Sec. 1115 Demonstration Authority: Medicaid Provisions That Prohibit a Waiver

Executive Summary

With HHS Secretary Tom Price open to Section 1115 waivers in Medicaid that could create obstacles to accessing Medicaid services, National Health Law Program’s N.C. office has created a primer on what parts of the Medicaid act that cannot be waived. As this paper notes, “Section 1115 of the Social Security Act (SSA) provides the Secretary of Health and Human Services with limited authority to waive requirements of the Medicaid Act.”

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