1332 State Innovation Waivers: What’s Next for States
Manatt Health Solutions
Waivers available under Section 1332 of the Affordable Care Act offer potentially great flexibility to states in achieving the goals of the ACA through very different means than originally envisioned. They take effect as early as January 1, 2017, and require legislative authorization, substantial public engagement, and negotiation with the federal government. Moreover, without grant dollars to fund the development process, unlike for the establishment of state-based exchanges, 1332 waiver proposals will present additional time and resource challenges for states.
For states interested in rolling out new waiver-based reforms in early 2017, now is the time to begin thinking through possible ideas. The initial call of the State Network 1332 Waivers Affinity Group included a presentation from Manatt Health Solutions on the potential and limitations of these waivers. This slide deck, presented by the team at Manatt, provides an overview of the basics of the waivers, including information on what can and cannot be waived and statutory guardrails, the process for obtaining a waiver, and possible opportunities for state innovation.