Washington, D.C. — Today, the Center for Medicare and Medicaid Services announced its suspension of Georgia’s Section 1332 Waiver. In order to grant states flexibility to innovate in ensuring their residents are able to obtain affordable, high-quality health insurance, Section 1332 of the ACA allows the federal government to grant states waivers of some ACA requirements — but only if states demonstrate that their plans match or surpass the ACA’s benchmarks with respect to coverage, comprehensiveness, affordability, and deficit neutrality.

Nearly 80% of Georgia residents who enroll on the individual market find and purchase their health coverage on healthcare.gov. But, on November 1, 2020, the Trump administration unlawfully approved Georgia’s Section 1332 waiver request, which would terminate the state’s use of healthcare.gov or any other centralized marketplace.

Democracy Forward filed a lawsuit on behalf of Planned Parenthood Southeast and Feminist Women’s Health Center on January 14, 2021 in the U.S. District Court for the District of Columbia seeking to vacate the Trump administration’s unlawful approval of Georgia’s Section 1332 waiver and a 2018 Trump administration decision that provided the basis for the waiver approval.

In response to today’s announcement from CMS, the groups issued the following statement:

“We applaud the Center for Medicare and Medicaid Services’ decision to suspend Georgia’s unlawful 1332 waiver. Not only does it violate essential Affordable Care Act requirements, but it seeks to turn back the clock for Georgians trying to enroll in quality health care to a time when consumers were forced to navigate through private insurers, brokers, and junk plans just to get covered. Up to 100,000 Georgians stood to lose their insurance as a result of the Trump administration’s decision to approve it, and the waiver’s suspension is an important step toward achieving high-quality, affordable health care for all Georgians.”


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Emily Singer
Democracy Forward