LINCOLN, Neb. —

With three words, the Department of Health and Human Services removed thousands of Nebraskans from the Medicaid rolls in 2023.

"Income exceeds standards," Kelsey Arends, an attorney with the nonprofit Nebraska Appleseed, said—repeating the laconic phrase.

Arends said those words aren't enough, and so Nebraska Appleseed backed a lawsuit against DHHS.

"We know that Nebraskans with Medicaid are owed more than this insufficient notice and this confusing notice," Arends said. "And we're committed to fighting for improved notices that actually meet constitutional standards."

A district court dismissed the case on jurisdictional grounds, saying that sovereign immunity bars the case. And this week, the 8th Circuit Court of Appeals upheld that dismissal.

Nebraska Appleseed fil

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