Sens. Cardin, Van Hollen to Trump Administration: Don't Rip Away Health Care for Millions During Public Health Crisis

WASHINGTON, July 1 -- Sen. Benjamin Cardin, D-Maryland, issued the following news release:

U.S. Senators Ben Cardin and Chris Van Hollen (both D-Md.) joined Senator Jon Tester (D-Mont.) and more than 30 Senate colleagues in condemning the Trump Administration's "reckless" efforts to invalidate the Affordable Care Act. The Senators demanded that the Department of Justice (DOJ) defend existing law in court and halt its efforts to repeal health care protections for millions - including 133 million Americans with pre-existing conditions -- in the middle of a public health emergency. This legislation responds to the Trump Administration moving full-steam ahead to dismantle the health care law that provides coverage for millions of Americans.

"The Patient Protection and Affordable Care Act has been a lifeline for tens of millions of Americans across the country, especially in the midst of a nationwide, public health emergency. Healthcare is a right, not a privilege," said Senator Cardin. "The administration's attempt to erase quality, affordable healthcare coverage during a global pandemic is immoral. We must continue to protect and expand access to health care as we continue to navigate this health crisis."

"Despite a global pandemic, the Trump Administration is moving full speed ahead in their war to gut health care coverage. If they achieve their goal to repeal the Affordable Care Act through the courts, they will rip health insurance away from millions of Americans - including those with pre-existing conditions, hike prescription drug costs for seniors, and end cost-saving coverage for families. What's more, Republicans have produced no alternative, so if they're successful in their attempts, millions of Americans will be left in the lurch. We will keep fighting back to ensure Americans have affordable, accessible health care during and after this pandemic," said Senator Van Hollen.

"This reckless effort puts millions of Americans - and thousands of Montanans - at risk at a time when they can afford it least," Senator Tester said. "Ripping away health coverage during a public health crisis is as irresponsible as it is cruel, and jeopardizes lives, our economy, and the rural Montana hospitals that rely on it to keep their doors open. While the Affordable Care Act is not perfect, scrapping it with no replacement would mean putting millions out in the cold in the middle of a global health emergency, and I will keep fighting every day to make sure access to quality, affordable health care is there for the folks who rely on it most."

Last week, the DOJ and a group of Republican Attorneys General submitted a brief to the U.S. Supreme Court urging it to invalidate the Affordable Care Act (ACA) and pull the rug out from underneath the millions of Americans with pre-existing conditions who depend on the law for health care coverage.

The Senators' resolution urges DOJ to reverse its position and instead protect the millions of people who rely on the ACA for health care coverage amid the COVID-19 pandemic that has infected more than 2.5 million Americans and killed more than 125,000.

The resolution is also backed by Senators Jeanne Shaheen (D-N.H.), Joe Manchin (D-W.Va.), Tim Kaine (D-Va.), Mark Warner (D-Va.), Doug Jones (D-Ala.), Tina Smith (D-Minn.), Mazie Hirono (D-Hawaii), Jack Reed (D-R.I.), Catherine Cortez Masto (D-Nev.), Tammy Baldwin (D-Wis.), Sherrod Brown (D-Ohio), Michael Bennet (D-Colo.), Tom Carper (D-Del.), Dick Blumenthal (D-Conn.), Ed Markey (D-Mass.), Dick Durbin (D-Ill.), Kamala Harris (D-Calif.), Patty Murray (D-Wash.), Jacky Rosen (D-Nev.), Debbie Stabenow (D-Mich.), Chris Murphy (D-Conn.), Ron Wyden (D-Ore.), Maggie Hassan (D-N.H.), Gary Peters (D-Mich.), Amy Klobuchar (D-Minn.), Martin Heinrich (D-N.M.), Elizabeth Warren (D-Mass.), Kyrsten Sinema (D-Ariz.), Angus King (I-Maine), Tom Udall (D-N.M.), Sheldon Whitehouse (D-R.I.), Bob Menendez (D-N.J.), Dianne Feinstein (D-Calif.), Brian Schatz (D-Hawaii), Chris Coons (D-Del.), Patrick Leahy (D-Vt.), and Bernie Sanders (I-Vt.).

The current administration has repeatedly undermined the necessary healthcare protections for millions; Senators Cardin and Van Hollen joined their fellow Democratic colleagues in the amicus brief of California v. Texas, protecting the individual mandate. This public health emergency has threatened the health and safety of Americans across the country; both Senators Cardin and Van Hollen signed onto a letter that urged House and Senate leaders to take steps to ensure that those who have lost their employer-based benefits - and those who are uninsured or underinsured - do not have to face this major public health crisis without access to health insurance.

The full resolution is available here https://www.cardin.senate.gov/download/affordable-care-act-covid-resolution.

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April 17, 2020

To: The Honorable Mitch McConnell, Majority Leader, United States Senate, 317 Russell Senate Office Building, Washington, D.C. 20510

The Honorable Charles E. Schumer, Minority Leader, United States Senate, 322 Hart Senate Office Building, Washington, D.C. 20510

The Honorable Nancy Pelosi, Speaker, United States House of Representatives, 1236 Longworth H.O.B., Washington, DC 20515

The Honorable Kevin McCarthy, Minority Leader, United States House of Representatives, 2468 Rayburn House Office Building, Washington, D.C. 20515

Dear Leader McConnell, Speaker Pelosi, Leader Schumer and Leader McCarthy:

We are writing to urge you to ensure that any upcoming legislation regarding the COVID-19 pandemic includes strong measures to secure continuity in health care coverage for Americans who have lost their employer based benefits and additional individuals who are otherwise uninsured or underinsured. As you know, the COVID-19 pandemic has significantly impacted the employment security, financial stability, and health care coverage of millions of American families. Congress has taken unprecedented steps to provide immediate relief to many of these families, but unfortunately - to date - Congress has not included significant coverage provisions in its legislative efforts to address COVID-19.

According to the Department of Labor, 6.6 million Americans filed for unemployment in the week ending April 4 and the 6.8 million in the week prior to that/1.

This astounding number is even more concerning knowing that approximately half of all of Americans receive their health care coverage from an employer/2.

In addition to individuals that may be newly uninsured due to their employment status - there are an estimated 27 million additional Americans entirely without health care coverage/3 and an increasing number of underinsured Americans. The number of underinsured Americans could continue to grow as individuals are increasingly pushed into skimpier and more expensive plans that often do not provide the same strong consumer protections as plans on the Affordable Care Act's (ACA) health care exchanges. We are in the midst of a global pandemic and strongly believe Congress has an imperative and moral obligation to act as soon as possible to get immediate assistance to Americans without healthcare coverage.

Below are our initial recommendations we believe Congress should consider to ensure Americans have access to health care coverage:

* Strengthen Medicaid: As unemployment increases, states will see an influx of individuals eligible for and in need of Medicaid coverage. Congress should provide states with additional Medicaid Federal Medical Assistance Percentage (FMAP) support based on these unemployment rates for all Medicaid populations to help address this influx. In addition, Congress should provide late- and yet-to-expand states with additional supports and incentives to ensure states can appropriately cover the millions of people who lack coverage and expand coverage options where needed.

* Re-open the ACA Marketplace and Provide Premium Relief to Enrollees: Congress should convey to the Administration the importance of using their existing authority to re-open the ACA health care exchanges to ensure that uninsured individuals can immediately enroll in health care coverage. Congress should also enhance assistance through the Advanced Premium Tax Credits (APTCs) to ensure more Americans can afford marketplace coverage.

* Provide COBRA Assistance to Individuals with Employer Sponsored Plans: Congress should provide premium reimbursement to newly unemployed Americans that may need to pay the entire premium cost of the employer sponsored healthcare coverage they previously elected in accordance with the Consolidated Omnibus Budget Reconciliation Act (COBRA).

In addition to the initial recommendations listed above we are ready and willing to work with you on additional policies that address this issue, but implore you to act quickly. Americans cannot and should not have to wait for the healthcare services they need during this global pandemic that is unprecedented during our time. Thank you for your attention to this request and we look forward to working with each of you on this critical issue moving forward.

See signatories and footnotes here: https://www.cardin.senate.gov/imo/media/doc/4.17.2020-final-letter-to-leadership-on-coverage.pdf