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.

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  • What Public Charge Means for Reproductive Justice

    Authors: National Health Law Program, National Latina Institute for Reproductive Justice, National Asian Pacific American Women's Forum, and In our own voice: National Black Women's Reproductive Justice Agenda Reproductive justice is a social movement rooted in the belief that all individuals and communities should have the resources and power they need to make their own decisions about their bodies, genders, sexualities, families, and lives. The Trump Administration’s crusade to expand the public charge rule is designed to sow fear, reap reproductive injustice, and damage the health and economic stability of immigrant Black, Latina/x, and Asian American and Pacific Islander (AAPI) people, families, and communities. This brief provides an overview of the recent changes to the public charge test, its implications for immigrant communities of color, and potential harms to reproductive and sexual health and justice.

  • NHeLP response to HHS Request for Information on Guidance Documents

    HHS posted an undated Request for Information (RFI) on its website asking for input on which guidance documents should undergo notice and comment. In this response, NHeLP object to HHSposting the RFI while a formal rulemaking on the same issue is pending. See NHeLP Comments on HHS Proposed Rule on Guidance (Sept. 14, 2020), /. NHeLP also faults HHS for failing to publish the RFI in the Federal Register, and urges the agency to withdraw the RFI.

  • NHeLP comments on Approved Drug Products with Therapeutic Equivalence Evaluations (the “Orange Book”)

    The Orange Book is an important and informative drug resource for a range of stakeholders. In a request for comments, FDA seeks feedback on the types of people or entitles using the Orange Book, additional information and features to incorporate into the Orange Book, and therapeutic equivalence information. NHeLP comments offer a number of suggestions that would make the Orange Book more widely and readily accessible to the communities actually using the medications.

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