Health Affairs November 1, 2019
On October 30, 2019, the U.S. Senate failed to advance a resolution to invalidate the Trump administration’s guidance on state innovation waivers under Section 1332 of the Affordable Care Act (ACA). The guidance encourages states to more broadly reshape their state insurance markets and relaxes prior interpretations of Section 1332’s “guardrails.” It invites, among other options, the possibility for states to direct federal subsidies towards non-ACA plans (such as short-term plans that discriminate against patients with preexisting conditions).
The resolution, sponsored by Sen. Mark Warner (D-VA), failed in a vote of 43 to 52. Sen. Susan Collins of Maine was the only Republican member to vote in favor of the resolution. Five Senators—all Democratic presidential candidates—did not vote. The U.S....
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