1332 Waiver
In April of 2022, Governor Hochul in a budget briefing to the press said:
“We said we would reach out to the federal government and ask for a waiver…under the Essential Plan” for Coverage4All, noting that Emergency Medicaid is not “ideal” coverage” See video here
But despite her promise, NYS submitted a 1332 innovation waiver only requesting funding to increase the Federal poverty level (FPL) from 200% FPL to 250% FPL, thus excluding immigrants.
Toward the end of the 2023 legislative session, Governor Hochul requested confirmation from CMS that funds from the 1332 Waiver could be used to cover immigrant healthcare, CMS RESPONDED.
What is the 1332 Waiver?
Section 1332 of the ACA allows states to be innovative in their approach to healthcare reform by obtaining 1332 waivers from the federal government. States can propose unique, state-specific solutions – which can include fairly substantial changes in terms of how the Affordable Care Act is implemented in the state – as long as consumer protections are maintained, people don’t lose coverage, and the federal government doesn’t have to spend any more than they would have without the state’s innovation.
Read more about the 1332 waiver at Healthinsurance.org
See the CMS website here to learn more about the current status of the New York State 1332 Waiver application submitted on May 12, 2023, to expand the Essential Plan to New Yorkers with incomes up to 250% of the Federal Poverty Level to the U.S. Departments of Health and Human Services and Treasury. Through this expansion of Essential Plan coverage, the State seeks to increase access to high-quality, affordable health insurance for low- and moderate-income individuals.