oagI (accessed Aug. 23, 2013).

4  Ibid.

5  Ibid.

6  42 U.S.C. § 1396c.

7  42 U.S.C. § 1396a(a)(10)(A)(i)(VIII). Note that the law requires states to cover all individuals under 133 percent of the federal poverty level, but the ACA also requires states to disregard 5 percent of an individual’s income, making the effective threshold 138 percent of the federal poverty level. For more information, see: "Quick Take: Who Benefits from the ACA Medicaid Expansion?," (The Henry J. Kaiser Family Foundation, 2012), http://goo.gl/xI0nxW (accessed Aug. 23, 2013).

8  Genevieve M. Kenney et al., "Opting in to the Medicaid Expansion under the ACA: Who Are the Uninsured Adults Who Could Gain Health Insurance Coverage?,"(Urban Institute, 2012), 47, http://goo.gl/stZ4eR (accessed Aug. 23, 2013).

9  "Affordable Care Act: State Resources FAQ," (Centers for Medicare & Medicaid Services), 9, http://goo.gl/NL2J9r (accessed Aug. 23, 2013); Department of Health and Human Services Acting Administrator Marilyn Tavenner, letter correspondence with Connecticut Department of Social Services Commissioner Roderick Bremby, March 1, 2013.

10  Robert Alt and Dan Greenberg, "Can Arkansas Escape From Medicaid Expansion if the Federal Government Breaks its Commitments?,"(Advance Arkansas Institute, 2013), http://goo.gl/ 23qnpc (accessed Aug. 21, 2013).

11  42 U.S.C. § 1396c(2).

12  "State Expenditure Report: Examining Fiscal 2010-2012 State Spending," (National Association of State Budget Officers, 2012), 47, http://goo.gl/ZsKlR7 (accessed Aug. 23, 2013).

13  National Federation of Independent Business v. Sebelius, 132 S.Ct. 2566, 2607 (2012); "A Guide to the Supreme Court’s Affordable Care Act Decision," (The Henry J. Kaiser Family Foundation, 2012), 7, http://goo.gl/dBCjhz (accessed Aug. 23, 2013).

14  "Frequently Asked Questions on Exchanges, Market Reforms, and Medicaid," (U.S. Department of Health and Human Services, 2012), 11-12, http://goo.gl/suF6VB (accessed Aug. 23, 2013). Kathleen Sebelius, (testimony before the House Committee on Appropriations, Subcommittee on Labor, Health and Human Services, Education, and Related Agencies, April 25, 2013), http://goo.gl/ dPFYSl (accessed Aug. 23, 2013).

15  Pennhurst State Sch. & Hosp. v. Halderman, 451 U.S. 1, 17-18 (1981).

16  "An Overview of Recent Section 1115 Medicaid Demonstration Waiver Activity," (The Henry J. Kaiser Family Foundation, 2012), http://goo.gl/FFmQq3 (accessed Aug. 20, 2013).

17  "Section 1115 Demonstrations," (Centers for Medicare & Medicaid Services), http://goo.gl/DS013P (accessed Aug. 23, 2013).

18  42 U.S.C. § 1315(a)(1).

19  42 U.S.C. § 1315(e)(2)

20  Wayne Greene, "Insure Oklahoma to lose federal funding unless it conforms to 'Obamacare'," Tulsa World, May 9, 2013, http://goo.gl/cCjRWv (accessed Aug. 20, 2013).

21  Center for Medicare and Medicaid Services Deputy Aministrator Director Cindy Mann, letter correspondence with Oklahoma Health Care Authority Chief Executive Officer Joel Nico Gomez, May 7, 2013, 2013.

22  "Healthy Indiana Plan Frequently Asked Questions,"), 3-4, http://goo.gl/CVQua9 (accessed Aug. 21, 2013).

23  ibid., 4.

24  John Reichard, "CMS Tries to Let Indiana Down Gently on Bush Era Coverage Expansion," CQ HealthBeat, Aug. 17, 2012, http://goo.gl/Wfl99y (accessed Aug. 20, 2013).

25  HHS approved an extension of the program through 2013, but Indiana applied for a renewal that would have extended the program through 2015. Center for Medicare and Medicaid Services Deputy Administrator Director Cindy Mann, letter correspondence with Indiana Family and Social Services Administration Secretary Michael Gargano, July 31, 2012, 2012; "Healthy Indiana Plan Waiver Renewal Notice of Public Hearing 1," (Indiana Family and Social Services Administration, 2011), http://goo.gl/M4TBwp (accessed Aug. 20, 2013).

26  For example, see: "Healthy Indiana Plan 1115 Waiver Extension Application," (Indiana Family and Social Services Administration, 2013), http://goo.gl/9kSSFh (accessed Aug. 21, 2013).

27  Specifically, this would have increased the total asset limit to $10,000 from $6,144 and counted parental assets for 19- to 25-year-olds who live with their parents or are listed as a tax dependent by one of their parents. Acting Administrator Marilyn Tavenner, letter correspondence with Commissioner Roderick Bremby, March 1, 2013; Josh Archambault, "Connecticut Feels the Burden of Medicaid Expansion & Exchange Regs: CMS Plays Control Card," 2013, http://goo.gl/Tt4xFG (accessed Aug. 21, 2013).

28  Acting Administrator Marilyn Tavenner, letter correspondence with Commissioner Roderick Bremby, March 1, 2013.

29  Ibid.

30  "An Overview of Recent Section 1115 Medicaid Demonstration Waiver Activity," (The Henry J. Kaiser Family Foundation, 2012), http://goo.gl/FFmQq3 (accessed Aug. 20, 2013).

31  "Affordable Care Act: State Resources FAQ," (Centers for Medicare & Medicaid Services), 9, http://goo.gl/NL2J9r (accessed Aug. 23, 2013).

32  42 U.S.C. § 1315(a) (emphasis added).

33  42 U.S.C. § 1315(a).

34  Newton-Nations v. Betlach, 660 F.3d 370, 381 (9th Cir. 2011) (citing Beno v. Shalala, 30 F.3d 1057 (9th Cir. 1994)).

35  Ibid. at 380 (internal citations omitted).

36  Ibid. at 381 (internal citations omitted).

37  Ibid. Arizona’s program expired naturally before all appeals were exhausted, so the case was dropped for mootness without being overturned.