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 New Hampshire.
  • Final Motions in Philbrick v. Azar (New Hampshire Section 1115 Medicaid Waiver Project)

    "In short, coverage remains the fundamental objective of the Medicaid Act. Nothing about the statute's text, structure, or interpretation in case law sanctions projects that put fiscal considerations in conflict with coverage," the National Health Law Program's reply and response motion in Philbrick v. Azar states. Throughout the 45-page motion, the National Health Law Program details how U.S. Department of Health and Human Services Secretary Alex M. Azar failed to consider the impact of New Hampshire's Section 1115 Medicaid waiver project on beneficiaries. Moreover the attorneys argue that Sec. Azar had no authority to approve New Hampshire's Medicaid waiver project. The plaintiffs in Philbrick are represented by New Hampshire Legal Assistance, the National Health Law Program, and attorneys with the National Center for Law and Economic Justic

  • The Personal Stories of Those Affected by New Hampshire’s Section 1115 Waiver

    On November 30, 2018, the Department of Health and Human Services (HHS) approved New Hampshire’s request to condition Medicaid coverage of medically necessary services needed by low-income adults on work requirements and to waive retroactive coverage. The project is called “Granite Advantage.” Because Granite Advantage violates numerous provisions of federal law and will gravely harm tens of thousands of New Hampshire residents, the National Health Law Program (NHeLP) and co-counsel New Hampshire Legal Assistance and National Center for Law and Economic Justice filed a lawsuit challenging the approval on March 20, 2019.New Hampshire is currently implementing the approved waiver. Retroactive coverage ended on January 1, 2019. Individuals must begin completing work activities in June 2019, and could lose their coverage due to noncompliance beginning August 1, 2019.The class action lawsuit was filed on behalf of four individuals who currently obtain their health care through Medicaid and will suffer serious harms under Granite Advantage. Below are descriptions of how NH Granite Advantage will affect the named plaintiffs: Samuel Philbrick is 26 years old and lives in Henniker with his mother and father. Mr. Philbrick currently works as a cashier in a sporting goods store where he makes $11.33 per hour.…

  • Summary of Lawsuit Filed Against HHS Approval of New Hampshire’s “Granite Advantage” Waiver

    National Health Law Program attorneys provide a summary of the lawsuit filed today, Philbrick v. Azar, challenging HHS approval of New Hampshire's Medicaid waiver project. The so-called "Granite Advantage," waiver plan includes a burdensome work requirement, and cuts to services like retroactive coverage.

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