On April 9, 2022, Governor Hochul signed into law Chapter 56 of the Laws of 2022. Part BBB of the chapter authorizes the Commissioner of Health to seek an Affordable Care Act (ACA) Section 1332 State Innovation Waiver for the expansion of the Essential Plan to New Yorkers up to 250% of the Federal Poverty Level. Through this expansion of Essential Plan coverage, the State seeks to increase access to high quality, affordable health insurance for low- and moderate-income individuals.
DOH intends to submit a draft of the 1332 Waiver for a 30-day public comment period and hold two public hearings and a consultation with Federally-recognized tribes. Due to the COVID-19 Public Health Emergency, DOH requested and received federal approval to hold the public hearings and tribal consultation virtually rather than in person, in accordance with 31 C.F.R. § 33.118(e) and 45 C.F.R. § 115.1318(e). This modification will provide the greatest opportunity and level of meaningful input from impacted stakeholders that is practicable given the emergency circumstances.
This webpage will be updated with the draft 1332 Waiver, instructions on how to submit public comments, and the public hearing dates and times once available.