News & Analysis as of

Patient Protection and Affordable Care Act (PPACA) 1332 Waiver

The Patient Protection and Affordable Care Act (PPAC), also known as Obamacare, is a United States federal statute passed in March of 2010. The Act creates a nationwide insurance system and provides federal... more +
The Patient Protection and Affordable Care Act (PPAC), also known as Obamacare, is a United States federal statute passed in March of 2010. The Act creates a nationwide insurance system and provides federal subsidies to reduce the number of uninsured citizens. less -
Manatt, Phelps & Phillips, LLP

New York’s 1332 Waiver Extends Affordable Coverage to Additional Groups

On March 1, the Departments of Health and Human Services (HHS) and the Treasury approved New York’s section 1332 waiver that expands affordable coverage to additional groups of New Yorkers. The waiver essentially suspends New...more

Manatt, Phelps & Phillips, LLP

Innovative 1332 Waivers Proceed in Colorado and Washington

The Biden administration gave its stamp of approval last week to Colorado’s novel waiver under Section 1332 of the Affordable Care Act (ACA) to require premium reductions in a public option program, a first-of-its-kind plan...more

McGuireWoods Consulting

The Courts and Healthcare Policy - August 2021

The courts continue to play an important role in health policy. 2020 saw several notable lawsuits related to the Affordable Care Act (ACA). Several other Trump administration policies were challenged, including Medicare...more

Manatt, Phelps & Phillips, LLP

The State of Play: A Midyear Update on the Public Option at the Federal and State Levels

In a new “Expert Perspective” prepared for the Robert Wood Johnson Foundation’s State Health and Value Strategies program, Manatt Health provides a midyear update on the public option at the federal and state levels. ...more

Manatt, Phelps & Phillips, LLP

Georgia Releases Section 1332 and 1115 Waivers

On November 4, Georgia released two draft waiver applications for public comment—a Section 1332 State Relief and Empowerment Waiver (“1332 waiver”) to restructure the state’s individual insurance market and a Section 1115...more

Manatt, Phelps & Phillips, LLP

New 1332 Guidance Gives States Lots to Think About

Editor’s Note: While Democratic victories in the U.S. House have fueled national conversations about some variant of Medicare for all, most of the policy change in the near term is likely to continue to be at the state level....more

Manatt, Phelps & Phillips, LLP

CMS Promotes New 1332 Waiver Models, States Weigh Options

With a divided Congress that will struggle to reach agreement about major health policy legislation, states will continue to serve as the drivers and testing ground for new healthcare reforms in at least the next two years....more

King & Spalding

CMS Announces Additional Guidance on State Empowerment and Relief Waiver Concepts

King & Spalding on

Following up on a Federal Register notice published October 24, 2018, CMS announced additional information relating to State Relief and Empowerment Waivers, also known as “Section 1332 Waivers” on November 29, 2018 (the...more

Mintz - Health Care Viewpoints

Overview of CMS' 1332 Waiver Concepts

As we previously discussed, in October the Trump Administration issued guidance related to 1332 waivers. This guidance outlines how the Trump Administration interprets the ACA 1332 waiver guardrails. On November 29th, CMS...more

Mintz - Health Care Viewpoints

Health Care Weekly Preview from ML Strategies – November 2018 #4

Welcome back. This week, Congress returns to Washington with 10 working days to prevent a partial government shutdown by December 7th. Reaching an agreement on funding is the highest priority of the Lame Duck, and it could...more

Mintz - Health Care Viewpoints

Six Things to Know About the New Section 1332 Waiver Guidance

As previously discussed by our colleagues at ML Strategies, the Department of Health and Human Services (“HHS”) and the Department of Treasury (“Treasury”) released new guidelines (the “Guidance”) on the application and...more

Holland & Knight LLP

CMS and Treasury Issue Guidance for States Applying For Section 1332 Waivers

Holland & Knight LLP on

On Monday, the Centers for Medicare & Medicaid Services (CMS) and the Department of Treasury released guidance relaxing a range of requirements for state waivers submitted under Section 1332 of the Affordable Care Act (ACA)....more

Mintz - Health Care Viewpoints

New Jersey’s Pending 1332 Reinsurance Waiver

At the end of July, CMS approved two Section 1332 State Innovation Waivers submitted by Wisconsin and Maine for the purpose of establishing state reinsurance programs. There has been a flurry of 1332 waiver activity recently...more

Mintz - Health Care Viewpoints

Recent 1332 Waiver and Reinsurance Activity

States are increasingly looking for ways to improve stability in their individual insurance marketplaces. One way is through reinsurance programs – systems in which multiple insurance companies share risk by purchasing...more

Faegre Drinker Biddle & Reath LLP

Trump-Era State Innovation Waivers: What's in Store for 2019?

Section 1332 of the Affordable Care Act (ACA) is a powerful policy tool for states in the Trump era. The provision authorizes states to waive certain ACA provisions and receive federal funding for state programs, provided...more

Manatt, Phelps & Phillips, LLP

States Choosing Divergent Paths for Individual Market Coverage

With Congress failing to reach agreement on a stabilization package for the individual market and repeal of the individual mandate set to take effect for 2019, states are considering different strategies, some that will...more

Troutman Pepper

Iowa Emerges as Latest State to Challenge ACA Through Noncompliant Plans

Troutman Pepper on

We recently wrote about Idaho’s failed attempt to permit health insurers to sell policies that did not comply with Affordable Care Act (ACA) requirements for the individual insurance market. ...more

Bricker Graydon LLP

Ohio seeks to become the first state to receive a 1332 waiver of the individual mandate

Bricker Graydon LLP on

On March 30, 2018, the Ohio Department of Insurance (ODI) submitted the application for a waiver from the requirements of the Affordable Care Act’s individual mandate. If approved, Ohio would become the first state to receive...more

Mintz - Health Care Viewpoints

What Lessons Can We Take From The Administration’s Refusal to Allow Idaho to Dismantle the ACA Marketplaces?

In early January, Idaho Governor Butch Otter signed an executive order (EO) directing the state’s Department of Insurance (DOI) to “seek creative options” to expand “access” to health insurance coverage for Idahoans. The EO...more

Manatt, Phelps & Phillips, LLP

State Reinsurance Programs: 1332 Waiver Considerations for States

The Affordable Care Act was designed in part to help bring stability to the individual health insurance market. But faced with a fluid federal regulatory environment, many states continue to encounter challenges, including...more

Baker Donelson

Prospects for ACA Market Stabilization Measures Remain Uncertain

Baker Donelson on

With ongoing uncertainty and turmoil in the individual health insurance market, Congress has spent weeks debating whether to include a bipartisan Affordable Care Act (ACA) stabilization measure as part of the "must pass"...more

Proskauer - Employee Benefits & Executive...

Health Care Reform Roundup – Issue 10

After months of failed attempts to pass any health care reform legislation, it appears efforts to pass a bipartisan bill to improve the Affordable Care Act (ACA) are picking up steam. Below is a summary of regent health care...more

Mintz - Health Care Viewpoints

Health Care Weekly Preview from ML Strategies – October 2017 #1

With the FY2017 reconciliation instructions behind us, we look ahead to what is left in store for health care between now and the end of the calendar year. While Secretary Price’s departure was expected, what he leaves behind...more

Mintz - Employment Viewpoints

Fractal Geometry, Actuarial Risk, and §1332 Waivers—The Role of the States in Reforming Health Care

At this writing, the prospects for success of the latest Republican effort to replace the Affordable Care Act appear bleak — but the Graham-Cassidy bill on which the GOP has pinned its last-ditch hopes highlights a major...more

McGuireWoods LLP

Managed Care Quarterly Review: Issue 1

McGuireWoods LLP on

Tips for Managing Large Claims Disputes Part 1: Pre-Litigation Avoidance and Early Litigation Strategies - Large claims disputes brought by providers against payers are on the rise. Based on previous experience with dozens...more

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