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
86 Fed. Reg. 24,140 (May 5, 2021)
86 Fed. Reg. [] (June 28, 2021)
non Federal Register version
86 Fed. Reg. 53412 (September 27, 2021)
non Federal Register version, released September 17
Pass-through Funding Tools and Resources
- February 28, 2019 – U.S. Department of the Treasury Method for Calculation of Section 1332 Waiver Premium Tax Credit Pass-through Amounts
- February 28, 2019 – Section 1332 State Relief and Empowerment Waiver Pass-through Funding Frequently Asked Questions (FAQs)
- February 28, 2019 – Key Components of PPACA Section 1332 Tentative Pass-through Payments Reinsurance Waivers, 2019
- February 28, 2019 – Advance Payments of the Premium Tax Credit (APTC) by State and Rating Area January through June, 2018
- February 28, 2019 – State Specific Premium Data for Section 1332 Waiver 2019 Pass-through Calculations
ALASKA
Alaska 1332 waiver application, December 29, 2016
Expanded version
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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
GEORGIA
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.
The Georgia 1332 Lawsuit
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 04/11/2022 | MINUTE ORDER GRANTING 26 Motion to Stay. The Court ORDERS that this action is STAYED until the earlier of May 11, 2022, or fourteen days after Federal Defendants complete their review of the Georgia Access Model. The parties shall file a status report at that time. So ORDERED by Judge James E. Boasberg on 4/11/2022. (lcjeb2) (Entered: 04/11/2022) |
| 05/11/2022 | MINUTE ORDER GRANTING Consent 29 Motion to Stay. The Court ORDERS that this case is stayed until September 8, 2022, and that the parties shall file a Joint Status Report on September 8, 2022, as well as interim status reports every 30 days prior to expiration of the stay. So ORDERED by Judge James E. Boasberg on 5/11/2022. (lcjeb2) (Entered: 05/11/2022) |
| 09/09/2022 | MINUTE ORDER GRANTING Unopposed 34 Motion to Extend Stay. The Court ORDERS that this case is STAYED until November 7, 2022, and that the parties shall file a Joint Status Report on November 7, 2022, reflecting their positions on how this litigation should proceed. So ORDERED by Judge James E. Boasberg on 9/9/2022. (lcjeb2) (Entered: 09/09/2022) | |
| 09/09/2022 | Set/Reset Deadlines: Case Stayed, Status Report due by 11/7/2022). (nbn) (Entered: 09/09/2022) |
| 11/07/2022 | MINUTE ORDER GRANTING Unopposed 36 Motion to Extend Stay. The Court ORDERS that this case is STAYED until January 6, 2023, and that the parties shall file a Joint Status Report on January 6, 2023, reflecting their positions on how this litigation should proceed. So ORDERED by Judge James E. Boasberg on 11/7/2022. (lcjeb2) (Entered: 11/07/2022) |
| 01/06/2023 | MINUTE ORDER GRANTING Unopposed 40 Motion to Extend Stay. The Court ORDERS that this case is STAYED until March 7, 2023, and that the parties shall file a Joint Status Report on March 7, 2023, reflecting their positions on how this litigation should proceed. So ORDERED by Judge James E. Boasberg on 1/6/2023. (lcjeb2) (Entered: 01/06/2023) |
| 03/06/2023 | MINUTE ORDER GRANTING Unopposed 42 Motion to Extend Stay. The Court ORDERS that this case is STAYED until Federal Defendants make a decision on Georgia’s application to establish and operate a State-based Exchange. Federal Defendants shall inform the Court within two business days of when such decision is made, with the parties to file a status report 30 days after any such decision reflecting their positions on how this litigation should proceed. So ORDERED by Judge James E. Boasberg on 3/6/2023. (lcjeb2) (Entered: 03/06/2023) | |
| 03/06/2023 | Case Stayed. (nbn) (Entered: 03/06/2023) |
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)
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
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
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
WISCONSIN
Application, April 18, 2018
Preliminary determination of completeness, May 9, 2018
Approval, July 29, 2018
PRIVATE IDAHO
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
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
Affordable Care Act Litigation 