Will NY need federal waivers to implement the NY Health Act? What about ERISA?


In order to efficiently integrate existing federal funds (Medicare, the federal share of Medicaid and CHIP, ACA subsidies) into the new system, the New York Health program will seek waivers from the federal government that will enable bulk transfer of these funds to the state based on global, prospective budgeting. 

Federal waivers will be sought to make the program easier to implement. However, the program works even if waivers are not received. The bill includes technical mechanisms that will work in the background, not affecting how NY Health works for patients and providers. Federal funds will continue to flow to New York, as they do now, and the NY Health program will be able to avail itself of them.

For a more thorough overview of the issue, read the FAQs on federal waivers and ERISA.

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