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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  • The Congressional Review Act: Frequently Asked Questions

    The CRA requires executive branch agencies to report their rulemaking activities to Congress and creates a process for Congress to overturn these federal rules. Until 2017, the CRA had been used only once to strike down a federal regulation. Following the 2016 elections, however, a Republican controlled Congress, under the Trump Administration, used the CRA to invalidate dozens of federal rules enacted under the Obama Administration. Depending on the outcome of the 2020 elections, the CRA might serve as an important tool for a new Congress and Administration to rescind actions of the Trump Administration. This issue brief will answer the following questions: • How can Congress use the CRA to disapprove administrative rules? • What types of actions are reviewable under the CRA? • What is a major rule? • What process does Congress use to review a rule that has not been reported to Congress? • Can an agency issue a similar rule if Congress disapproves a rule under the CRA? • What is the CRA “lookback period” and how is that calculated?

  • 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.

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    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.

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