With President Joe Biden’s approval rating rising following Democrats’ big wins during the 2022 midterms and passage of some key legislations over the past few months, Biden got another key win on Monday, Dec. 12. 

The Biden administration approved an application by Washington state that will now give health insurance and increase access for all no matter one’s immigration status. With the approval, it will bypass the original requirements set by the Affordable Care Act (ACA).

The Department of Health and Human Services (HHS) and the Treasury Department were the ones to grant Washington State’s application for a State Innovation Waiver, done so under Section 1332 of the ACA. 

The application for the 1332 waiver was submitted this past May and any state is allowed to apply for the waiver if the state is looking to provide affordable health care while still retaining protections given under ACA.

The HHS secretary, in this case Xavier Becerra, can approve the waiver request if they find that the plan outlined by the state will give their residents coverage that is at least as all-inclusive as coverage provided without said waiver.  

The Evergreen State was looking to be granted the exception from a part of the ACA that excluded denied eligibility to qualified health plans for undocumented immigrants living in the States illegally. The aforementioned qualified health plans are approved by the federal government that meet ACA requirements. 

However, approval of the waiver is subject to Washington State accepting terms and conditions specific to it. Once agreed upon, the waiver will go into effect from early 2024 to the end of 2028.

The White House has said in its approval that Washington state had administered fiscal 2023 funds for a state subsidy program — Cascade Care Savings — despite the waiver not going into effect until 2024. Cascade Care Savings offers premium subsidies to residents who shop health plans through Washington Healthplanfinder and make up to around 250% of the federal poverty level.

Over $50 million was allocated for this program in 2023. With the waiver’s approval, it will result in an additional $5 million becoming available for these subsidies starting in the new year. 

Twenty states have applied and been approved for the waivers, including Alaska, Georgia, New Hampshire, Minnesota and Pennsylvania. For those denied, the reason given was that they were incomplete.

According to both departments, the waiver will further expand access to health, stand alone dental plans, as well as a state affordability program to residents of the Evergreen State regardless of their immigration status.

“The waiver will help Washington work towards its goals of improving health equity and reducing racial disparities by expanding access to coverage for the uninsured population through the state Exchange, all the while not increasing costs for those currently enrolled,” the departments said in a statement.