Source: American Academy of Family Physicians
The Trump administration told a federal court recently that it would no longer defend provisions of the Affordable Care Act (ACA) aimed at protecting consumers with pre-existing medical conditions (Source: “Justice Department Says Crucial Provisions of Obamacare Are Unconstitutional,” New York Times, June 7, 2018). In a court case filed by Texas and 19 other states, the U.S. Department of Justice said in a brief on June 7 that the requirement for people to have insurance “the individual mandate” was unconstitutional.
On June 9, the American Academy of Family Physicians responded with the American Academy of Pediatrics, the American College of Obstetricians and Gynecologists, the American College of Physicians, the American Osteopathic Association and the American Psychiatric Association in issuing a joint statement that reads as follows:
Our organizations, which represent a combined membership of more than 560,000 physician and medical student members are concerned about the U.S. Department of Justice’s decision to not defend the constitutionality of existing laws that extend patient protections to individuals in insurance markets as part of Texas v. United States. The elimination of these protections could result in millions of people facing limited access to health care coverage and higher cost as a result of insurers being allowed to return to discriminatory coverage and pricing practices.
Our organizations disagree with the U.S. Department of Justice’s decision not to defend the protections established by the ACA that prohibit insurance companies from denying or discontinuing coverage for individuals with pre-existing conditions or other factors such as gender or race.
As physicians who provide a majority of care to individuals for physical and mental conditions, we can speak clearly that these insurance reforms and protections are essential to ensuring that the more than 130 million Americans, especially the more than 31 million individuals between the ages of 55 and 64, who have at least one pre-existing condition are able to secure affordable health care coverage.
We strongly urge the U.S. Department of Justice to reconsider its decision in Texas v. United States and that we all seek policy solutions that increase access to affordable health care that provides all individuals, regardless of their gender, race, and health status, reasonable protections against discrimination in coverage and pricing.
A definitive court ruling could be months away and appeals of any decision could take many more months, during which the law is likely to stay in effect.
The U.S. Supreme Court upheld the individual mandate in 2012 as an exercise of the government’s power to tax. But since Congress repealed the tax last year, the mandate and the law’s consumer protections can no longer be justified, the U.S. Department of Justice said.