Waivers historically have been used to help improve health care of Medicaid enrollees, but some administrations have used them to restrict Medicaid
Medicaid section 1115 waivers allow states to examine innovative ways to deliver care by waiving certain requirements of the Medicaid Act. National Health Law Program works to ensure that states use Medicaid section 1115 waivers to conduct innovations that are consistent with the requirements of section 1115 (e.g., that they are indeed experiments) and are designed to improve access to health coverage.
Home and community based waivers, usually through section 1915 of the Social Security Act, allow states to provide targeted services to help people with disabilities and older individuals stay in their communities and out of institutions.
National Health Law Program works to ensure that states use waivers to conduct thoughtful innovations that can improve access to health care. We advocate with the federal government and support state advocates to develop strong policy proposals that comply with the law, and stop waivers that would harm Medicaid enrollees. Recently, states’ attempts to use section 1115 waivers to add work requirements, premiums, lock-outs and waiting periods through these waivers has led National Health Law Program to challenge HHS approvals of these waivers. See “litigation” for more information.
Home- and Community-Based Care Resources
- June 11, 2021
State Medicaid agencies and their contractors are increasingly relying on preset guidelines or assessment tools or both to make…
- June 10, 2021
In these comments, NHeLP responds to a request for information from AHRQ regarding the use of clinical algorithms that…
- May 25, 2021
Advocates have long pushed states and CMS to improve Medicaid data collection and reporting on health disparities with little…