New resources from CMS help states apply for 1332 waivers following guidance allowing flexibility with ACA requirements.
To support states in improving their health insurance markets and boosting the affordability of coverage through State Relief and Empowerment Waivers (section 1332 waivers), CMS provided resources, including a checklist of required waiver elements and model templates to aid in understanding of the application process. The tools aim to help states in taking advantage of new flexibility to waive certain requirements under the Patient Protection and Affordable Care Act (ACA) (P.L. 111-148).
In 2018, CMS and the Department of the Treasury issued guidance giving states the flexibility to waive certain requirements under section 1332 of the ACA. After releasing the guidance, CMS provided states with four waiver concepts to illustrate how states could take advantage of the new flexibility. The Trump Administration to date approved seven reinsurance-type waivers that CMS Administrator Seema Verma said lowered premiums and strengthened insurance markets. However, CMS has heard from states that more help is needed in putting together waiver applications.
The new resources provided by CMS is intended to reduce guesswork and burden on states in creating waiver applications. The tools include details on how each waiver concept can be used to improve insurance markets and templates to show what states need to include in their applications, including areas of flexibility and variations states may consider. States are not required to use these resources, and use of the resources does not guarantee approval of a section 1332 waiver application.
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