AG JENNINGS SUES TO BLOCK TRUMP ADMINISTRATION'S ATTEMPTS TO HIKE HEALTH INSURANCE PRICES AND UNDERMINE ACA

The following information was released by the State of Delaware:

Attorney General Kathy Jennings today joined a coalition of 19 attorneys general and the Governor of Pennsylvania in filing a lawsuit in the U.S. District Court for the Northern District of California to challenge a federal rule that once again illegally undermines the Affordable Care Act (ACA) and would make health insurance both more expensive and more difficult to obtain for millions of Americans.

The lawsuit seeks to block provisions of the U.S. Department of Health and Human Services' (HHS) and Centers for Medicare and Medicaid Services' (CMS) 2027 Notice of Benefit and Payment Parameters, a federal rule that sets standards for health plans offered in 2027 and was opposed by the coalition in a March 2026 comment letter. Among other harmful changes, the rule expands eligibility for catastrophic health insurance plans that are ineligible for premium tax credits, offer only limited coverage, and can leave consumers facing significantly higher out-of-pocket costs than standard ACA plans. The rule also allows catastrophic and bronze plans to exceed ACA limits on maximum annual out-of-pocket costs, increasing the financial burden on consumers, and attempts to reinstate several provisions that a federal court recently found to be unlawful. The coalition argues these and other provisions unlawfully undermine the ACA's goal of expanding access to affordable healthcare by increasing costs, reducing enrollment, and shifting financial burdens onto consumers, states, and healthcare providers.

It is outrageous and cruel, though sadly unsurprising, that the Trump Administration is once again trying to undermine the Affordable Care Act and make health insurance even more expensive for the American people," said Attorney General Kathy Jennings. "It is no secret that a huge proportion of Americans struggle to pay for health insurance as it is- if they can afford it at all. We will continue to fight, as many times as it takes, to safeguard American's right to affordable care."

Congress enacted the ACA to expand access to affordable health insurance, and more than 23 million Americans currently receive coverage through its marketplaces. Today's lawsuit follows the coalition's challenge to the Trump Administration's similar 2025 ACA Marketplace rule. The U.S. District Court for the District of Massachusetts recently held a hearing on the parties' cross-motions for summary judgment in that case, with a final decision expected at a later date. In related litigation, a federal court last month vacated several provisions of the Administration's 2025 rule including provisions at issue in this case after finding that they violated the Administrative Procedure Act. The Administration's new rule setting standards for 2027 health plans bring back many of the same provisions and adds new changes that further undermine the ACA. HHS estimates the new rule will cause two million people to lose coverage in 2027 alone and a total of five million by 2030.

In today's lawsuit, the coalition argues that the new rule:

Reimposes provisions that a federal court has already vacated including additional income verification requirements and penalties for consumers who do not complete tax-credit paperwork without addressing the court's legal concerns.

Unlawfully expands eligibility for catastrophic health plans, which cover very little and leave consumers with huge out-of-pocket costs, beyond the limits established by Congress in the ACA.

Unlawfully allows catastrophic and bronze plans to exceed ACA limits on maximum annual out-of-pocket costs.

Will increase costs, reduce enrollment, and shift financial burdens onto consumers, healthcare providers, and states.

Was adopted without adequate explanation or a meaningful response to the coalition's comments, making it arbitrary and capricious under the Administrative Procedure Act.

Joining AG Jennings in this lawsuit are the attorneys general of California, New Jersey, Arizona, Colorado, Connecticut, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia, Washington, and Wisconsin, as well as Pennsylvania Governor Josh Shapiro.