While we can't be sure what's next for the ACA, we know that many will continue to defend its constitutionality.
In case you missed it, the Fifth-Circuit Court on Wednesday issued its much-anticipated ruling on the constitutionality of the ACA's individual mandate. The decision was something of a mixed bag: While the court upheld an earlier decision striking down the individual mandate as unconstitutional now that the penalty has been set to zero, they remanded the question of whether that means the entire ACA should be declared void back down to the district court.
The lack of a "severability provision," many argue, means that if any element of the ACA is found unconstitutional, the entire law must go. But such a decision would bring instant chaos to the health insurance marketplace.
While we can't be sure what's next for the ACA, we know that many will continue to defend its constitutionality. Many of the attorneys general involved in its initial defense issued statements to that effect, and industry groups also came out in continued support of the law. Here's just a small roundup of reactions:
|The Association of Health Insurance Providers (AHIP):
"We had hoped the appeals court would have ruled outright that the entire ACA is valid, rather than returning the case back to the district court. The district court's original decision to invalidate the entire ACA was misguided and wrong – and if the district court reaches the same conclusion as before, it will be misguided and wrong again.
"The good news is today's decision will not affect anyone's coverage or care for the foreseeable future. Patients will continue to be covered for the care they need. We will continue to engage throughout the legal process. Health insurance providers remain committed to continuing to serve all of their members, and to strengthening affordability, access and choices for every American."
|Blue Cross Blue Shield:
"We believe the path to more affordable coverage and accessible health care begins with improving the Affordable Care Act (ACA), and actions to weaken it are misguided. The 2010 reforms to the individual market have made insurance coverage available to millions who were previously uninsured and extended an array of new benefits and consumer protections to people no matter what kind of coverage they have. The individual market is currently working and should not be disrupted. We need to improve this market, building on what we have today to make it better. We should strengthen it so that premiums are more affordable and more Americans can gain coverage, putting us on the path to universal coverage.
"The court's ruling today is another disappointing step in an already lengthy legal process. We will continue to work with lawmakers on a bipartisan basis to ensure that all Americans can access the consistent, quality health coverage they need and deserve."
|Dean Ungar, vice president at Moody's Investors Service:
"A federal appeals court ruled that the Affordable Care Act (ACA) individual mandate is unconstitutional, but did not strike down the whole law. Instead, it asked the lower court to determine which parts of the law can remain and whether it applies nationwide. This is credit negative for US health insurers because the uncertainty will continue, likely beyond the 2020 presidential election."
|Main Street Alliance executive director Amanda Ballantyne:
"The Texas v. US decision is a threat not only to the millions of people living with pre-existing conditions but also to small business owners struggling to provide their employees and families with affordable care. To declare the individual mandate unconstitutional and send the ACA back to the district court will continue to directly impact millions of small business owners, their employees and their families.
"Main Street Alliance and the small businesses owners that make up our network are calling on our elected officials to protect people with pre-existing conditions and deliver affordable care to all."
|California Attorney General Xavier Becerra:
"California will move swiftly to challenge this decision because this could mean the difference between life and death for so many Americans and their families,"
|Washington Attorney General Bob Ferguson:
"We will keep fighting in the courts to protect Washingtonians' access to affordable health care."
|Virginia Attorney General Mark R. Herring:
"This case should have been laughed out of court years ago, but instead, Americans will have to continue living in fear that the Trump Administration and its allies could rip away their health care, end protections for preexisting conditions, and drive up health care costs for everyone. This fight is far from over, and I promise I will do all I can to protect Virginians' health care from these dangerous, ideologically-motivated attacks."
Complete your profile to continue reading and get FREE access to BenefitsPRO, part of your ALM digital membership.
Your access to unlimited BenefitsPRO content isn’t changing.
Once you are an ALM digital member, you’ll receive:
- Breaking benefits news and analysis, on-site and via our newsletters and custom alerts
- Educational webcasts, white papers, and ebooks from industry thought leaders
- Critical converage of the property casualty insurance and financial advisory markets on our other ALM sites, PropertyCasualty360 and ThinkAdvisor
Already have an account? Sign In Now
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
Emily Payne
Emily Payne is director, content analytics for ALM's Business & Finance Markets and former managing editor for BenefitsPRO. A Wisconsin native, she has spent the past decade writing and editing for various athletic and fitness publications. She holds an English degree and Business certificate from the University of Wisconsin.
