1332

General 1332 materials; state-specific materials for Alaska, Colorado, Delaware, Georgia, Idaho, Hawaii, Idaho, Iowa, Maine, Maryland, Massachusetts, Minnesota, Montana, New Hampshire, New Jersey, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Wisconsin; other materials on “Private Idaho” and Iowa.

For the Georgia 1332 lawsuit, see pleadings below under “Georgia”.

GENERAL 1332 MATERIALS

Section 1332, 42 U.S.C. sec. 18052

John McDonough, “Wyden’s Waiver: State Innovation on Steroids,” 39 Journal of Health Politics, Policy & Law (May 2014)

CMS, “Waivers for State Innovation” guidance, 80 Fed. Reg. 78131 (Dec. 16, 2015)

HHS 1332 letter, March 13, 2017

HHS 1332 checklist, May 11, 2017

HHS 1332 guidance and fact sheet, October 22, 2018
Non Federal Register version 2018-23182
83 Fed. Reg. 53575 (Oct. 24, 2018) 2018-23182-1
Waiver concepts and FAQs, November 29, 2018
Letter from Reps. Pallone and Neal to Secretary Azar, November 29, 2018
Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2022 and Pharmacy Benefit Manager Standards; Updates to State Innovation Waiver (Section 1332 Waiver) Implementing Regulations, November 25, 2020 (see pp. 262-68 and 338-40 of the non Federal Register version for the 1332 proposals)
Federal Register version, 85 Fed. Reg. 78,572 (December 4, 2020) (see pp. 78,648-78,650 and 78,676-78,677 for the 1332 proposals)
HHS fact sheet, November 25, 2020 (see page 6 for the 1332 proposals)
Final rule, non-Federal Register version, January 14, 2021
86 Fed. Reg. 6138 (January 19, 2021)
1332 regulations, as modified, January 2021 — 45 C.F.R. secs. 155.1300-.1328
Democrats’ bill to nullify guidance, March 2021

86 Fed. Reg. 24,140 (May 5, 2021)

2021-09102

86 Fed. Reg. [] (June 28, 2021)

non Federal Register version

2021-13993

86 Fed. Reg. [] (September [], 2021)

non Federal Register version, released September 17

CMS-9906-F NBPP Webposting Version

CMS pass through materials, February 28, 2019
CMS “Request for Information Regarding State Relief and Empowerment Waivers,” non-Federal-Register version (May 1, 2019)
Federal Register version, 84 Fed. Reg. 19000 (May 3, 2019)

ALASKA

Alaska 1332 waiver application, December 29, 2016

Expanded version
[]
Appendix VI

More public comment

CMS Alaska approval letter, July 7, 2017

CMS Alaska fact sheet, July 11, 2017

CMS Alaska press release, July 11, 2017

COLORADO
Application, May 20, 2019
Approval, July 31, 2019
DELAWARE
Delaware application, July 10, 2019
Delaware approval, August 20, 2019

GEORGIA

Draft waiver proposal, October 29, 2019
Proposal, and notice, ? November 4, 2019 ?
Proposal, December 23, 2019
Letter asking for pause, February 5, 2020
Phase I completeness letter, February 6, 2020
From the CMS website, reviewed 2/7/20

GEORGIA

On December 23, 2019, Georgia submitted a two-phase State Innovation Waiver application. The Departments determined that Phase I of the application was complete on February 6, 2020. The Departments are requesting comments on Phase I of Georgia’s Section 1332 State Innovation Waiver as part of the federal public comment period. Comments can be submitted from February 6, 2020 through March 7, 2020. Please submit comments to StateInnovationWaivers@cms.hhs.gov and include Georgia Section 1332 Waiver Comments in the subject heading. Please include your name, organization (if any), and email address with the comments.

Letter from Gov. Kemp, July 8, 2020
Revised application, July 31, 2020
Preliminary completeness letter, August 17, 2020
Approval, November 1, 2020

1332-GA-Approval-Letter-STCs

The Georgia 1332 Lawsuit

Planned Parenthood Southeast v. Azar, No. 1:21-cv-117 (D. D.C., filed Jan. 14, 2021)
Consent motion for extension of time to answer, March 18, 2021
03/18/2021 MINUTE ORDER GRANTING Consent 12 Motion for Extension of Time. The Court ORDERS that Defendants shall file their answer or otherwise respond to the Complaint by May 25, 2021. So ORDERED by Judge James E. Boasberg on 3/18/2021. (lcjeb2) (Entered: 03/18/2021)
Georgia motion to intervene, March 25, 2021
03/26/2021 MINUTE ORDER: The Court ORDERS that Georgia’s 13 Motion to Intervene is GRANTED, and the State shall file its briefs on the same timetable as the other Defendants. So ORDERED by Judge James E. Boasberg on 3/26/2021. (lcjeb2) (Entered: 03/26/2021)
Consent motion for stay, June 14, 2021
06/14/2021 MINUTE ORDER GRANTING Consent 21 Motion to Stay. The Court ORDERS that: (1) This action is hereby STAYED until September 13, 2021; and (2) The parties shall file a status report by September 13, 2021. So ORDERED by Judge James E. Boasberg on 6/14/2021. (lcjeb2) (Entered: 06/14/2021)
Joint status report and consent motion for stay, September 13, 2021
09/14/2021 MINUTE ORDER GRANTING Consent 22 Motion to Extend Stay. The Court ORDERS that: (1) This action is hereby STAYED until November 12, 2021; and (2) The parties shall file a status report by November 12, 2021. So ORDERED by Judge James E. Boasberg on 9/14/2021. (lcjeb3) (Entered: 09/14/2021)
Status report, November 12, 2021
11/12/2021 MINUTE ORDER GRANTING Consent 23 Motion to Stay. The Court ORDERS that this Motion is STAYED until February 9, 2022 and the parties shall file a status report by that date. So ORDERED by Judge James E. Boasberg on 11/12/2021. (lcjeb2) (Entered: 11/12/2021)
Not filed in the case by August 30, 2021, but referenced in a footnote in the September 13 filing:
Georgia letter in response to CMS letter (Exhibit A to consent motion for stay), July 2, 2021
CMS response to Georgia, July 30, 2021
Georgia letter to CMS, August 26, 2021
HAWAII
Revised application, August 10, 2016
Approval, December 30, 2016

IDAHO

Idaho draft 1332 application, November 2017

1115 application?

1115 application for public comment, November 7, 2017

Public comments (email)

Public comments (Boise)

Public comments (Pocatello)

Public comments (Coeur d’Alene)

1332 application, July 15, 2019
Preliminary incompleteness determination, August 29, 2019
Governor’s press release, August 29, 2019

IOWA

Iowa “Stopgap” proposal, June 2017

“Stopgap” as submitted 7/13/2017

Iowa 1332 proposal, 8/21/2017

Supplement

Iowa 1332 federal completeness letter, September 19, 2017

Second supplement, October 6, 2017

Withdrawal letter, October 23, 2017

MAINE

Maine 1332 waiver application and exhibits, May 9, 2018

Maine 1332 federal completeness preliminary determination, June 8, 2018

Approval letter, July 30, 2018

MARYLAND

Application, May 18, 2018

Preliminary completeness determination, July 5, 2018

Approval, August 22, 2018

MASSACHUSETTS

Massachusetts fast track 1332 public comment draft, July 24, 2017

Incompleteness letter, October 23, 2017

MINNESOTA

Minnesota

Minnesota

Minnesota

Dayton letter, Sept. 19

Minnesota approval letter, Sept. 22, 2017

Dayton letter, Oct. 3

MONTANA
Application, June 19, 2019
Approval, August 16, 2019
NEW HAMPSHIRE
Application, April 21, 2020
Completeness letter, May 13, 2020
Approval, August 5, 2020
New Hampshire 1332 pass through inquiry, March 22, 2021

NEW JERSEY

Application, July 2, 2018

Preliminary completeness determination, July 13, 2018

Approval letter, August 16, 2018

NORTH DAKOTA

Study, September 2018

2018Proposed1332WaiverAnalysisReport

Application, May 10, 2019

Final North Dakota 1332 Waiver Application

Approval, July 31, 2019

1332-STC-ND-Signed

OHIO

Application, March 30, 2018

Preliminary determination of incompleteness, May 17, 2018

OKLAHOMA

Oklahoma 1332 Waiver Concept Paper, March 2017

Oklahoma 1332 Waiver Public Comment Draft, July 14, 2017

Oklahoma 1332 waiver preliminary completeness determination, August 24, 2017

Oklahoma 1332 waiver withdrawal letter, September 29, 2017

OREGON

Oregon draft, July 25, 2017

Oregon 1332 waiver, August 31, 2017

CMS completeness letter to Oregon, September 11, 2017

Oregon approval letter, October 18, 2017

PENNSYLVANIA
Application, February 11, 2020
Completeness letter, March 12, 2020
Approval, June 24, 2020
RHODE ISLAND
Application, July 8, 2019
Approval, August 26, 2019

WISCONSIN

Application, April 18, 2018

Preliminary determination of completeness, May 9, 2018

Approval, July 29, 2018

Other issues:

PRIVATE IDAHO

Otter order
Otter press release

Insurance bulletin

Patient group letter, 2/13 or 14/18

Blue Cross of Idaho comparison

Democrats’ letter to Cameron, 2/22

BC Idaho memo to Azar, 2/22

BC Idaho actuarial memo, effective 1/1/18

Families USA memo, 3/8/18Iowa House Bill 2356

Verma to Otter letter, 3/8/18

IOWA, Birthplace of Dear Abby and Ann Landers

House Bill 2356

Iowa House Bill 2356

AHIP letter, 3/12/2018

Other state level rates problems

Letter from Charlottesville for Reasonable Health Insurance to Virginia Insurance Commissioner Cunningham, Jan. 4, 2018