Timothy Jost: Using the 1332 State Waiver Program to Undermine the ACA, State by State
New federal guidance describes the Trump administration’s plan to support state efforts to regulate and subsidize insurance in ways that are very different from those established by the Affordable Care Act (ACA).
While Section 1332 of the ACA authorizes the Health and Human Services and Treasury departments to waive certain provisions of the law, it also imposes guardrails to protect comprehensive coverage in the individual and small-group health insurance markets, writes health law expert Timothy S. Jost in a new post for To the Point. Jost explains that the new guidance reinterprets each of Section 1332’s guardrails to permit states to allow coverage that deviates from ACA requirements.
“With its 1332 waiver guidance, the Trump administration is attempting to accomplish through administrative fiat changes in the ACA that Republicans repeatedly tried and failed to bring about through legislation in 2017,” Jost says.
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