March 11, 2026

Florida Withdraws ‘Continuous Coverage’ Lawsuit — Will State Finally Implement KidCare Expansion for Florida Children?

For more information on KidCare expansion and the continuous coverage requirement, see the Florida Health Justice Project’s timeline of events.

In June 2023, Florida enacted legislation (HB 121) expanding KidCare to children with household income between 200 and 300 percent of the federal poverty level. A legislative bill analysis at the time estimated that the expansion would provide an additional 42,000 uninsured children with lower premium payments.

However, the state has not yet implemented new payment tiers for the program. 

The state’s 1115 waiver failed to align with federal guidance from Centers for Medicare and Medicaid Services (CMS) and the Department of Health and Human Services (HHS) interpreting a federal law passed in 2022 as requiring that states provide 12 months of continuous eligibility for children under age 19 who are enrolled in Medicaid and CHIP, with no exceptions.  

In 2024, Florida filed a lawsuit over the guidance, which was later dismissed. 

However, Florida refiled a lawsuit in January 2025 on the same issue — the continuous coverage requirement — after it formally went into effect as a regulation on Jan. 1, 2025.   

In February 2026, Florida dismissed its remaining lawsuit against CMS and HHS over the continuous coverage requirement.

Now that the lawsuit has been withdrawn, Florida should expand its KidCare program without delay.[1],[2]

Below is the filing from the state of Florida officially withdrawing the lawsuit.

Notes

[1] On Feb. 4, 2025, the Florida House Health Care Facilities and Systems Subcommittee held a meeting to discuss implementation of HB 121 (2023). ACHA Deputy Secretary for Medicaid Brian Meyer, in response to a representative’s question on how legislators could help with implementation, said: “In order to implement the bill as passed, in my opinion… I believe we need to let the litigation play out against the federal government to see what becomes of that interpretation.” See also, “Why Hasn't Florida Implemented Its Own KidCare Expansion Law?” Florida Health Justice Project, February 2026, https://www.youtube.com/watch?v=yIz5ddXU7F4.

[2] In March 2026, Florida Health Justice Project and the National Health Law Program filed a lawsuit to require Florida officials to implement the state’s KidCare expansion. According to a press release, the lawsuit, brought on behalf of three children, asks that the court order agencies to follow state law and evaluate the children’s eligibility under the 300 percent standard. See "Florida Health Justice Project and National Health Law Program Sue to Enforce Children’s Health Coverage Expansion," press release, March 9, 2026, https://healthlaw.org/news/florida-health-justice-project-and-national-health-law-program-sue-to-enforce-childrens-health-coverage-expansion/.

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