CMS approves NYS Section 1135 Waiver

March 26, 2020


Today, CMS approved six additional state Medicaid waiver requests, including New York, under Section 1135 of the Social Security Act in response to the 2019 Novel Coronavirus (COVID-19) pandemic.  The waivers offer states new flexibilities to focus their resources on combating the outbreak and providing the best possible care to their Medicaid beneficiaries.


It appeared that CMS scaled back the requests it approved in New York’s 1135 waiver application and we wondered whether NY needs to apply for certain permissions under a different waiver vehicle, however, in the preface to the approval letter, CMS states the following:

“CMS continues to work on the additional waiver or modification requests that are not currently reflected in the attached approval. For those waiver or modification requests that require approval under authority other than section 1135, such as under applicable regulations, through an amendment to the state plan, or through a section 1115 demonstration, my staff will continue to work with your team to review and make determinations regarding approval as quickly as possible.”

The approval letter for New York can be found at the link here:

The entire waiver request document can be found at the link here: