Republicans in Court to Eliminate Pre-Existing Conditions Protections But Have No Plan to Replace Those & Other Benefits

With a decision expected any day in the reckless GOP lawsuit to tear down health care protections for millions of Americans, Republicans still have no plan to protect coverage for people with pre-existing conditions — a “huge vulnerability” that will drag down weak incumbents in key Senate battlegrounds next year.

Every Senate Republican voted for the corporate tax giveaway that made this lawsuit possible, and they have refused to take a stand against this suit even as it threatens to gut their constituents’ care. Instead, vulnerable incumbents are staying silent on their toxic health care record and hoping they can delay the consequences of this dangerous lawsuit they helped bring about “until after the 2020 election.” 

“We’ve known Republicans don’t have a plan to protect their constituents’ care, and that failure makes their lawsuit to tear down protections for pre-existing conditions coverage and other essential benefits all the more reckless,” said DSCC spokesperson Stewart Boss. “GOP Senators have voted to repeal the health care law, they enabled the current lawsuit, and they will not stop until they’ve dismantled these protections — and voters will hold them accountable.”

IN CASE YOU MISSED IT

Washington Post: The Health 202: Congress couldn’t get the top Obamacare chief to detail what happens next if the law’s struck down

• President Trump’s top Obamacare chief refused to tell Congress yesterday how the administration would replace the landmark 2010 health-care law should a federal appeals court knock it down in the coming weeks.

• Seema Verma, administrator of the Centers for Medicare and Medicaid Services, instead had a single line ready every time a Democrat on the House Energy and Commerce oversight subcommittee pressed her for details on what would happen to the millions of Americans who have obtained coverage under the Affordable Care Act and benefited from its consumer protections.

• “The president has made clear we’ll have a plan in action to make sure Americans have access to affordable coverage,” Verma told member after member

• A decision is expected any day now from the U.S. Court of Appeals for the 5th Circuit, although any ruling is likely to be stayed as the losing side appeals to the Supreme Court. While the administration has worked on some ideas to replace the ACA, those are far short of the sweeping actions Congress would need to take to prevent millions of Americans from being affected.

The Hill: Trump health chief declines to detail ObamaCare replacement plan

• One of President Trump’s top health officials on Wednesday repeatedly declined to detail the administration’s plan if a court rules ObamaCare is unconstitutional.

• But under questioning from House Democrats, Verma declined to be more specific. 

• A federal appeals court is poised to rule in the coming days or weeks whether to uphold a lower court’s ruling that the entire law is unconstitutional. 

• The lawsuit was originally brought by a coalition of conservative state attorneys general, and is backed by the administration. The administration has argued the entire law, including its protections for people with pre-existing conditions, should be struck down.

CBS News: Trump official dodges questions on Obamacare at tense oversight hearing

• In her first appearance before a Democratic-led House committee, Seema Verma, the head of the agency that oversees the implementation of the Affordable Care Act, spent hours dodging questions about the current and future state of the U.S. health care system.

• Lawmakers grilled Verma, the administrator of the Centers for Medicare and Medicaid Services, on the future of Obamacare, the landmark 2010 law whose fate remains uncertain. Although the executive branch typically defends federal laws in court, the Trump administration earlier this year joined a lawsuit brought by Republican state attorneys general that seeks to strike down the law.

• The title of Wednesday’s hearing before the oversight subcommittee of the House Energy and Commerce Committee set a tense tone. It was called “Sabotage: The Trump Administration’s Attack on Health Care.”

• The ACA pushed the number of Americans with health coverage to historic highs. But since President Trump took office, his administration and Republicans in Congress have made a series of changes that undermine the law, such as repealing the individual mandate that required people to have health insurance, limiting the amount of time people who have to sign up for health care, drastically cutting the budget for Obamacare outreach and allowing states to enact work requirements as a condition of Medicaid eligibility. 

• As a result, the number of uninsured Americans rose in 2018, the first increase in 10 years. An additional 1.9 million people, including nearly half a million children, became uninsured last year, according to a Census Bureau report in September.

• DeGette also asked Verma if the Trump administration has a contingency plan to protect people with preexisting conditions, considering Obamacare required insurers to cover them. Verma refused to answer, telling DeGette she was “not going to get into any specifics of the plan.”

Read more:

• New York Times: How Pending Decision on Obamacare Could Upend 2020 Campaign
• AP-NORC Poll: Democrats are trusted more on health care
• Gallup Poll: Healthcare Costs Top Financial Problem for U.S. Families
• The Hill: Graham promises ObamaCare repeal if Trump, Republicans win in 2020
• POLITICO: Republicans ready to dive off a cliff on Obamacare
• Washington Post: Trump administration plans to delay any changes if the ACA loses in court
• HuffPost: Republicans Have No Plan If Obamacare Is Struck Down. Some Don’t Think It’s Even Possible.
• Washington Post: 5th Circuit decision on ACA could create political havoc for GOP
• CNN: Obamacare’s fate will be at stake at 2020 ballot box as well as in court
• Washington Post: With the Affordable Care Act’s future in doubt, evidence grows that it has saved lives
• ABC News: Trump creates fresh health care mess for GOP
• The Hill: Trump’s health care focus puts GOP on edge
• HuffPost: Vulnerable Republicans Who Backed Obamacare Repeal Aren’t As Fired Up About It Now

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