The Department of Justice yesterday told a federal court that it would no longer defend key provisions of the Affordable Care Act, including ones that require individuals to have health insurance and protect consumers with pre-existing medical conditions. The DOJ filing is in a lawsuit brought by 20 Republican-led states in February. The lawsuit, which was filed in Texas, asks the court to declare the ACA unconstitutional because the recently-enacted Tax Cuts and Jobs Act repealed the tax penalty enforcing the ACA’s individual mandate. The individual mandate repeal takes effect next year. Yesterday’s DOJ brief said the individual mandate was unconstitutional and that the protections for people with pre-existing conditions were inseparable from the individual mandate, so those protections also must be struck down. The DOJ brief said other ACA provisions could remain in place. Sixteen Democratic-led states yesterday filed a brief defending the ACA. The AHA and other national hospital associations next week will file an amicus brief in support of the ACA’s continued vitality. “As it stands today, the individual mandate is clearly severable from the rest of the Act,” said AHA General Counsel Melinda Hatton. “Ruling otherwise and striking down the entire ACA would devastate this nation’s hospitals and health systems and the patients they serve. Nothing requires that catastrophic result.”

Related News Articles

Headline
The Centers for Medicare & Medicaid Services April 22 finalized rules intended to improve access in both the Medicaid fee-for-service and managed care…
Headline
The Centers for Medicare & Medicaid Services April 19 approved an amendment to a Massachusetts Medicaid and Children’s Health Insurance Program…
Headline
Department of Health and Human Services Deputy Secretary Andrea Palm addressed AHA Annual Membership Meeting attendees about the Administration’s work to…
Headline
Three retiring members of Congress — Brad Wenstrup, R-Ohio, Larry Bucshon, R-Ind., and Dan Kildee, D-Mich. — engaged in a genial conversation that covered the…
Headline
In a statement submitted April 16 to the House Committee on Education and the Workforce Subcommittee on Health, Employment, Labor, and Pensions for a hearing…
Headline
One in five Medicaid enrollees have been disenrolled since continuous coverage ended last March, a quarter of whom remain uninsured, according to a poll…