Sec. 1115 Waiver Requests: Transparency & Opportunity for Public Comment

Executive Summary

With HHS Secretary Tom Price open to Section 1115 waivers in Medicaid that could include work requirements,  state health advocates must be vigilant in ensuring waivers do not contravene Medicaid law. The Affordable Care Act (ACA) amended Sec. 1115 to require greater transparency and opportunity for public comment on proposed demonstration waivers considered by states and the Centers for Medicare & Medicaid Services (CMS). In this Issue Brief, Senior Attorney Catherine McKee and Legal Director Jane Perkins provide an in-depth look at the process for application, for approving Sec. 1115 waivers, requirements for monitoring approved waivers, and highlight steps advocates should take “to ensure that states and CMS consider the proposal’s potential effects on Medicaid enrollees.”