2016 Session

Budget Amendments - HB30 (Conference Report)

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Clarify Waiver Authority and Reporting Requirements (language only)

Item 306 #10c

Item 306 #10c

Health and Human Resources
Department of Medical Assistance Services


Page 252, after line 7, insert:

"2.  At least 30 days prior to the submission of an application for any new waiver of Title XIX or Title XXI of the Social Security Act, the Department of Medical Assistance Services shall notify the Chairmen of the House Appropriations and Senate Finance Committees of such pending application and provide information on the purpose and justification for the waiver along with any fiscal impact.  If the department receives an official letter from either Chairmen raising an objection about the waiver during the 30-day period, the department shall not submit the waiver application and shall request authority for such waiver as part of the normal legislative or budgetary process.  If the department receives no objection, then the application may be submitted.  Any waiver specifically authorized elsewhere in this item is not subject to this provision.  Waiver renewals are not subject to the provisions of this paragraph."

Page 252, line 8, strike "2." and insert "3."


(This amendment provides clarity and transparency with regard to waivers of Medicaid rules as allowed by the Social Security Act. The language provides that any waiver application requires, prior to submission, advance notice to the Chairmen of the House Appropriations and Senate Finance Committees and provides a 30-day period for any objections or concerns to be raised. If an objection is raised, then the waiver application must be requested through the normal legislative process, otherwise the agency may proceed with the waiver application.)