State Health Insurance Plan Guidance – Passage

Passage of the bill that would prohibit the Health and Human Services and Treasury departments from taking any action to implement or enforce their October 2018 guidance regarding criteria for evaluating Section 1332 state health care plan waivers under the 2010 health care overhaul, and would prohibit the departments from effectively reissuing the guidance. Section 1332 waivers exempt state health care plans from certain federal requirements under the Affordable Care Act, including requirements related to qualified health plans, tax credits, and individual and employer mandates. To be eligible for such waivers, proposed state plans are required to provide care to a "comparable number" of residents that is "as comprehensive" and "as affordable" as would otherwise be provided under the ACA. The October 2018 guidance modifies guidelines for considering waiver applications, emphasizing that a proposed state health care plan should be evaluated based on the number of residents that would have "access" to comparable coverage under the plan, as opposed to the number of residents that purchase such coverage.