An overview of waivers made possible by Section 1115 of the Social Security Act and Section 1332 of the Affordable Care Act. This presentation explains spending and waiver authority and the legal considerations that may arise, the ways that states have used waiver authority, and reviews the limitations and new responsibilities that come with waivers.
Under Section 1115 of the Social Security Act, states can pursue waivers to implement pilot or demonstration projects affecting many programs, including Medicaid. Under the Affordable Care Act, Section 1332 allows states to pursue federal waivers for innovation strategies that will expand access to high-quality, affordable health care.