Tuesday, 23 October, 2018

Trump's Midterm Gift To Dems: A War On Pre-Existing Condition Protections

The Trump administration is calling a key part of Obamacare that protects individuals with pre-existing conditions unconstitutional The Trump Administration Is Using a New Tactic to Dismantle Obamacare. What You Need to Know About It
Jordan Brady | 11 June, 2018, 16:31

In a federal court case filed by Texas and 19 other states against the ACA, the Justice Department filed a brief on Thursday that dubbed unconstitutional the Obamacare requirement for all Americans to have insurance.

One Utah health advocacy group warned Friday that the move could have negative financial consequences for hundreds of thousands of Utahns with pre-existing health conditions.

"The DOJ has now acknowledged the problems with the statute".

It's a notable stance that means it will be up to Obamacare fans such as Democratic governors to step in and defend the Affordable Care Act against on onslaught from GOP attorneys general, who say after Congress nixed the individual mandate at the heart of the law, the rest of it should follow.

Texas and the accompanying states have asked for a preliminary injunction that could suspend the entire law while the case plays out in court.

Lest you think Trump simply has no clue what's going on in this matter, Attorney General Jeff Sessions issued a letter declaring that he had the blessing of the president to fight against pre-existing condition coverage in court.

The news rallied defenders of the law into action and raised questions among legal scholars about the likelihood it would succeed.

Lawmakers said they still are reading a Thursday court filing that is reviving the health care reform debate in a pivotal midterm year. In that case, the Supreme Court held up the individual mandate as constitutional only because it could be construed as a tax that raised revenue for the government. What's at issue here is the fact that Congress is getting rid of the penalty for the individual mandate, reducing it to zero as of next January 1 - January 1, 2019. "That change eliminated the basis for the court's decision to uphold the ACA's constitutionality". California argued that the individual responsibility provision, though no longer enforceable as of 2019, remains constitutional.

The Trump administration filed a brief in the case on Thursday, arguing that without the tax to encourage healthy people to sign up, the parts of the law guaranteeing coverage to people with previous health conditions - without charging them higher rates - should be struck down as well. The Trump administration agrees with assessment of the individual mandate also mentioning that the guaranteed issuance of coverage and community rating provisions are tied to the individual mandate and are not severable requiring those provisions to be voided, but the rest of the ACA is severable.

Rashford stars as England beat Costa Rica in warm-up
Loftus-Cheek dragged wide from distance before goalkeeper Nick Pope came on for his debut among a swathe of England alterations. Alexander-Arnold was heavily involved, providing England width in their 3-5-2 system in a match they dominated from the start.

O'Connor issued an order on May 16 that grants California and other states that support the ACA official intervenor status.

Three attorneys for the government withdrew from the case just minutes before the Justice Department's filing in federal court in Fort Worth, Texas, which signaled an internal rift within the administration over its role in defending US law, according to University of Michigan Law Professor Nicholas Bagley.

"However, it's not surprising they've chosen not to, because of (their) consistent efforts.to undermine the ACA", Stanford told the Deseret News. Moreover, even a strong majority of Republicans - even those spooked by the word Obamacare - want to see protections for people with pre-existing conditions kept in place. If the judge in the case agrees, millions of Americans with preexisting conditions could face denial of coverage or higher premiums. Estimates vary widely because there is not a standard definition of what counts as a pre-existing condition.

"We can't go back to the times when pregnant women, folks with a disability and people with cancer were denied the care they needed", Maloney said in an email. "The pre-existing condition protections are extremely popular on both sides of the aisle".

AHIP said it will file an amicus brief in support of the law that "provides more detail about the harm that would come to millions of Americans if the request to invalidate the ACA is granted in whole or in part". "It's a cornerstone of what they do", he says. "But to have one without the other doesn't make any sense".

ROVNER: Well, one of the reasons it's happening - say the insurers, who are filing their rates now for next year - is because they took away this penalty for people who don't have insurance.

The ACA is a package made up of two separate laws: the Patient Protection and Affordable Care Act of 2010 (PPACA) and the Health Care and Education Reconciliation Act of 2010 (HCERA).

"Removing those provisions will result in renewed uncertainty in the individual market, create a patchwork of requirements in the states, cause rates to go even higher for older Americans and sicker patients, and make it challenging to introduce products and rates for 2019", said Matt Eyles, the president and chief executive of America's Health Insurance Plans, a trade group for insurers.

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