Several states are seeking permission from CMS to do a partial Medicaid expansion – up to 100 percent of poverty, rather than 138 percent. People over 100 percent would be eligible for subsidized coverage in the ACA exchanges. So far CMS hasn’t granted these requests. (Neither did the Obama administration.) There are questions whether this can be allowed legally through a waiver, or whether Congress would have to amend the ACA to make this a state option.
