Medicine

Justice Department takes aim at heart of health law

Justice Department takes aim at heart of health law

"In particular, this decision could lead to insurers denying coverage to the 130 million Americans with pre-existing conditions".

While the case has to play out from here, the administration's striking position raises the possibility that major parts of the law could be struck down - a year after the Republican Congress failed at attempts to repeal core provisions.

In announcing the lawsuit back in February, Texas Attorney General Ken Paxton said, "The US Supreme Court already admitted that an individual mandate without a tax penalty is unconstitutional". President Trump has said he wants a repeal and replacement of the law.

Republished with the permission of the Associated Press. "I certainly do not believe the provision on preexisting conditions is unconstitutional". "I think that's a pretty essential pact with the American people", said MacArthur.

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

But Democrats were already pouncing. "But it's also political malpractice because you've handed us an issue we will ride into the sunset". Conservatives at the time accused the Justice Department of politicization.

Privately, some Republicans involved with midterm races expressed frustration at the move.

Dismantling the ACA could "push people into positions where they have to make decisions on whether they're going to get treatment or whether they're going to eat", said Charlie Quinn, CEO of RECAP, an Orange County nonprofit that provides social services. "Preexisting conditions is something everyone agreed we should keep". The companies were already nervous because of Congress's decision previous year to eliminate the penalty for going without health coverage.

Trump and fellow Republicans in Congress have sought to dismantle Obamacare, which sought to expand insurance coverage to more Americans. Republicans, in turn, were focused on calls by liberals such as Sen.

It's so foolish, in fact, that it could wind up making something like single-payer health care - gasp! - a reality.




Insurers are now in the midst of deciding whether to participate in the individual marketplaces created under the law in 2019 and, if so, what filing rates with state regulators will be. The possibility that a Texas judge could, at the administration's urging, wipe out this rule - with an inevitable appeal to higher courts - introduces a new source of instability that insurers detest.

These two provisions, which have proved extremely popular with Americans, forced major changes to the health insurance industry. It will lead to "renewed uncertainty in the individual market" and a "patchwork of requirements in the states" and make it more challenging to offer coverage next year. It is certainly clear that in zeroing out the individual mandate penalty in 2017, Congress did not mean to bar people with preexisting conditions from insurance. "As of 2019, therefore, the individual mandate will be unconstitutional under controlling Supreme Court precedent holding that 'the federal government does not have the power to order people to buy health insurance, '" the brief says.

Insurers face a more immediate quandary.

The states argue that after Congress eliminated the penalty for the individual mandate, effective in 2019, as part of last year's tax reform bill, it destabilized other sections of the law. "Insurers hate uncertainty, and they respond to it by hedging their bets and increasing premiums", says Larry Levitt, senior vice president at the Kaiser Family Foundation.

The president has backed new rules that would allow for an expansion of skimpier health plans that do not have to cover a full range of health benefits. United States is an unprecedented dereliction of duty by the Department of Justice (DOJ).

"The pre-existing condition thing is what the ads will be run on", said Blendon. The subsidies for each region within a state are based on a "community rating", which, in turn, takes into account the cost of covering healthy and sick customers.

The Justice Department argued the judge should strike down the section of the law that protects people buying insurance from being charged higher premiums due to their health history.

The Democrats further raised concerns that even if the Justice Department's arguments are unsuccessful, the administration's move could still "raise the cost of health care for most Americans, undermine the economy and weaken our democracy for years to come".

Linda Muller, president and CEO of Cornerstone Healthcare, the mid-Hudson's largest low-income health provider, said it would be disastrous if "an entire class of individuals with pre-existing conditions are targeted" by a federal decision not to support them.

ACA opponents argued even before the legislation creating the ACA was drafted that a mandate would be the equivalent of Congress requiring people who hate broccoli to buy broccoli.


  • No Evidence Of Foul Play In Anthony Bourdain’s Death

    No Evidence Of Foul Play In Anthony Bourdain’s Death

    Embassy in Paris said, "We can confirm the death of Anthony Bourdain in the Haut-Rhin department of France . Brash and opinionated, Bourdain had spoken openly about his past drug use and heroin addiction.
    Hey pancake lovers! IHOP is changing its name

    Hey pancake lovers! IHOP is changing its name

    The 60-year-old iconic pancake chain announced it's literally flipping its last acronym from "p" (pancakes) to a mystery "b". But for one corner of Twitter - Arabic speakers - the mysterious "b" actually made ideal sense.
    Assad ‘no longer immune’ from IDF attack, Netanyahu warns

    Assad ‘no longer immune’ from IDF attack, Netanyahu warns

    Trump and pull out of the Joint Comprehensive Plan of Action (JCPOA) on Iran. "The choice is obvious", he said, speaking at the London think tank Policy Exchange.
  • Release Date Confirmed for February 22, 2019 - Anthem

    Release Date Confirmed for February 22, 2019 - Anthem

    Kicking off E3 2018 is Electronic Arts with more information on its big games for 2018, including Battlefield V and Anthem . A demo has been shown, with it being played by two players, and it looks like a nice step forward from the original .
    Porsche Taycan: Mission E's production name revealed, here in 2020

    Porsche Taycan: Mission E's production name revealed, here in 2020

    That's an huge improvement over current electric vehicles and this should help to make the model more appealing to consumers. If you've even taken a close look at a Porsche emblem/crest, you've noticed the leaping steed that's been there since 1952.

    Trump trade fury torpedoes Canada’s G7 summit

    Trump stopped at the edge of the room and flashed a big smile in Trudeau's direction before continuing to his seat. Trump's departure from the G-7, Mr.
  • Every Nintendo Switch game announced at E3 so far!

    Every Nintendo Switch game announced at E3 so far!

    The company has also been a strong supporter of bringing its lineup to the Switch, with DOOM and Skyrim in the a year ago . And of those 10 seconds, we don't really see anything aside from a vast landscape - but boy does it look impressive!
    Canadian Grand Prix qualifying: Sebastian Vettel smashes track record

    Canadian Grand Prix qualifying: Sebastian Vettel smashes track record

    It was a very smooth session for us", Vettel said when asked in the paddock if Ferrari were tempted to match Red Bull's starting strategy.
    ICC overturns ex-Congo VP Bemba's war crime convictions

    ICC overturns ex-Congo VP Bemba's war crime convictions

    Bemba, the son of a businessman, became rich during years of close association with former Congolese leader Mobutu Sese Seko. However, the Appeals Chamber of the ICC ruled that he could not be held responsible for crimes committed by his troops.
  • Guardiola: Toure knows he’s spreading lies

    Guardiola: Toure knows he’s spreading lies

    The midfielder made just 10 appearances in the Premier League last season and before leaving the club after his contract expired. That, of course, opens the door to a potential cross-city move for Toure, who could join United and work under Jose Mourinho.
    Kim lands in Singapore ahead of high-stakes Trump summit

    Kim lands in Singapore ahead of high-stakes Trump summit

    Pope Francis said on Sunday he hoped a forthcoming summit in Singapore between Trump and Jong Un will lead to peace for Korea. Trump made the remarks after meeting Japanese Prime Minister Shinzo Abe to discuss the June 12 summit.
    Bethesda Brings The Elder Scrolls: Legends To Switch

    Bethesda Brings The Elder Scrolls: Legends To Switch

    Bethesda didn't reveal much about the beta aside from it being used to help them work on Fallout 76's multiplayer component. He also dropped a pretty big bomb (no pun intended there) by announcing that Fallout 76 will be an "entirely" online game.