Medicaid 1115 Waivers: Exemptions for People Living with HIV and Hepatitis

Section 1115 of the Social Security Act gives the Secretary of Health and Human Services authority to approve demonstration or “waiver” projects that promote the objectives of the Medicaid program. These waivers offer states an opportunity to respond to the needs of low-income individuals by improving and expanding the Medicaid program.

This fact sheet will provide background on Medicaid medically frail exemptions, explain why these exemptions are important for people living with HIV and hepatitis, examine medically frail exemption policies in four states that have received approval for 1115 waivers imposing work requirements, and propose opportunities for health departments and other stakeholders to shape state exemption policies that ensure people living with HIV and hepatitis maintain access to Medicaid.