Update on the Affordable Care Act
We are continuing our advocacy blog series meant to help youtake carewhen it comes to important arthritis health care and coverage issues. If you are just now tuning into this series, check out our previous blog posts onaccumulator adjustment programs, pharmacistgag orders, President Trump’s drug pricingblueprint,drug rebates, andpremium increases.
This week, we break down a recent legal challenge to the Affordable Care Act (ACA). A court case was recently thrown into the spotlight as a result of the administration’s decision to file a brief essentially arguing that federal courts should find the ACA’s protection for people with pre-existing conditions unconstitutional. Read on to learn more.
What’s the legal challenge about?
今年3月，一个由近24个州的总检察长组成的联盟在德克萨斯州的美国地方法院提起诉讼，称《ACA》的医疗保险改革，以及许多保护消费者的措施，比如禁止基于已有的疾病拒绝承保，是违反宪法的。该诉讼认为这些改革是违反宪法的，因为国会在去年12月的税改法案中废除了个人强制医保。
What does the individual mandate have to do with this case?
In their complaint, the attorneys general lean on the2012 Supreme Court decisionupholding the constitutionality of the individual mandate under the ACA, which the Court ruled may be reasonably characterized as a tax penalty. Since the individual mandate was effectively eliminated last year, the attorneys general believe the individual mandate and the rest of the Affordable Care Act is now unconstitutional.
How did the administration react to the lawsuit?
The lawsuit grabbed headlines in June due to a surprising court filing by the Department of Justice urging the district court to strike down the individual mandate as well as key consumer protections, such as the prohibition on refusing to cover or charge higher premiums to individuals with a pre-existing condition.
Offering support for the lawsuit is highly unusual: regardless of the party in power, the Administration has a constitutional responsibility to ensure laws are faithfully executed and is expected to defend these laws when they are challenged in court.
What are the immediate consequences?
Attorneys general from a number of other states are expected to defend the federal law. A decision by the Texas district court is unlikely for many weeks; when a decision is reached it will likely be appealed. In the meantime, the consumer protections in the ACA remain law and insurers may not deny coverage or charge higher premiums to individuals with pre-existing coverage.
What is the Arthritis Foundation doing in response to the administration’s action?
The Arthritis Foundation is monitoring developments in the court case, and a decision is still many months away. However, we are deeply concerned that the Administration has argued important patient protections – such as prohibiting pre-existing condition exclusions – should be eliminated from current law. We continue to advocate before Congress and the Administration for policies consistent with ourprinciples for health reform, which continue to guide our approach to legislative and regulatory proposals affecting the health insurance markets.
We understand that health care costs continue to be a complex issue for patients and all parts of the health care industry. We will continue to work diligently to identify solutions that put patients first. If you’d like to stay informed of federal and state-based health care issues, considersigning up to be an Advocate. Becoming a part of our Advocacy grassroots network is an easy way to get involved and stay informed.
Related Resources:
- Read More Posts from the Take Care Series
- 参与!Sign Up to Be an Advocate
- Read About Your Health & New State Laws