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Status of Pending Regulations on Section 1115 Waivers

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Status of Pending Regulations on Section 1115 Waivers

January 3, 2012

ANCOR participated in a recent invitation-only roundtable on the Affordable Care Act and people with disabilities held by the Kaiser Family Foundation’s Commission on Medicaid and the Uninsured.

ANCOR pressed Centers for Medicare and Medicaid Services officials again on the need for the agency to issue its final regulations regarding transparency processes and public input at both state and federal levels in the development and renewal of Section 1115 Medicaid demonstration waivers.

Given the intense interest and speed in which states are redesigning their Medicaid health and long-term services delivery systems, ANCOR again urged CMS to issue final regulations now so that states are clear as to requirements to involve providers and other stakeholders in meaningful participation in the development, implementation and evaluation of 1115 waivers. CMS responded that it plans to offer guidance to states within the next two to three months.

Note:The proposed regulation would implement the ACA provisions of section10201(i) provisions that set forth transparency and public notice procedures for experimental, pilot, and demonstration projects approved under section 1115 of the Social Security Act relating to Medicaid and the Children’s Health Insurance Program (CHIP). CMS issued proposed regulations September 17, 2010 on Medicaid Program: Review and Approval Process for Section 1115 Demonstrations (CMS-2325-P).