State-Based Health Care Innovation: What Flexibility Exists Under Section 1115 and 1332 Waiver Opportunities?

The Trump Administration and Republican-controlled Congress appear resolute on repealing major components of the Affordable Care Act (ACA). While a significant amount of uncertainty surrounding the content and timing of a replacement still exists, some Congressional leaders have reached out to states to explore options that would encourage innovative health care solutions at the state level. The new administration has also indicated plans to maximize flexibility for states and is likely to be more supportive state-based reform initiatives than the former administration.