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 Waivers and Demonstrations and National.
  • CMS Issues Guidance on MOE under ARRA

    This fact sheet describes CMS guidance regarding Section 5001 of the American Recovery and Reinvestment Act of 2009. Section 5001 offers states temporary increases in their federal medical assistance percentage (FMAP) between October 1, 2008 and December 31, 2010. The CMS guidance addresses increased FMAP methodology and grant issuance; reinstatement processes when states reverse disqualifying policies; frequently asked questions from states; and Section 5001?s maintenance of effort (MOE) provision.

  • Health Advocate: Section 1115 Waivers: More than Meets the Eye

    This issue of the Health Advocate provides background on Medicaid Section 1115 waivers, which allow participating states an exception to some Medicaid requirements. Section 1115 waivers have been problematic and present a number of issues for health advocates as HHS has allowed states to use this authority to make changes that seem to reduce, not support, access to Medicaid coverage.

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