A full discussion of how to research case law is beyond the scope of this Guide. Please see these UCLA Law Library LibGuides
Waivers or demonstration programs: CMS has the authority, through certain parts of the SSA, to waive some Medicaid requirements. If a state requests a waiver, it must go through a process with CMS during which it describes what the demonstration project is, what its goals are, and how those goals will be measured. CMS has some documentation for some of these waiver projects available on its website. Approach the CMS database with caution, however. It is incomplete, and full of broken links.
As required by the Patient Protection and Affordable Care Act (PPACA), the process to obtain a waiver under Section 1115 of the SSA has become more transparent. More information about this change in rules is available below:
From CMS, often in the form of Medicaid State Director Letters and State Health Official Letters. These letters and other Medicaid federal policy materials can be found on Medicaid.gov.
From the state agency or agencies involved in administering the state’s Medicaid program, or which interact with the Medicaid program, in the form of forms, manuals, letters, FAQs, press releases, etc.
The readily researchable material will vary wildly from state to state. Also, note that you may have to do some digging, and some site searching with keywords to find the materials you need, as materials may not always be logically categorized.
Helpful links from the California Department of Health Care Services:
Helpful links from the California Department of Public Health (this agency is responsible for the licensure of health care facilities):
Helpful links from the California Department of Developmental Services: