U.S. Department
of Justice
Alabama Medicaid
On December 5, 2022, the United States executed a settlement agreement with the state of Alabama's Medicaid Agency (Alabama Medicaid), under Title II of the ADA regarding access to health services. The agreement will ensure that Alabama Medicaid recipients with Hepatitis C (HCV) who also use alcohol or illicit drugs, including those with a substance abuse disorder (SUD), will be provided equal access to medications to treat their hepatitis. Alabama Medicaid previously maintained a sobriety restriction policy that prevented any person with HCV who had used any alcohol or illicit drugs within the six months prior to treatment initiation from receiving potentially life-saving medication to cure their HCV. Alabama Medicaid has withdrawn the policy and the agreement requires notification to Medicaid recipients and Medicaid providers of these changes and prompt remediation of any instances where the prior policy is applied.
On January 24, 2024, the Departments of Justice and Health and Human Services issued a Dear Colleague Letter to state Medicaid administrators urging them to ensure that their Medicaid programs allow access to life-saving medications for people with Hepatitis C (HCV), regardless of whether or not they also have substance use disorder (SUD), in accordance with the Americans with Disabilities Act.