Which states filed for Section 1332 waivers?

Increased use of Section 1332 waivers — also known as State Innovation Waivers — to create reinsurance programs indicates states are looking for ways to bolster the individual marketplace despite uncertainty on Capitol Hill, according to a blog post from Health Affairs.

Section 1332 of the ACA allows states to file for waivers to apply budget-neutral innovations specific to their healthcare systems. The waivers were encouraged by the Trump administration when it issued a new guidance checklist that focuses on innovation strategies such as high-risk pools and reinsurance programs and that would allow states to opt out of some ACA mandates.

Here are the states that have implemented, filed for or plan to apply for State Innovation Waivers, according to Health Affairs.

States with approved waivers

  1. Hawaii

States with applications pending

  1. Alaksa
  2. California

States that enacted legislation to submit a waiver

  1. Kentucky
  2. Maine
  3. Massachusetts
  4. Minnesota
  5. Montana*
  6. Ohio
  7. Oklahoma
  8. Texas
  9. Rhode Island

*Montana passed legislation to establish a reinsurance fund through a Section 1332 waiver, but it was vetoed by Democratic Gov. Steve Bullock. Mr. Bullock vetoed the legislation because it would allow the state insurance commissioner to craft the application without advising the governor's office, according to the report.

Read more here.


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