House passes bill to rescind CMS guidance on Section 1332 waivers

The House of Representatives yesterday voted 230-183 to pass AHA-supported legislation (H.R. 986) that would rescind the administration’s latest guidance for states seeking a Section 1332 waiver of certain Affordable Care Act requirements. Under Section 1332 of the ACA, 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. The Centers for Medicare & Medicaid Services and Department of the Treasury 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 legislation also would prohibit similar guidance from being proposed in the future. The agencies this month issued a request for information seeking ideas for additional Section 1332 waiver concepts that states could consider.