Heitkamp: Oral Arguments in Politically-Charged Lawsuit a Critical Moment in Fight to Protect Affordable Health Care Coverage for North Dakota Families

Congressional Documents & Publications

Wednesday, September 5, 2018

ContactS Abbie McDonough/Connor Joseph, (202) 224-8898

Over 300,000 North Dakotans Have a Pre-Existing Condition; if Successful, Lawsuit Would Erode Vital Protections for Many of these Individuals

In July 2018, Heitkamp Helped Introduce a Resolution to Enable Legal Intervention to Protect Families with Pre-Existing Conditions

WASHINGTON, D.C. - U.S. Senator Heidi Heitkamp today attacked a politically-charged lawsuit filed in federal district court against critical consumer health care protections, such as the provision that protects coverage for over 300,000 North Dakotans with pre-existing conditions.

As the oral arguments in Texas v Azar in the U.S. District Court for the Northern District of Texas began today, Heitkamp panned the lawsuit as a deliberate attempt to make a political statement while gutting important health care protections. North Dakota is one of 20 states that helped file the lawsuit to remove provisions that help millions of individuals and families maintain affordable and reliable access to lifesaving health care.

This lawsuit--if successful-- could take away critical protections https://www.heitkamp.senate.gov/public/cache/files/a7a9092a-13b6-4013-b7d2-3f16629a1777/crs.pdf for North Dakotans with pre-existing conditions-- for both those in the individual market and those with employer-based health insurance. Additionally, this lawsuit could eliminate the right of children to stay on their parents' insurance plan until age 26, threaten Medicaid enrollees' coverage, and bring back lifetime and annual caps on coverage.

"Supporting this lawsuit means supporting taking away affordable coverage for those with pre-existing conditions-- it's that plain and simple. This lawsuit is nothing but a politically-charged effort to score cheap political points at the expense of the health of American families. If the lawsuit succeeds, North Dakota families would gain nothing, and they could soon find themselves in financial ruin with the inability to afford the health care they need," said Heitkamp. "As oral arguments begin today in Texas, I'm speaking out against this misguided lawsuit and the very real threat it presents to North Dakota's working families, elderly citizens, disabled persons, and individuals with pre-existing conditions. Across the state, I've heard from both patients and providers about their concerns related to the administration's efforts to eliminate health insurance protections, as well as this lawsuit. And while they agree that the health reform law was not perfect, they've pushed me to continue to offer tangible ways to make it work better for all North Dakotans--not to dismantle protections that make health care more affordable for a kid with asthma, a mom with diabetes, or a breast cancer survivor like me. I'll keep pushing back against this lawsuit, while fighting for bipartisan solutions that promote increased-- not reduced-- access to affordable, high quality care for all North Dakotans."

Last month, Heitkamp brought together North Dakota individuals, families, and children with pre-existing conditions https://www.heitkamp.senate.gov/public/index.cfm/press-releases'ID=C50BB2A0-F2B9-42A9-8140-AE312DA3281A to hear their stories and to understand the importance of continued access to affordable, reliable health care coverage. Click these links to watch Annelise from Bismarck, Kathryn from Mandan, and Amanda from Fargo tell their personal stories about how this lawsuit would harm them and the health care security of their families. Go to: https://medium.com/@SenatorHeitkamp/listen-to-north-dakotans-with-pre-existing-conditions-explain-why-affordable-health-coverage-is-so-1aaf51d22d4d to see more North Dakotans tell their stories.

Under current federal law, health insurers are prohibited from denying coverage or charging more for individuals with pre-existing conditions, such as asthma, diabetes, cancer, or pregnancy. In June, the U.S. Department of Justice (DOJ) announced that it will not actively defend vital health care protections in court. Immediately after the DOJ first announced its decision, Heitkamp pushed back https://www.heitkamp.senate.gov/public/index.cfm/press-releases'ID=4BBD1CCB-F51E-43AB-ACE6-17A5EAB66D3B against the DOJ's support for the litigation. And in July, Heitkamp helped introduce a resolution https://www.heitkamp.senate.gov/public/index.cfm/2018/7/heitkamp-helps-introduce-senate-resolution-to-protect-north-dakotans-with-pre-existing-conditions that would allow the U.S. Senate to take legal action against DOJ efforts to undermine protections for families with pre-existing conditions in the health reform law.

DOJ's actions show an unprecedented effort to purposefully allow health insurance companies to charge individuals, children, and families more for health care or deny coverage if they have a pre-existing condition and charge the sick exorbitantly more for coverage. The resolution Heitkamp helped introduce would authorize U.S. Senate Legal Counsel to intervene in the Texas v Azar lawsuit-- which DOJ said it would no longer actively defend in court-- and fight to uphold protections for individuals and children with pre-existing conditions.

Background

Since joining the U.S. Senate in 2013, Heitkamp has offered many reforms https://www.heitkamp.senate.gov/public/cache/files/412dada8-dccb-425c-ba47-92bd9ec0257f/7-13-updated-timeline-of-hh-aca-fixes-july-2018.pdf that would help the current health reform law work better for families and businesses. She is continuing to try to work with Senate Republicans and Democrats to reach compromise solutions that make health care affordable and accessible for North Dakotans. Since 2013, Heitkamp has also met regularly with her health care advisory board-- comprised of health care leaders across North Dakota - to talk with them about health care in the state and improving the health reform law.

Heitkamp has continued to seek additional solutions to address rising health care costs in North Dakota and across the country. Earlier this summer, Heitkamp cosponsored bipartisan legislation https://www.heitkamp.senate.gov/public/index.cfm/press-releases'ID=BDB713EC-2CD9-43F3-88AB-3EF33475C12F to suspend the Health Insurance Tax-- a fee that directly impacts health care affordability for North Dakota families and small businesses. Last year, Heitkamp introduced a bill to delay the tax through 2019. A delay of the tax through 2019 was ultimately included in the government funding bill that was signed into law earlier this year.