Justice Dept. Declines to Defend Some Key ACA Provisions

11 June, 2018, 16:31 | Author: Homer Porter
  • The Trump administration is calling a key part of Obamacare that protects individuals with pre-existing conditions unconstitutional

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

The Trump administration delivered an early midterms present to Democrats Thursday night when the Justice Department made a decision to side with 20 GOP states in a lawsuit seeking to gut the core protections of the Affordable Care Act for people with pre-existing conditions.

One Utah health advocacy group warned Friday that the move could have negative financial consequences for hundreds of thousands of Utahns with pre-existing health conditions. Although the challengers had suggested that "a chain reaction of failed policymaking" would occur once the mandate was invalidated, the government lawyers said that the challengers could not show that striking down the mandate and the closely-tied coverage clauses "means that the ACA necessarily ceases to implement any coherent federal policy".

"The DOJ has now acknowledged the problems with the statute".

Administration officials at the departments of Health and Human Services and Treasury would not comment, instead pointing to the Justice Department filing, which said other parts of the health law would continue to stand, including its Medicaid expansion covering about 12 million low-income people.

In a filing in a federal trial court in Fort Worth, Texas, government lawyers urged the judge not to act immediately to bar enforcement of the mandate, saying it won't actually be unconstitutional until the tax penalty is set to expire on January 1 of next year. Now, of course, as I mentioned, the attorneys general say that the entire rest of the law is unconstitutional without that penalty for not having insurance.

The Justice Department wants the Texas court to hold that the ACA individual mandate is essential to the ACA "community rating" system, or medical underwriting restrictions. But it does certainly raise the prospect of a court decision that would say there could be no more protections for people with preexisting conditions.

It is unusual for the Justice Department to refuse to defend existing law in court challenges.

Supreme Court ruled that opponents of the ACA individual coverage mandate could not win a preliminary injunction blocking the mandate, because the ACA individual mandate was a tax, and a federal law prohibits parties from seeking preliminary injunctions to block new federal taxes. United States argue that this rationale, such as it was, no longer applies because Congress reduced the tax-penalty to zero previous year. "That change eliminated the basis for the court's decision to uphold the ACA's constitutionality". Rather, in the brief, the Justice Department says that only the section of the law dealing with the individual mandate is unconstitutional.

The administration said it agrees with Texas.

NY was one of 17 states to intervene in the case in May in defense of the ACA.

French Open 2018: Muguruza dumps Sharapova to reach semis
Nadal lost the opener 6-4 against 11th-seeded Diego Schwartzman but began to play better after a rain delay of just under an hour. But this gesture towards her coach Darren Cahill was more than a celebratory pose, it was a sign that this was 'the new Simo'.

The Trump administration's decision not to defend the Affordable Care Act in federal court in Texas on Thursday provides the latest challenge for NY insurers and regulators.

"However, it's not surprising they've chosen not to, because of (their) consistent efforts.to undermine the ACA", Stanford told the Deseret News.

In addition, Levitt said, a court ruling that struck down the preexisting conditions protections could cause premium subsidies that the vast majority of ACA customers receive to come unglued.

According to a 2016 analysis by the Kaiser Family Foundation, approximately 52 million Americans under the age of 65 could find their access to health insurance at risk because of a wide range of pre-existing conditions, from diabetes to cancer to pregnancy.

The same report estimates 391,000 Utahns have pre-existing conditions that could affect their coverage eligibility.

Mr. MacArthur said it would be hard for Congress to revisit the brutal health care fight, although it's unclear if the lawsuit will get "any legs under it". "The pre-existing condition protections are extremely popular on both sides of the aisle".

"There's some hope that they will prevail", Stanford said.

Sen. Susan Collins, R-Maine, who voted against the Republican repeal bills in the Senate a year ago, also expressed concern about the administration's new push, saying it "creates further uncertainty that could ultimately result in higher costs for millions of Americans and undermine essential protections for people with pre-existing conditions, such as asthma, cancer, heart disease, arthritis and diabetes".

Senate Democrats have vowed to make health care policy a priority this summer, as they gear up for midterm elections this November. "But to have one without the other doesn't make any sense".

Attorney General Jeff Sessions claimed it's "because otherwise individuals could wait until they become sick to purchase insurance, thus driving up premiums for everyone else".

Recommended:

  • Forza Horizon 4 Screenshots Show Off the United Kingdom

    Forza Horizon 4 Screenshots Show Off the United Kingdom

    This differs from the current "Ready to Start" system because FastStart uses machine learning based on how gamers play each game. As expected, Forza Horizon 4 was announced by Playground Games during Microsoft's E3 2018 press conference today.
    US soldier killed, 4 wounded in attack in Somalia

    US soldier killed, 4 wounded in attack in Somalia

    The coalition force was conducting a "multi-day operation" to clear al-Shabaab, an Islamist militant group, from nearby villages. Al-Shabab militants launched a deadly attack on USA and Somali forces Friday, hitting them with explosives and heavy gunfire.
    Nadal's match with Schwartzman is postponed until 12.00PM on Thursday

    Nadal's match with Schwartzman is postponed until 12.00PM on Thursday

    Marin Cilic and Juan Martin del Potro were locked at 5-5 in a first-set tie-break when their quarter-final was suspended. Nadal patted Marterer sympathetically on the chest at the net after winning on his second match point.
  • Manafort calls new obstruction charges 'dubious'

    Manafort calls new obstruction charges 'dubious'

    Read on for a look at Manafort's work with the Trump campaign and how he is connected to the Russian Federation investigation. The charges mark the second time since his October indictment that Manafort has faced additional criminal charges.
    The Internet Reacts To Bethesda's E3 Conference

    The Internet Reacts To Bethesda's E3 Conference

    Meanwhile, Fallout Shelter will have a release on the PlayStation 4 and Nintendo Switch - and its going to come out later today. It should be noted that by signing up on the website, you will get a free chance at playing the Fallout 76 beta .
    Ranking LeBron James’ best landing spots for the Boston Celtics

    Ranking LeBron James’ best landing spots for the Boston Celtics

    The Cavaliers are 8-1 at home in this year's playoffs, losing only in their first-round opener against Indiana. "I'm not suprised. James defended Curry after Trump blamed him for the disinvitation, tweeting: "U bum". " LeBron is too great of a player .
  • Why the Trump-Kim summit matters to these Australians

    Why the Trump-Kim summit matters to these Australians

    During a press conference this week, Trump also suggested that he could invite Kim to the US if the June 12 summit goes well. "I think I'm very well prepared - I don't think I have to prepare very much", Trump said at the White House on Thursday.
    Emmanuel Macron Does Not Want to Discuss Trump’s Sausage

    Emmanuel Macron Does Not Want to Discuss Trump’s Sausage

    Such a move towards separate talks would come at a tense time in United States trade relations with the two countries. Today, the U.S.is the only country in the world that is not part of the accord, after Syria joined in November .

    Kudlow: Trump Is 'Seriously Contemplating' Separate Trade Deals with Mexico and Canada

    In theory, taxing items coming into the country (imports) makes people less likely to buy them as they become more expensive. The U.S. has been in trade negotiations with Mexico and Canada for months over the North American Free Trade Agreement.
  • Buy Amazon Echo Look without an invite

    Buy Amazon Echo Look without an invite

    The new device can also do typical Alexa tasks, such as playing "Jeopardy!" or fetching the weather, even when the TV is off. The Cube can control a set up with the support of HDMI-CEC provided that the other devices support that standard.
    WinView Games Playbook: Capitals vs. Golden Knights - June 7

    WinView Games Playbook: Capitals vs. Golden Knights - June 7

    Alex Ovechkin leads Washington with 14 goals, Evgeny Kuznetsov has 19 assists and Nicklas Backstrom has 34 shots on goal. The total has also gone under in seven of the Golden Knights' last seven games against Eastern Conference teams.
    Tesla accelerated, didn't brake ahead of fatal crash

    Tesla accelerated, didn't brake ahead of fatal crash

    The Tesla's driver was found belted in his seat and bystanders removed him from the vehicle before it was engulfed in flames. It hit the divider at that speed without braking or making any evasive steering maneuvers, according to the NTSB report.


Popular

Harry and Meghan's first overseas tour revealed
A LIP-READING expert has revealed what she believes Meghan told Prince Harry on the Buckingham Palace balcony. Prince Philip was not in attendance, and neither was William and Kate's newborn son, Prince Philip.

Chinese President Xi Awards Putin Friendship Medal, Pledges Support
He said the Chinese president was the only state leader to have celebrated his birthday with him, with the pair sharing vodka and sausage.

Backstage News on CM Punk's UFC Fight Tonight
However, Whittaker posted to Twitter following the weigh-in, with his message all but confirming his intention to fight Romero. New Zealand-born Whittaker beat Romero by split decision at UFC 225 , after the Cuban failed to make the weight limit.

Belmont Stakes 2018 Payouts: Win, Place, Show Results For 150th Race
Smith finally had experienced the once-in-a-lifetime feeling Espinoza carries forever with him from the day he made history. But it would be 37 years before the Baffert-trained American Pharoah would become the 12th Triple Crown victor in 2015.

NSA John Bolton Held Out of North Korea Talks by White House
Sentosa is home to palm-fringed beaches, tourist sites and some of the best golf courses in Asia and Universal Studios Singapore . DPRK is short for the Democratic People's Republic of Korea, the formal name of North Korea .

Cristiano Jr scores assisted by Ronaldo
Neither match featured Cristiano Ronaldo , who may actually see the field for the first time since winning the Champions League with Real Madrid in this one.

Belmont celebrates its 150th running as Justify looks for Triple Crown
For what it is worth, the National Weather Service is forecasting a 50 percent chance of showers Saturday for Belmont Park. Good Magic did that in the Preakness and Mike Smith, the jockey of Justify , felt Bravazo and Tenfold closing at the wire.

Kaala Released In Bengaluru Despite Protests - Rajinikanth’s Star Power!
On realising that it was not possible to shoot in Mumbai's Dharavi, the makers recreated Asia's second largest slum in Chennai. Several pro-Kannada groups have also warned theatres not to screen the film if they want to avoid any untoward incident.

Much Ado About Martian Organics
Methane is also quickly broken down by ultraviolet radiation, so any of the gas discovered on Mars was probably released recently. We also know that Mars was once warmer and had a denser atmosphere, important requirements for life as we know it.

Trump, Canada tariffs: States that would lose the most exports
Following this, Canada filed a complaint at the WTO over Trump's tariffs. "But we see no sign of that in this action today". It sells the USA more steel and aluminum than anyone else, in part because of deeply integrated auto and defense sectors.