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

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  • Shield of Federalism: Interstate Compacts in Our Constitution

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    From the Texas Public Policy FoundationCenter for Tenth Amendment Studiesby Ted Cruz Senior Fellow, Center for Tenth Amendment Studies Mario Loyola Director, Center for Tenth Amendment Studies Key Points As shields, interstate compacts can protect areas of State regulation from federal power. Interstate compacts allow States to initiate changes in federal law. Interstate compacts are one way that States, working together, can reassert their proper role within the Constitution?s balance of federalism. Introduction The American Republic is facing one of the greatest challenges of our history. In Washington, Republicans and Democrats alike have indulged the runaway spending and regulatory overreach of a federal government that continues to expand the scope of its powers  unabated. ! e Patient Protection and Affordable Care Act (?ObamaCare?) marks a dramatic new milestone in that expansion. Americans are starting to realize that restoring and protecting self-government requires a return to our founding principles of limited government and local control.   As this nationwide movement gathers momentum, Americans are searching for tools to restore the Constitution?s founding principles. Among the most promising is the interstate compact. Its power as a constitutional device to regulate a multitude of regional…

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