In April, CMS rescinded approval for a Section 1115 waiver amendment that would have extended reimbursement to Texas hospitals for uncompensated care through September 2030. The Biden administration said that under the previous administration, CMS and Texas failed to adhere to public comment period requirements in the approval process. CMS argued that the public comment period is necessary for stakeholders to share feedback.
The new application will include three chances for public comment in the coming weeks, according to The Texas Tribune. Other than that, the Texas Health and Human Services Commission will request the same terms as were approved by CMS in the final days of the Trump administration, according to the report.
The resubmission comes after Texas Attorney General Ken Paxton filed a lawsuit against the Biden administration May 14, alleging that its decision to revoke a state Medicaid funding waiver was an unlawful “power grab.”
Texas has had an extension for its 1115 waiver agreement since 2011. The current waiver is set to expire in October 2022.
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