Health care sector roils after ACA court ruling

HABesen  Getty Images

HABesen Getty Images

"We'll be able to get great health care", Trump said Saturday during an unannounced visit to Arlington National Cemetery, where a "Wreaths Across America" holiday wreath-laying event was under way. The opinion is likely to be appealed, and the final decision may ultimately lay with the US Supreme Court. It has "no impact to current coverage or coverage in a 2019 plan", Seema Verma, administrator for the Centers for Medicare and Medicaid Services, said on Twitter.

The ruling by US District Judge Reed O'Connor found that because the tax cut passed by congressional Republicans in 2017 invalidated the ACA's "individual mandate", the remaining provisions of the law are unconstitutional.

Rovner says people should act as if the ACA is still in place, but the ruling opens a possibility for "an enormous disruption".

But if the latest legal challenge to ObamaCare ends up before the Supreme Court, the outcome is far from certain. O'Connor was appointed to the federal bench by President George W. Bush. In fact, Republicans just spent a majority of the 2018 midterm election cycle affirming their support for protections for pre-existing conditions.

Democrats tried and failed to force a vote on the Manchin proposal in August, and a Manchin unanimous consent request to call up and pass the measure n September 5, faced objection.

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Democrats weren't the only ones to criticize the decision. "No protecting preexisting conditions, kids staying on their parent's insurance until they are 26 years old - a very popular protection - medicaid expanded for millions of Americans".

The Texas judge agreed.

Nineteen states, including Texas, and consumers then filed suit contending that the revised law was unconstitutional because the individual mandate was so integral to the law that it could not function without it. "To find otherwise would be to introduce an entirely new regulatory scheme never intended by Congress or signed by the president".

Former President Obama also weighed in on the issue, according to Fox News, reiterating to potential Obamacare enrollees that the law has not been struck down for good, and that he believes the Affordable Care Act will survive the appeals process. "Now we have a judge saying we have an unenforceable mandate". Without the federal tax credits, insurance would become unaffordable for many Americans and being a woman could once again be considered a pre-existing condition. As of December 8, 4.1 million people had chosen plans through the federal-government run portal that 39 states use for enrollment. So about 12 million people who gained coverage could be left uninsured.

In his ruling, O'Connor reasoned that the body of the law could not be surgically separated from its now-meaningless requirement for people to have health insurance.

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California and Democratic officials in 14 states, along with the District of Columbia, won permission to defend the ACA in the Fort Worth case when the Trump administration sided with the states seeking to dismantle it.

On the defensive, Republicans campaigning this fall promised that they, too, backed the health law's protections for people with pre-existing medical conditions.

Hospital and health care stocks are being sold in the wake of a federal judge's Friday ruling that the Affordable Care Act is unconstitutional.

The ACA may be at top of mind for many of your employees right now, especially because this past Saturday was the deadline for individuals in most states to enroll in the law's insurance exchange program.

Sen. Bernie Sanders (I-Vt.), whose Medicare for All bill now has 15 co-sponsors in the Senate, demanded that O'Connor's ruling be overturned to protect the millions of people who rely on the ACA, and was among those who called for the country to "move forward" from battles over healthcare access-instead prioritizing the availability of government-sponsored healthcare for every American.

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