@NCCapitol

Medicaid: Berger v. Burwell

Gov. Roy Cooper has tried to expand the reach of North Carolina's Medicaid program. But state legislative leaders say the governor is violating state law by making that move without permission from the General Assembly.

Posted 2017-01-17T22:23:24+00:00 - Updated 2017-07-28T16:28:56+00:00

A coalition of groups continued to pressure North Carolina lawmakers on June 4, 2014, to rethink their decision not to expand Medicaid as allowed under the Affordable Care Act.

Case name: Berger v. Burwell

What it's about: Medicaid expansion

Track the status of high-profile lawsuits over elections, governor's powers and more

State or federal court: Federal district court, Eastern Division of N.C.

Summary: Gov. Roy Cooper campaigned on a promise expand Medicaid as allowed by the Affordable Care Act, what some people call "Obamacare." The expansion would mainly have extended health insurance coverage under the joint federal-state program to childless adults of working age. State lawmakers say that at least two separate state laws block Cooper from making such a move. They sued, asking that the federal court block the U.S. Department of Health and Human Services and the state Department of Health and Human Services from proceeding with expansion.

In the real world: Cooper seemed to fall behind in this case before U.S. District Judge Louise Flanagan had a chance to rule. He was counting on cooperation from President Barack Obama's administration, but the new administration of President Donald Trump is unlikely to approve expansion and has pledged to dismantle much of the ACA.

Where it stands: Legislative leaders dropped their lawsuit in July 2017, saying Cooper had taken no action to try to expand Medicaid. They left the option open to refile the suit if he again sought an expansion.