Health Care

Trump's Midterm Gift To Dems: A War On Pre-Existing Condition Protections

Trump's Midterm Gift To Dems: A War On Pre-Existing Condition Protections”

Three attorneys for the government withdrew from the case just minutes before the Justice Department's filing in federal court in Fort Worth, Texas, which signaled an internal rift within the administration over its role in defending USA law, according to University of Michigan Law Professor Nicholas Bagley. It also said that provisions shielding people with medical conditions from being denied coverage or charged higher premiums and limiting how much insurers can charge older Americans should fall as well.

The long-shot lawsuit argues that because Republicans repealed the ACA's individual mandate penalty as part of their tax overhaul, all of the remaining law is unconstitutional.

Texas and other Republican-led states are suing to strike down the entire Affordable Care Act, while California and other Democrat-led states want to protect the law, the AP reported.

These consumer protections proved enormously popular with Americans and are among the reasons why efforts to repeal Obamacare in Congress failed a year ago.

The comments from America's Health Insurance Plans (AHIP) come a day after the U.S. Justice Department called Obamacare's individual mandate - which requires individuals to have health insurance or pay a penalty - unconstitutional.

Attorney General Jeff Sessions said in a letter to Congress on Thursday that Trump, who campaigned on repealing the law and almost did so his first year in office, approved the legal strategy.

The Justice Department rarely declines to argue in favor of existing law in court and this decision will put pressure on the Affordable Care Act, the formal name for former President Barack Obama's signature domestic achievement. "The brief filed by the Trump Administration yesterday represents a shocking break from precedent, and relies on legally dubious, partisan claims to argue against the constitutionality of the current law", they said in a joint statement.

Shortly before the government's court filing, three career lawyers at the Justice Department withdrew from the case and were replaced by two political appointees, according to court filings.

Nevertheless, the Justice Department's position did not go quite as far as the Texas suit.

Some experts have said that regardless of how the case is decided, insurers could raise premiums for next year due to the uncertainty the case is causing, a point echoed by the Democrats.

"The question is, what does this do to insurance markets now?" said Jost.



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