On Wednesday, August 22, the Centers for Medicare & Medicaid Services (CMS) released a State Medicaid Director Letter (SMDL) memorializing CMS policy for ensuring that Section 1115 waivers remain budget neutral to the federal government. The SMDL describes CMS policy for calculating budget neutrality both for new waivers and for extensions of existing waivers with the implications for states with existing waivers, and those seeking to apply for waivers, discussed in this expert perspective.

As federal health reform legislation has stalled, health policy attention turns to the states, which have many tools to reform their health care systems. While 1115 waivers rightly get a lot of attention, because of their ability to reshape state Medicaid programs, the Affordable Care Act’s Section 1332 waivers continue to be a promising avenue for states.

The U.S. Departments of Health & Human Services (HHS), Labor, and Treasury (collectively the “tri-agencies”) have finalized a new federal definition of short-term, limited duration insurance (“short-term plans”). The new policy is effective 60 days after publication of the rule in the federal register, meaning that short-term plans could be available for sale by early October.