The Centers for Medicare & Medicaid Services and Department of the Treasury today issued a request for information seeking ideas for additional Section 1332 waiver concepts that states could consider. Under Section 1332 of the Affordable Care Act, states can apply for a waiver of certain requirements but must demonstrate that the proposed waiver would provide access to quality health care that is at least as comprehensive and affordable as without the waiver, cover at least as many individuals, and not increase the federal deficit. The agencies last fall issued updated guidance and four waiver concepts for states seeking Section 1332 waivers for plan year 2020 and later, which allow states to test a broader array of approaches to coverage, including promoting private plans that may offer less comprehensive coverage. The RFI will be published in the May 3 Federal Register with comments due by July 2.

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