By ATTORNEY GENERAL TREG TAYLOR
Separation of powers is a foundational principle of this country. We are taught in school that the legislature enacts laws; the judiciary interprets laws; and the executive enforces laws. Executive administrative agencies (such as the US Department of Health and Human Services or “DHHS”) simply do not have the authority to create new laws on their own, or to expand the scope of existing laws. The purpose of administrative regulations is to give guidance on how to carry out a statute’s intent – not to be a workaround of the legal, democratic, and political processes.
Section 504 of the Rehabilitation Act is a long-standing and important statute that prohibits recipients of federal funding from discriminating against people with disabilities. For example, public school students with disabilities are able to receive “504 plans” to ensure that they are able to access necessary resources and supports for their education. Section 504 is a critical safeguard for Alaskans with disabilities.
Last year, DHHS finalized a regulation that imposes a one-sided, unfunded, and sweeping set of mandates that jeopardize the continued viability of state programs and services, and that are impossible for any state to fully comply with. The regulation the State challenged claims to be interpreting Section 504, but it goes far beyond – and even acts against – the language and intent of the statute.
In fact, the new regulation is likely to undermine the State’s ability to provide ongoing service and supports. It requires states to redesign their service delivery systems to conform to newly imagined and vaguely defined requirements, regardless of the cost or impact to the state. And penalty for failing to meet those “requirements” is a loss of federal funding. With the new regulation, DHHS acted outside of its authority, ignored significant concerns from public commenters including states, families, and advocates, and disregarded congressional intent and federal court cases.
Alaska joined a lawsuit challenging this regulation due to the negative impact on its Medicaid program, which is relied upon by nearly one-third of Alaskans. The Department of Law began communicating with the public about these concerns and its interest in the lawsuit in September 2024, when it joined, and it will continue to share updates as the case progresses.
As an example of the real world impact to Alaska’s Medicaid program, Alaska has asked – and received – permission from the Centers for Medicare and Medicaid Services (CMS) to waive typical Medicaid rules so that it can provide additional behavioral health and home and community-based services beyond what Medicaid normally allows. Not only does the new regulation impose rules that conflict with CMS requirements for these waivers, but it also imposes substantial costs on states without increasing federal funding for Medicaid. At the same time, it burdens private providers of Medicaid services, who may choose to stop serving Medicaid recipients altogether, rather than take on new costs and administrative burdens.
The regulation imposes sweeping yet extremely vague new requirements on states and other recipients of federal funds and threatens to take away existing federal funding (including Medicaid) if a recipient is not able to meet its impossible demands. It puts states between a rock and a hard place. If the state chooses to provide waiver services, it has to meet CMS’s requirements – but the regulation says that meeting those requirements could result in a loss of federal funding.
The overall impact of this rule would be to decrease services and supports available to Alaskans. By joining this lawsuit, Alaska is acting to protect the integrity of the statute and the State’s existing programs and services.
To be clear: This case is not asking the court to eliminate the Rehabilitation Act or Section 504 protections. All 17 participating states have unequivocally stated this fact, most recently in a joint status report filed with the court on Feb. 19, 2025:
Plaintiffs clarify that they have never moved—and do not plan to move—the Court to declare or enjoin Section 504 of the Rehabilitation Act, 29 U.S.C. § 794, as unconstitutional on its face. Plaintiffs have not sought and do not seek to enjoin the disbursement of funds from the Department on the basis that the statute is unconstitutional.
Recent media reports claiming otherwise are likely based on a misunderstanding of the difference between “as applied” and “facial” challenges to statutes. The complaint in this case does not seek to have the Rehabilitation Act declared facially invalid (in other words, struck down). The plaintiff states are not asking and will not ask for the Act to be struck down in totality or in part. Our only concern is the regulation, which cannot be reconciled with a constitutional interpretation of the Rehabilitation Act.
The bottom line is this: if the plaintiffs prevail in this suit, Alaskans will experience no changes to the Section 504 protections and benefits they have always received, and the state of Alaska will continue its efforts to improve service delivery without the threat of losing federal funding due to the new regulation.”
Treg Taylor is Attorney General for Alaska.
Thoughtful and readable statement.
Thank you for standing against regulatory overreach while protecting actual delivery of service to those in need.
The Alaskan media is no different than the corrupt MSM outside. Our “media” pushes stories that help the corrupt democrats and hurt anyone opposed. This has been happening since the Palin years.
Jurisdiction is a thing. It is intelligent for the state to note what is within it’s limited jurisdiction. Especially Natural Law “unalienable rights” given by God to man. This should be discussed in the republic. Fearlessly. I do not believe we consented to give rights over our primary relationships. And we should not pretend we ever gave those rights to the state to intervene.
AG Taylor excellent article!
Ok Treg you State , & I for one Alaskan at now 70 years old do remember ” We are taught in school … and the executive enforces laws. The purpose of administrative regulations is to give guidance on how to carry out a statute’s intent – not to be a workaround of the legal, democratic, and political processes.” ” but it goes far beyond – and even acts against – the language and intent of the statute.”
These same actions are happening right here at HOME , Our state has failed to follow statutory law in each branch of government! I & Scott didn’t meet with you on Dec. 30th last year for our health!
Our issues included three subjects 1) SCO 1993 effectively in violation of our State Constitution that grants us residents the right as a citizen to meet independently with a Grand Jury under matters of health & Safety , 2) Public Officials Bonds required by ALL state Public Officials including our APFC Trustees that don’t have them & numerous Executive Officers, required by As 39, 3) The ignored complaint filed to the ACJC Dir Marla Greenstien & two seating Judges Amy Mead & Judge Roetman for numerous ethic & misconduct charges & failure to also come into compliance with same AS 39. !
Why have you not advised our Governor to act under Article III section 16 ” The governor shall be responsible for the faithful execution of the laws.” ?
Treg do these failure’s to correct the same as you state above “, ” but it goes far beyond – and even acts against – the language and intent of the statute. ” These issues will not go away! Do we Alaskans need to Contact the New US District Attorney Michael Heyman to get Remedy ?
Yep, Liberty Ed is right!
Mr Taylor (and Gov) are dodging their duties. Skidmore, our Dep AG committed a felony when he stopped a GJ from investigating judicial corruption. He still has his job. Marla Greenstein, another State official who sole job was to investigate judicial concerns, has been found to be falsifying State documents in her investigations to cover up for other State officials. She somehow still has her job. The Report that the GJ wrote investigating Judicial corruption 2 years ago is still being hidden away from the public. What are you guys hiding?!
The whole damn system the State runs is totally corrupt. Perhaps unfixable!
AG Taylor, Governor Dunleavy and we-the-people need your assistance in protecting our constitution, constitutional rights, the public interest and safety. We need your assistance to ensure that all Alaskans are afforded justice based on truth and the faithful execution of the laws.
The Alaska Commission on Judicial Conduct has a meeting tomorrow. Public can participate by ZOOM or calling in on their phone. The meeting starts at 9:30 AM Friday, March 7.
Ms. Greenstein was the reference for a judge to get her job and Ms. Greenstein was the investigator in a written complaint about the same judge. How does the ACJC Investigator do a conflict of interest check? We-the-people needs answers to serious concerns we have about our judicial systems and judges.
The ACJC needs to be reorganized to fix/remedy what is wrong. The ACJC is a commission. Fellow Alaskans, we have to talk about the problem(s) in order to remedy the problem(s).
Canon 3. (b) A judge shall be faithful to the law. A judge shall not deviate from the law to appease public clamor, to avoid criticism, or to advance an improper interest.
Article III Section 16. The governor shall be responsible for the faithful execution of the laws… Do you see the solution? The Executive Branch, Governor Dunleavy can remedy the wrong(s). What is imperative to a solution is an independent investigation from a person that is not domicile in Alaska. We-the-people want truth and justice for all. We-the-people want to be treated fairly within a court of law. We-the-people want judges that faithfully follow the laws, rules, and will believe the plaintiff and/or defendant when she gives a sworn undisputed testimony and exhibits to the court.
Contact Governor Dunleavy and request the an independent investigation into judicial corruption commence immediately. Phone (907) 269-7450 Fax (907) 269-7463
There have been many complaints about Alaska judges and judicial corruption. Senator Shower introduced SB 14 that died in Finance at the prerogative of the Finance Chair and/or Co-Chair. How lame is that! A solution to fix an on-going problem and SB 14 died in Finance. There have been other bills introduced to remedy the judicial wrongs. If you say you’re a Republican then be a Republican – UNITY!
‘https://acjc.alaska.gov/meeting.html
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