The Domino Effect Of The Trump Admin Gutting Pre-Existing Conditions Protections
TPM ^ | 06/13/2018 | Alice Ollstein
Posted on 6/13/2018, 3:51:09 PM by GIdget2004
The Trump administration’s new attempt to have key pieces of the Affordable Care Act struck down in federal court — particularly the ban on insurance companies turning people away or charging them higher premiums based on a pre-existing condition — could have a serious and damaging domino effect throughout the health care sector. Insurance trade groups, health care experts and lawmakers say the fallout is likely to extend beyond the individual market, impacting many of the tens of millions of Americans who get their health insurance from an employer.
The Justice Department is arguing in a new court brief that the repeal of the individual mandate penalty Congress passed in 2017 as part of a tax overhaul renders several remaining parts of the Affordable Care Act unconstitutional — pointing to the Supreme Court’s 2012 ruling that upheld the heart of the ACA by interpreting it as a tax.
The DOJ, weighing in on behalf of 20 GOP-controlled states who are seeking to strike down the ACA in its entirety, says the ACA’s ban on discrimination based on pre-existing conditions and limits on charging older patients higher premiums are invalid, and they are requesting that the court put a halt to those provisions in January of 2019, when enforcement of the individual mandate is set to be terminated.
Republicans, who repeatedly promised last year that protections for pre-existing conditions would be preserved even as they voted to repeal the ACA, are panicking about the administration’s move, with an eye on its impact on this fall’s midterm elections.
(Excerpt) Read more at talkingpointsmemo.com …