Tuesday, 14 August, 2018

Trump justice department will stop defending key parts of Obamacare

MIAMI FL- FEBRUARY 05 Ariel Fernandez sits with Noel Nogues an insurance advisor with Uni Vista Insurance company as he signs up for the Affordable Care Act also known as Obamacare before the February 15th deadline Trump justice department will stop defending key parts of Obamacare
Gustavo Carr | 09 June, 2018, 15:42

Sessions defended the unusual decision in a June 7 letter to Speaker of the House Paul Ryan.

"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 first, known as guaranteed issue, requires insurers to offer coverage to everyone regardless of their health background.

Since Congress repealed the penalty for not having insurance in its tax reform package past year, much of the rest of the insurance statute becomes unconstitutional in 2019 and must be "struck down", attorneys for the Justice Department said in a court filing Thursday. Last year, Congress repealed the tax associated with the penalty, effective 2019.

Removing consumer friendly provisions like guaranteed issue, whereby health insurers can not deny coverage to applicants or charge more based on health status, will result in renewed uncertainty in the market as well as push up rates for older and sicker patients, AHIP added.

But it said the rest of the law, including Medicaid expansion, can remain in place.

In many ways, the lawsuit, filed in February, is a replay of the politically divided litigation that ended with the USA supreme court upholding the healthcare overhaul in 2012.

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I'm sure it would have been nice for Steph to win the MVP, but honestly, I don't think he's that disappointed at this point". He plopped down in a chair and draped a towel over his broad shoulders, looking like a boxer on a corner stool.

On Thursday night, the DOJ declined to defend ObamaCare against a lawsuit filed by Texas and 19 other GOP-led states, arguing that the law is unconstitutional.

The major difference is that the Justice Department under President Donald Trump has largely switched sides.

"I find it impossible to believe that the many talented lawyers at the department could not come up with any arguments to defend the ACA's insurance market reforms, which have made such a difference to millions of Americans", Verrilli said. The DOJ in fact sided in large part with the states, arguing that the law's protections for people with pre-existing conditions should be invalidated.

"Justice Department attorneys don't withdraw from cases simply because the government is making an argument the lawyers think the courts should or would reject", he said.

"It's just one more part of the story of trying to politicize the Justice Department", said Jost, a supporter of the health law.

The mandate introduced with Obamacare, the popular name for the Affordable Care Act (ACA), was meant to ensure a viable health insurance market by forcing younger and healthier Americans to buy coverage.