Waiver 1115 Information

Section 1115 Medicaid waivers allow states to explore new options for providing health coverage to persons who would otherwise not be eligible and allow states to examine innovative ways to deliver care by waiving certain requirements of the Medicaid Act.

While waivers can be important tools that can help states respond to the needs of low-income individuals, they also present concerns for health advocates working to protect the rights of Medicaid enrollees and promote transparency in state waiver processes.

Sec. 1115 of the Social Security Act allows the Secretary of Health and Human Services to waive some requirements of the Medicaid Act so that states can test novel approaches to improving medical assistance for low-income people.

Under the current administration, several states are seeking waivers to impose harmful cuts and restrictions. The first set of harmful waivers have been approved for Kentucky and Arkansas, with a number of states seeking to enact similar changes to Medicaid. Learn more about Medicaid waivers and how the National Health Law Program is combating the Trump administration’s illegal use of waivers to weaken Medicaid.

View 1115 Waiver Resources By State

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results by Mara Youdelman in Waivers and Demonstrations.
  • Quick Review: Transparency, Opportunity for Comment

    A Quick Review of transparency and opportunity for public comment in requests for Section 1115 Waivers. In this brief overview, Senior Attorney Catherine McKee, Legal Director Jane Perkins, and Managing Attorney of the DC office Mara Youdelman note, "The importance of the transparency and public accountability requirements has never been greater," as the HHS secretary has expressed a willingness to approve demonstrations that include work requirements, eliminate presumptive eligibility, and impose greater premiums and cost-sharing than the Medicaid Act allows.

  • Waivers of Medicaid Requirements – A Quick Review

    In a companion piece to Background to Medicaid and Section 1115 of the Social Security Act, Legal Director Jane Perkins and Managing Attorney of the DC office Mara Youdelman provide a brief review of how certain Medicaid requirements may be waived. They conclude, in part, that "Section 1115 of the Social Security Act gives the Secretary of HHS limited authority to approve Medicaid waivers."

  • Medicaid Work Requirements – Not a Healthy Choice

    In an effort to win conservative members' support for the Affordable Care Care Act repeal bill, House Republicans have added a work requirement for Medicaid to the measure. In this issue brief, NHeLP Managing Attorney of the DC office Mara Youdelman,  Legal Director Jane Perkins, and Policy Analyst Ian McDonald detail why such work requirements "run counter to the purpose of Medicaid." They conclude, "Work requirements would stand Medicaid's purpose on its head by creating barriers to coverage and the pathway to health that the coverage represents."

  • Health Advocate: Our New Year’s Resolutions

    This edition of the Health Advocate previews what is ahead in the coming months including the continuing theme of Medicaid expansion, protecting what makes Medicaid "Medicaid" as the new Congress gears up, and our work to protect and expand access to reproductive health and the courts.

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