Insurance Commissioner Kreidler's statement on ACA lawsuit's threat to pre-existing conditions coverage

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"We had a whole new group of people to deal with".

The measure would enshrine into law the Affordable Care Act's protections against charging more money or denying coverage to people with pre-existing conditions. Kavanaugh was also grilled on how he might vote on such an ACA case and on his stance on abortion - but he revealed little.

O'Connor appeared most interested in whether at least some parts of the law should be invalidated if the insurance mandate is deemed unconstitutional because it is no longer a tax.

At a news conference Wednesday in Washington, House Democrats said the ACA has saved people with pre-existing conditions by prohibiting insurance companies from denying them coverage.

Robert Henneke, General Counsel, Director, Center for the American Future talks to the media the Affordable Care Act at Eldon B. Mahon U.S. Courthouse in Fort Worth, Texas, Wednesday, Sept. 5, 2018. Now they're attacking the most important life-saving protection in the law.

Who brought this latest case and why?

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Attorneys general from mostly conservative states will try to pick up where the GOP-led Congress left off, seeking a permanent injunction halting enforcement of the law.

And, they continue, because the requirement is so central to health care law, the whole law can not survive without it.

The Supreme Court, in upholding the law in 2012, deemed that penalty a tax and thus a valid and legal exercise of Congress' power of the purse.

The blue-state attorneys said Congress left the rest of the 2010 health law alone when it made a decision to gut the mandate penalty as part of its recent tax-cut legislation, so Obamacare's protections for sicker Americans should remain.

"It's perfectly clear that when Congress zeroed out the penalty in 2017, it didn't mean to get rid of pre-existing conditions protections", said Tim Jost, emeritus professor at the Washington and Lee University School of Law. The plaintiffs argue that the health law's requirement that most people have insurance - the so-called individual mandate - no longer functions as a tax, and therefore is unconstitutional.

Other states, including New York, New Jersey and MA, have policies banning plans that do not comply with Obamacare, but California would be the first to pass a law explicitly prohibiting the sale of the short-term policies. The challengers argue that because the individual mandate was a core component of the original law, the rest of it should be declared unconstitutional.

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Technically, the federal government is the defendant - the case is called Texas v.

In June, DeWine told The Dispatch through a spokesman that he did not support scrapping protections for people with preexisting conditions.

But setting aside the ACA while the case proceeds "would throw the entire [health] system into chaos", Becerra said.

The legislation, introduced by 10 GOP senators last month, aims to clarify that Republicans want to maintain ObamaCare's protections for people with pre-existing conditions in case a GOP-backed lawsuit against the 2010 health law succeeds. That includes millions who gained coverage through the law's expansion of Medicaid and as well as the millions more who get subsidized private insurance through the law's marketplace.

Insurers also are starting to come back. Once again, people could be subjected to annual and lifetime limits in their health plans. While the health law requires coverage for all conditions without extra premiums, the GOP bill would require that insurers sell to people with preexisting conditions, but not that those policies actually cover those conditions.

When voters are asked what health care issue they most want to hear the candidates discuss, a quarter (27%) mention health care costs - three times the share that mention any other health care issue, such as increasing access (9%), universal coverage (8%), Medicare or senior concerns (7%), or prescription drug costs (7%).

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Some 52 million adults age 18 to 64 - or 27 percent of this population - have pre-existing conditions that would have led to a denial of coverage in the individual market prior to the Affordable Care Act, according to the Kaiser Family Foundation.

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