Could Trump admin. help take ObamaCare down?

12 June, 2018, 01:42 | Author: Cassandra Gardner
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That would mean insurers would no longer be subject to "guaranteed issue" (a requirement that they sell policies to anybody, regardless of medical status) or "community rating" (a prohibition on charging higher premiums to people with pre-existing conditions).

In its brief, also filed on June 7, the Justice Department abandoned its customary role of defending laws passed by Congress and took the side of Texas, agreeing that the mandate is now unconstitutional.

The legal challenge led by the state of Texas argues that these consumer protections - as well as the law's multibillion-dollar program for expanding the Medicaid safety net to poor Americans - should be scrapped because Congress past year repealed the penalty on Americans who don't have health coverage.

"I'm running for Congress because past year, during the lead up to my son's birth, our doctor told my wife and I that our son may not survive or have a serious health condition for the rest of his life", Kim said Friday.

The Trump administration is refusing to defend key parts of the Affordable Care Act, essentially arguing that federal courts should find the health law's protections for people with pre-existing conditions unconstitutional. But insurers said the legal debate alone could cause turmoil in insurance markets this summer.

The president last fall ended "cost-sharing reduction payments" to insurers that offset discounts that the law promises to lower-income customers in the out-of-pocket costs for ACA health plans. Not only may health insurance continue getting less affordable, they even want to take away the pre-existing conditions protection you now enjoy, all while they're working hard to destabilize the private insurance market.

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". The states argue that, because the TCJA has eliminated the individual mandate penalty, the ACA individual mandate is no longer a tax law.

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If the Trump administration isn't going to defend the health law in this lawsuit, who will?

"We strongly condemn the Administration's decision not to defend the patient protections provided in the Affordable Care Act, an established law of the land", APA President Altha Stewart, M.D. said. But it's crucial to remember that this was exactly the reaction of the same set of people in 2010, when the original argument was made against the individual mandate by libertarian law professor Randy Burnett.

"Just read the brief of the states that intervened to defend the law".

Of Texas v. United States America's Health Insurance Plans said Friday, "Initial filings for 2019 plans have shown that, while rates are higher due to the zeroing out of the individual mandate penalty, the market is more steady for most consumers than in previous years, with insurance providers stepping in to serve more consumers in more states".

The Trump administration Thursday did not go that far.

Some Democratic politicians didn't waste much time.

Though the lawsuit has a long path before it, Democrats and their allies are seizing on the administration's stance as a ready-made attack line as they try to retake the House in November. But Perry breaks with many fellow conservatives when it comes to helping those who can't afford insurance.

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The Justice Department thus claims that the individual mandate is unconstitutional as of January 1.

The Trump administration's move fueled accusations that it was politicizing the Justice Department, which is supposed to defend the constitutionality of federal statutes in court - even if the administration in power does not like them - if reasonable arguments can be made. It will lead to "renewed uncertainty in the individual market" and a "patchwork of requirements in the states" and make it more challenging to offer coverage next year.

Regardless of the federal court's ruling-which observers said may come by late summer or early fall-New York state law now protects consumers from such actions by insurers.

Attorney General Jeff Sessions said in a letter to Congress that Trump, who campaigned on repealing the law and almost did so his first year in office, approved the legal strategy.

"The goal of Texas' lawsuit is to leave Americans without health insurance, forcing them to choose between their health and other needs", says California Attorney General Xavier Becerra. In Pennsylvania, where Republicans last month nominated Rep. Lou Barletta for Senate, the state Democratic Party issued a statement that warned, "Donald Trump's lapdog Lou Barletta will throw his full support behind this attempt to end coverage for people with pre-existing conditions".

Both of these types of policies are expected to have lower premiums, but would cover fewer benefits - making them more attractive to healthier Americans who don't need comprehensive coverage.

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