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Administration Announces State Relief and Empowerment Waivers
Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS] [Guidance Overview] Oct. 22, 2018
"The new flexibilities available to states include ... [1] Allows states to provide consumers with plan options that best meet their needs, while, at the same time, ensuring people, including those with pre-existing conditions, retain access to the same level of coverage available today without the waiver; [2] Continues to require that a comparable number of people have coverage, but expands the definition of coverage to include more types of coverage, such as short-term plans; [3] Provides greater flexibility for states to consider improvements in comprehensiveness and affordability for state residents as a whole versus the prior focus on specific populations; [4] Supports increased variation and flexibility for states that may want to leverage components of the Federal Exchange platform to implement new models; and [5] Provides flexibility for states to meet the state legislative authority requirement. The guidance clarifies that in certain circumstances, existing state legislation that provides statutory authority to enforce ACA provisions and the state plan, combined with a duly-enacted state regulation or executive order, may satisfy the requirement that the state enact a law."
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