Sens. Shaheen, Hassan to A.G. William Barr: Stop Efforts to Gut Affordable Care Act in Court
"We urge the
The
Despite the essential protections for Americans under the ACA and the growing number of Americans contracting COVID-19, the
The letter, which was led by Senator
Earlier this week, Shaheen and a group of Senators wrote to the
* * *
To: The Honorable
Dear Attorney General Barr:
We write to urge the
Among other critical provisions, the ACA made it illegal for insurance companies to deny insurance coverage for the 133 million Americans with pre-existing conditions./2 Before the ACA, insurers could exclude coverage of care associated with pre-existing conditions; charge higher health premiums based on a person's health status or gender; limit certain benefits like mental health treatment, prescription drugs, or maternity care associated with pre-existing conditions; and impose lifetime or annual caps on benefits./3
Despite these essential protections, you are currently in court seeking to invalidate the ACA in California v. Texas./4 The
Because of the pandemic, uninsured rates could spiral even further if the ACA's pre-existing conditions protections are overturned. Health experts warn that, without the ACA, health insurers could classify COVID-19 as a pre-existing condition and deny COVID-19 survivors health insurance./9 While much remains to be understood about the long-term health impacts of the disease, there is increasing evidence of patients feeling the effects of COVID-19 beyond the average known time of recovery. The
These risks are not confined to the elderly: the
According to Dr.
[W]hile some patients may fully recover [...] others will suffer long-term damage, including lung scarring, heart damage, and neurological and mental health effects. [...] Other preliminary evidence, as well as historical research on other coronaviruses like severe acute respiratory syndrome (SARS) and
Without ACA protections, individuals who face long-term effects of COVID-19 could be considered "uninsurable" in the individual market altogether, and anyone who ever tested positive for COVID-19 could be denied coverage or kicked off their insurance, impairing their ability to access care for complications from the disease or any other health issues for years in the future./18 Individuals who never contract COVID-19 could be at risk for discrimination from health insurers, too. Health insurers may assume people who seek COVID-19 tests too frequently are at higher risk for coronavirus exposure and discriminate against them in their coverage. If the ACA is overturned, health insurers could even be allowed to discriminate against people if they thought individuals with certain occupations put them at higher risk of contracting the disease./19
See signatories and footnotes here: https://www.warren.senate.gov/imo/media/doc/2020.10.20%20Letter%20to%20DOJ%20re%20ACA%20and%20COVID-19%20as%20a%20Pre-existing%20Condition.pdf
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