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

results in Arkansas.
  • The Personal Stories of Those Affected by Arkansas’ Sec. 1115 Waiver

    National Health Law Program Attorneys Mara Youdelman and Elizabeth Edwards detail stories of individuals in Arkansas who are being harmed by the state's Medicaid work requirement.

  • Gresham v. Azar: Amended Complaint (Legal Pleading)

    The amended complaint in Gresham v. Azar, which includes more plaintiffs, noting that more than 8,400 people have lost coverage since implementation of of Arkansans' Medicaid work requirements mandate. Download amended complaint.

  • Gresham v. Azar: Plaintiffs’ Summary Judgment Motion

    If the Trump administration's Secretary of the U.S. Department of Health and Human Services and the state of Arkansas want to to "radically restructure" Medicaid, "then they must secure the consent of Congress. It is not for them to achieve that end by administrative fiat," state the plaintiffs in a summary judgment motion filed in the Arkansas lawsuit challenging HHS's approval of Arkansas' legally flawed Medicaid waiver scheme, called the "Arkansas Works Amendment." The plaintiff's motion for summary judgment also states, HHS did not approve "Arkansas Works Amendment" to promote the objectives of Medicaid, "but to 'fundamentally transform' the Medicaid program through agency action." The administrations CMS director issued a "State Medicaid Director Letter announcing a new policy establishing requirements for states that wish to condition medical assistance on compliance with work requirements, with minimal evidence for how work requirements will further Medicaid's purpose." Download the Arkansas plaintiffs' entire summary judgement motion. Click here to read all of the relevant legal documents in Gresham v. Azar.

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