Trump Administration Court Filing Threatens Coverage for Preexisting Conditions

The Trump administration is calling a key part of Obamacare that protects individuals with pre-existing conditions unconstitutional

The Trump administration is calling a key part of Obamacare that protects individuals with pre-existing conditions unconstitutional

"I urge Congressman MacArthur publicly demands that President Trump defends protections for pre-existing conditions and upholds the ACA immediately, so our premiums and medical bills don't skyrocket even further", Kim said in a statement responding to Thursday's decision.

The Department of Justice said Thursday that it will not defend the constitutionality of key provisions of the Affordable Care Act in a lawsuit now underway in Texas.

SIMON: And let's start with the question of the individual mandate.

"If the Trump administration is successful in arguing against the constitutionality of protecting patients' access to care, it will have immediate and disastrous effect on our health care system and the American people", the lawmakers say.

The Department of Justice said it agrees with Texas that the so-called individual mandate will be unconstitutional without the fine. Rather, it argued that without the tax to encourage healthy people to sign up, the parts of the law guaranteeing coverage to people who have chronic illnesses or other pre-existing health conditions should be struck down as well.

In that scenario, other ACA provisions would stay in place.

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The administration's legal stance injects profound uncertainty into the political debate and the health-care landscape at a critical moment, just as insurance companies are developing rates for the coming year and as candidates head into a summer campaign season that both parties will try to use to solidify a foothold for their agendas. Shame on the Republican Party and the president who pretended to have a heart on this issue for attempting to screw over some of this country's most vulnerable people.

The filing declares unconstitutional the so-called individual mandate-which requires nearly all Americans to purchase health insurance or pay a "tax" if they don't-and calls for several elements of ACA to be invalidated.

More recently, the administration also sought to loosen rules on short-term health insurance plans that are less expensive but don't carry the same consumer protections as Obamacare plans.

The fresh potential that the courts could deliver a significant blow to the ACA arises after a years-long perseverance by Republicans to repeal much of the sprawling 2010 statute ended in failure a year ago, leading GOP attorneys general, governors and the Trump administration to turn to the courts and administrative actions to undermine the law. However, following the passage of the Tax Cut and Jobs Act of 2017 (TCJA) [text, PDF], the tax penalty would not be imposed as of 2019.

The TCJA sets the ACA individual mandate penalty for 2019 and later years at zero. Without the tax, Texas' says, the rest of the law falls. In it, the states deem the entirety of Obamacare and its regulations invalid.

If the mandate provision is no longer a tax provision, the 2012 Supreme Court ruling should no longer protect the individual mandate provision from legal challenges, the states say. It was defended instead by House Republicans but declared unconstitutional by the Supreme Court in 2013.

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More than 2,500 residents from the area have had to leave with more than 300 seeking refuge in nearby community centers. His ocean-view property sits on a ridge near the base of Kapoho crater, and he thinks the lava could have missed it.

"Texans have known all along that Obamacare is unlawful and a divided Supreme Court's approval rested exclusively on the flimsy support of Congress' authority to tax", said Paxton when the suit was filed.

The case is Texas v. U.S., 4:18-cv-001 67, U.S. District Court, Northern District of Texas (Fort Worth).

California and 15 other states filed an opposing brief on Thursday defending the law. O'Connor has told those states they can submit pleadings to the court along with the other parties.

On Friday, Attorney General Jeff Sessions addressed the administration's decision in prepared remarks to a conservative summit in Denver.

Sessions, in his letter to Ryan, said that the parts of the law restricting the variance in the premiums that could be charged and requiring insurers to cover everyone did hinge on the mandate, because without the mandate, "individuals could wait until they become sick to purchase insurance, thus driving up premiums for everyone else".

The main trade association for health insurers came out strongly against the administration's position. For starters, it's pretty rare for the DOJ (under any party's control) to come out against an existing USA law since it's generally in the business of trying to defend the law's constitutionality. In the legal filing, the Department of Justice argues in favor of invalidating protections for those Americans with pre-existing conditions. "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", AHIP said in a statement.

Djokovic's opponent insists he must be dreaming after stunning French Open upset
The Serbian, who is not committed to any event before The Championships, commented: 'I don't know if I'm going to play on grass . Cecchinato was found guilty of match-fixing in 2016 but his suspension was overturned by the Italian Olympic Committee.

"Final resolution of this case will take time, given that the litigation is in its preliminary stages at the district court, and any ruling will be subject to appeal".

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