3 Facts on the GOP’s Lawsuit Against Pre-Existing Conditions Protections


Republicans Already Trying to Use Courts to Slash Coverage & Spike Costs

The GOP lawsuit against the ACA could make protections for pre-existing condition coverage unconstitutional. It’s one part of a strategy to sabotage the health care system, leaving Americans to pay more if they can afford coverage at all and jeopardizing care for those who need it. Here are the facts:

1. Employer-Provided Plans At Risk

If the GOP lawsuit is successful, it could impact employer-provided plans. From the Wall Street Journal:

  • Most of the attention surrounding a recent Justice Department request to strike down parts of the ACA has focused on the individual market, where people buy their own coverage. But the request would also rewind some protections for the vast majority of Americans—some 175 million people—who get health coverage via small and large employers, analysts said.

  • If the courts toss some ACA provisions linked to the insurance-coverage mandate, elements of the requirements that also apply to employer plans would likely be halted or reversed as well, analysts said.

  • That means employers would again be able to impose lengthy waiting periods for health coverage on new hires. Currently they are unable to lock workers out of health insurance for longer than 90 days when they take a new job.

2. Health Care Experts Are Against the Lawsuit

Hospitals, doctors and other experts filed amicus briefs against the lawsuit and oppose the Justice Department’s stunning decision to not to defend the existing law. From Axios:

  • Several new amicus briefs yesterday criticized the initial lawsuit, which aims to invalidate the entire ACA, as well as the Justice Department’s call to end the law’s protections for people with pre-existing conditions.

  • DOJ’s decision to put pre-existing conditions back on the chopping block has elevated this case’s political profile in a serious way — and there are a lot more people lining up against DOJ than behind it.

  • Hospitals: “Plaintiffs should not be allowed to get through this Court — repeal of the entire ACA through the backdoor of severability — what they could not get through Congress. And make no mistake: This case is but one of a multi-front battle that Plaintiffs are waging against the ACA.”

  • Doctors: “The outcome that plaintiffs seek would do violence to multiple precepts that guide and limit the exercise of the judicial power.”

3. Not a single Republican Senate candidate denounced this lawsuit.

The next time you hear any Republican Senate candidate talk about pre-existing conditions – ask them about this lawsuit to make protections for coverage for pre-existing conditions unconstitutional. You won’t hear them denounce it. In fact, Josh Hawley (MO), Patrick Morrisey (WV) and Rick Scott’s (FL) Attorney General are all parties to it.


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