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Protect Our Care Releases New Fact Sheet As Part of Lower Rx Summer

Protect Our Care is releasing a fact sheet outlining the costs and implications of Biogen’s new Alzheimer’s medication, Aducanumab, as part of Week 3 of Lower Rx Summer, which is focusing on how drug prices hurt seniors. These costs demonstrate the urgent need to empower Medicare to negotiate to bring down the cost of prescription drugs.

Americans already pay three times more for prescription drugs than our counterparts around the world. With the recent approval of Aducanumab, an exorbitantly expensive and unproven Alzheimer’s drug, intensified costs are expected to become a fixture of American health care spending for years to come. The drug’s $56,000 price tag and estimated $11,200 out-of-pocket cost will push Aducanumab out of reach for the vast majority of patients, as the total cost is nearly double the income of 50 percent of Medicare beneficiaries. While the costs of Aducanumab are extreme, they don’t stop with the medication. PET scans and MRIs, which are not covered by Medicare for Aducanumab treatment, play a crucial role in the drug’s use, creating additional out-of-pocket expenses. The treatment of millions of patients will increase premiums and cost-sharing requirements across the board, particularly for seniors on Medicare. No one should be forced to decide between treatment for a devastating disease and financial ruin. 

Biogen’s greed is appalling —profits over patients, families, and the nation’s health care system. The public understands that drug manufacturers like Biogen are exploiting a broken system that allows skyrocketing drug costs at the expense of all else. That is why the majority of Americans support giving Medicare the power to negotiate for lower drug prices. Requiring Big Pharma to play fair will save nearly $600 billion on prescription drug costs, which can be reinvested to strengthen health care for millions of Americans, including those with Alzheimer’s. These savings could establish an out-of-pocket cap for drug costs under Medicare and expand Medicare benefits to include hearing, vision, and dental.

KEY POINTS

• Biogen’s blatant greed is financially devastating to Alzheimer’s patients. Aducanumab, can provide no benefit to those suffering from Alzheimer’s if they cannot afford to access it. The drug’s $56,000 annual price creates out-of-pocket expenses so prohibitive, many will be unable to access the care they have been desperately waiting for. While Biogen enjoys soaring share prices, patients and their families will be forced to make the impossible choice between treatment and financial ruin.
• Medicare cannot withstand the cost of Aducanumab. The drug will have groundbreaking implications for patients, taxpayers, and the entirety of the American health care system. Even if just two of America’s six million Alzheimer’s patients began Aducanumab, it would cause Medicare spending alone to explode by $90 billion – all for a single, unproven drug. A spending increase on this scale would raise premiums across the country, with Medicare beneficiaries experiencing the greatest hardship.
• Seniors back bold action to reign in corporate profiteering and lower prescription drug prices. Americans know drug manufacturers are taking advantage of a broken system, with 80 percent identifying the pharmaceutical industry’s prioritization of profits as the reason for skyrocketing drug costs. The majority of seniors agree and 82 percent want the federal government to negotiate with Big Pharma to lower their prescription drug prices.

Biogen’s Blatant Greed Is Financially Devastating To Alzheimer’s Patients

Aducanumab’s Out-Of-Pocket Price Highlights Access Disparities For Seniors. The vast majority of Alzheimer’s patients are over 65, many relying on Medicare for health coverage. As an infusion drug, Aducanumab would be covered under Medicare Part B, which requires patients to pay 20 percent of the $56,000 per year price tag. $11,200 in annual out-of-pocket expenses for a single drug would easily push treatment out of reach for many, stressing the extreme disparities that exist for seniors attempting to access specialty drugs, particularly those who are low-income, people of color, and in poor health.

Biogen’s Price Gouging Preys On Vulnerable Patients. While Biogen offers inconclusive evidence of Aducanumab’s effectiveness, executives continue to insist the drug’s $56,000 price tag is ‘responsible’. For the millions of Alzheimer’s patients and their families, desperate for treatment options, Aducanumab’s cost is not responsible – it’s reprehensible. Half of Medicare recipients live on less than $29,650 per year. Even the Alzheimer’s Association called the price of the drug “simply unacceptable” and stressed the need for Biogen to reduce Aducanumab’s cost.

Biogen Stands To Make Billions As Seniors Struggle. Aducanumab is priced at a rate more than six times its estimated value. The Institute for Clinical and Economic Review has assessed that Aducanumab could only be cost-effective at a price under $8,300 per year. 

Aducanumab’s Price Puts Big Pharma’s Greed On Full Display. Even Wall Street analysts did not predict a pharmaceutical corporation would set such an outrageous price for an Alzheimer’s drug. On the day the F.D.A. announced Aducanumab’s approval, Biogen’s shares skyrocketed by 38 percent.

Medicare Cannot Withstand The Cost Of Aducanumab

Health Care Spending Would Surge. If only a third of Americans with Alzheimer’s receive Aducanumab, health care spending could increase annually by $112 billion. With the annual price set at $56,000, Medicare would be spending $90 billion on Aducanumab for two million patients and out-of-pocket spending for patients would be $22 billion for the drug alone. For context, Medicare Part D spent $90 billion in 2020, covering all of the prescription drugs of 46 million Americans. 

Cost-Sharing Requirements Would Skyrocket. Aducanumab’s astronomical price would expose the full brunt of Medicare’s cost-sharing requirements for the six million Medicare beneficiaries with no supplemental coverage. This cost sharing responsibility for Part B medications, like Aducanumab, will be particularly painful for the 90 percent of Medicare Advantage beneficiaries with plans requiring 20 percent coinsurance rates for in-network providers, with that figure surging to 50 percent for medications provided out-of-network. 

Aducanumab Will Increase Premiums For Seniors. Premiums for 56 million Medicare Part B beneficiaries will be heavily impacted by Aducanumab spending. Part B premiums are set equal to 25 percent of annual projected Part B expenditures. An escalation on the scale Aducanumab threatens would drastically alter yearly Part B spending, increasing the cost for all recipients.

Costs Extend Far Beyond The Drug Itself. While the costs of Aducanumab are extreme, the implications for Medicare don’t stop with the medication. PET scans and MRIs play a crucial role in the use of Aducanumab to both diagnose and monitor patients for potential serious side effects, such as brain swelling and bleeding. Medicare does not typically cover the costs of scans used to identify Alzheimer’s associated amyloid buildups and is being aggressively lobbied by scan manufacturers to cover imaging and at higher rates. The options are grim. Either press over-stretched patients to spend additional out-of-pocket dollars, or put pressure on an already overwhelmed Medicare budget to cover yet another Aducanumab related cost.

Aducanumab Is High Risk, High Uncertainty. Despite its high cost, there is no conclusive evidence that Aducanumab is an effective Alzheimer’s treatment, justifying the concern and confusion of FDA advisory committee members, doctors, and bio-pharma industry insiders. Not only has Biogen been unable to produce strong evidence of clinical benefit, despite its astronomical cost, Aducanumab has serious potential side effects. In two seperate clinic trials, 40 percent of patients experienced brain swelling and 17 percent experienced microhemorrhages. Only a broken system would allow the makers of an unproven drug to reap enormous profits from patients grappling with a devastating disease.

Seniors Back Bold Action To Lower Prescription Drug Prices

Seniors Support Federal Government Action To Lower Drug Costs. Nearly 70 percent of seniors want Congress to take action on drug prices by establishing an out-of-pocket limit for Medicare beneficiaries. 82 percent favor empowering the federal government to negotiate lower prescription drug prices, to protect against unconscionable launch prices like Aducanumab’s.

Americans Know Big Pharma Is Taking Advantage Of A Broken System. 75 percent of Americans don’t trust drug manufacturers to set reasonable prices for their drugs and eight in ten believe Big Pharma’s prioritization of profits is to blame for rising cost of prescription drugs.

Older Americans Want A Level Playing Field. Seniors have had enough of paying more for medications than their counterparts around the world. Legislative efforts by Democratic leaders would establish a ceiling price for all negotiated drugs by tying it to the average price in other countries and penalizing pharmaceutical corporations that don’t play by the rules. Six in ten Americans over 65 support tying what Medicare pays for prescription drugs to the amounts paid by other countries.

Washington, D.C. —  This week, the Wall Street Journal Editorial Board criticized Democrats for their “assault” on the cost of Biogen’s new Alzeheimer’s drug, Aduhelm. This comes after Biogen announced they would be charging $56,000 for a year’s worth of treatment — almost twice the median income of a Medicare beneficiary — for a drug experts say may not even work. Even the Alzheimer’s Association called the price of Aduhelm “simply unacceptable” and warned “this price will pose an insurmountable barrier to access, it complicates and jeopardizes sustainable access to this treatment, and may further deepen issues of health equity.” In response, Protect Our Care Chair Leslie Dach issued the following statement: 

“Everyone who has known someone with Alzheimer’s knows that this is a horrible, devastating disease. Biogen is feeding on the hopes of millions of Alzheimer’s patients and their families and taking advantage of a broken system that allows drugmakers to set outrageous prices without any limitations. You don’t help people with Alzheimer’s with a drug no one can afford. There is no one more committed to fighting for older Americans and no one who has fought harder to ensure Americans can afford their medications than Senate Finance Chairman Senator Ron Wyden. It’s plain and simple: the Wall Street Journal has repurposed PhRMA talking points while Democrats and Chairman Wyden are committed to ensuring Alzheimer’s patients can afford the treatments they need.” 

Call Demonstrated Urgent Need for a Federal Solution to Close the Coverage Gap and Extend Coverage to Millions

Watch the Event Here

Washington, DC — Today, U.S. House Majority Whip James E. Clyburn (D-SC-06) and U.S. Rep. Robin Kelly (D-IL-02) joined Protect Our Care for a press call advocating for a federal solution for closing the Medicaid coverage gap. Republican leaders in 12 states have rejected Medicaid expansion, blocking millions of people from access to coverage. Four million uninsured adults — including at least 2.4 million people of color, 500,000 people with disabilities and almost a million older Americans — could gain Medicaid coverage if the remaining states adopted Medicaid expansion. 

The call came after leaders of the Congressional Tri-Caucus, which includes the Congressional Asian Pacific American Caucus (CAPAC), Congressional Black Caucus (CBC), and Congressional Hispanic Caucus (CHC), joined more than 60 of their colleagues on a letter advocating for closing the coverage gap through the American Families Plan.

“Even as we welcome the result of last week’s Supreme Court decision upholding the ACA, there is something amiss in the 12 states that have not expanded Medicaid, where millions of Americans are left out of this coverage,” said Majority Leader James E. Clyburn (D-SC-06). “Of those 12 states, nine of them are in the South, where there are large pockets of poverty. Medicaid expansion would be such a tremendous benefit to South Carolinians who fall into this coverage gap. We must act to close this coverage gap now.” 

“Over the past year, we have seen just how important it is that everyone has access to quality, affordable health care whenever they need it. And closing the gap is vitally important not only to people without insurance, but to all of us,” said U.S. Rep. Robin Kelly (D-IL-02). “Our public health depends on as many people having access to care as possible. Medicaid expansion has played a critical role in reducing racial disparities in access to care, and closing the coverage gap will help families get back on their feet after this pandemic and help to finally address the health disparities that persist in our country.”

“There is a stark situation in the states that have not expanded Medicaid, where income eligibility rules are incredibly stringent. In most of these states, if you’re a single mother with two children and you make $9,000 per year, you’re not eligible for Medicaid,” said Yvette Fontenot, Policy and Legislative Affairs Consultant for Protect Our Care. “These states have not been persuaded to change course in the face of generous federal financial incentives, evidence of the health benefits of Medicaid expansion, and the worst pandemic in a century. Waiting for them to act is no longer a viable option.” 

“Medicaid is a lifeline for millions of Americans, and its importance has never been more clear as it has reached record enrollment during the pandemic,” said Protect Our Care Chair Leslie Dach. “Despite the overwhelming benefits of Medicaid expansion, and even with the additional incentives included in the American Rescue Plan, Republicans have put politics over people by continuing to reject the program. Lawmakers must act quickly to provide relief to millions of people who have been locked out of coverage by adopting a federal solution to expand Medicaid in the American Families Plan.” 

BACKGROUND:

• • Six Million People Could Gain Coverage If Remaining Holdout States Expand Medicaid.  An estimated four million uninsured adults — including at least 2.4 million people of color, 640,000 frontline workers, 500,000 people with disabilities, and 926,000 older adults aged 50 to 64 — could gain coverage if the remaining holdout states adopted expansion. In total, roughly 6 million people could enroll in Medicaid if the remaining states implemented expansion.
  • Medicaid Expansion Is Widely Popular. In 2020, the country saw voters in two deeply conservative states, Oklahoma and Missouri, approve expansion. 75 percent of Americans have a favorable view toward the Medicaid program, and 61 percent of Americans in non-expansion states favor expansion. 
  • Medicaid Expansion Results In Healthier Communities. Research confirms that Medicaid expansion increases access to care, improves financial security, leads to better health outcomes, and even saves lives. Medicaid expansion has played a vital role in reducing racial disparities in health care access and has served as a critical safety net during the pandemic. According to the Kaiser Family Foundation, more than 600 studies confirm the broad benefits of Medicaid expansion. 

Yesterday, the New York Times reported that Medicaid enrollment surpassed 80 million nationwide, meaning one in four Americans are now covered by the program. For decades, Medicaid has been a vital source of coverage for millions, including seniors, children, women, and people of color. And amid vast economic insecurity and widespread coverage losses during the pandemic, Medicaid has once again proven to be a critical safety net, ensuring access to quality, affordable health care for millions more. 

The Affordable Care Act’s Medicaid expansion in particular has helped more Americans get covered. Research confirms that Medicaid expansion increases access to care, improves financial security, and leads to better health outcomes. However, in 12 states, Republican leaders have rejected Medicaid expansion, blocking millions of people from access to coverage. At least 2.4 million people of color, 500,000 people with disabilities and almost a million older Americans who are currently uninsured could gain Medicaid coverage if the remaining states adopted Medicaid expansion. Recent reporting from The New York Times highlights what states have gained, and have to gain, from the surge in Medicaid enrollment.

Medicaid’s Growing Role

One in four Americans now has health coverage through Medicaid. 10 million Americans enrolled in Medicaid in 2020, bringing the national program to a record total of 80 million participants. This trend represents Medicaid’s crucial role within the American health system.

Medicaid holdout states are denying coverage to millions. 12 states have refused Medicaid expansion, blocking essential health coverage for four million uninsured Americans. Increases in access to health care play a critical role in improving health outcomes.

10 Million Americans Joined Medicaid In 2020. Over a 12 month period, Medicaid enrollment grew by 14 percent. This figure includes CHIP enrollment, which covers the children of individuals who cannot afford coverage, but do not qualify for Medicaid. 

Medicaid Is A Pillar Of The U.S. Health System. Medicaid’s rapid growth in 2020 illustrates the program’s crucial role in American healthcare. Once viewed as a safety net, Medicaid has evolved to demonstrate American’s need and desire for affordable health coverage. CMS Administrator Chiquita Brooks-LaSure said the increased enrollment “tells us that Medicaid is a critical program for American families.” 

Blocking Medicaid Expansion Is Hurting Millions. There are currently 12 states that have rejected federal funding to expand their Medicaid programs and cover adults up to 138 percent of the federal poverty level. Republican leaders in these states have blocked at least 2.4 million people of color, 500,000 people with disabilities, and nearly one million older Americans who are currently uninsured, but could gain coverage if Medicaid expansion was adopted. 

Americans Favor Expansion. Three recent holdout states, Idaho, Nebraska, and Utah, expanded Medicaid in 2020 under the direction of voters through ballot initiatives and experienced a rapid surge of enrollment. Next month, Oklahoma will finalize its Medicaid expansion program. 

Washington, D.C. — Today, Senate Finance Committee Chair Ron Wyden released “principles of reform” to provide a framework for comprehensive legislation to reduce drug prices. The principles include strong measures, including giving Medicare the power to negotiate for lower drug prices. In response, Protect Our Care Chair Leslie Dach issued the following statement: 

“We commend Finance Chairman Ron Wyden for his leadership and dedication to lowering drug prices for all Americans. The principles released today are a strong foundation and an important step forward. Americans are paying far too much for prescription drugs, and these principles provide a pathway to a real and meaningful solution.  

“The Finance Committee principles would give Medicare the power to negotiate for lower prices and the teeth to bring PhRMA to the negotiating table and keep them there, and make those prices available to as many Americans as possible. While there are many important details to be worked through, if enacted into law, these principles would address launch prices, reduce out-of-pocket costs for seniors, and limit price increases to the rate of inflation for drugs that have been on the market for years.  

“It’s time to put an end to the greed of big drug companies. Americans should not have to pay three times more for the same medicines as people in other countries, and they shouldn’t have to choose between paying for the drugs they need to stay alive and paying for housing or food. Today’s announcement from the Senate Finance Committee, coupled with the introduction of H.R. 3 and the leadership of Speaker Pelosi in the House and President Biden’s vocal support, provides real momentum to finally bring down drug prices.”

As part of Week 3 of Lower Rx Summer, Protect Our Care is releasing a new fact sheet outlining how the robust savings achieved under Medicare negotiation could be used in part to improve health care for seniors and older adults. Giving Medicare the power to negotiate lower drug prices will help patients save more than $100 billion dollars on their drug costs and will generate nearly $500 billion in additional savings, which can be reinvested to strengthen health care for millions of Americans, including for seniors. These savings could help establish an out-of-pocket cap for drug costs under Medicare and expand Medicare benefits to include hearing, vision, and dental. 

President Biden And Leading Democratic Members Of Congress Are Proposing Using The Savings From Medicare Drug Price Negotiation To Add Dental, Vision, And Hearing Benefits To Medicare 

President Biden’s Budget Includes Expanded Medicare Benefits For Seniors. President Joe Biden’s FY 2022 budget proposal includes a plan to improve “access to dental, hearing, and vision coverage in Medicare.” 

Senate Majority Leader Chuck Schumer And Senate Budget Committee Chair Bernie Sanders Support Expanding Medicare Benefits. Senate Majority Leader Chuck Schumer supports an effort, led by Sen. Bernie Sanders, to add dental, vision and hearing coverage to Medicare. “There is a gaping hole in Medicare that leaves out dental, vision, and hearing coverage. This is a serious problem,” Schumer wrote on Twitter. “I’m working with @SenSanders to push to include dental, vision, and hearing Medicare coverage in the American Jobs and Families Plans,” 

More Than 150 House Democrats Support Adding Dental, Hearing, And Vision Benefits To Medicare. More than 150 House Democrats from across the party signed a letter in support of expanding Medicare’s benefits citing “a critical need to improve the traditional Medicare benefit to include dental, vision, and hearing.” 

AARP Is A Strong Supporter Of Adding Dental, Hearing, And Vision Benefits To Medicare. AARP is a strong supporter of efforts to add vital coverage for dental, hearing, and vision to Medicare Part B and has endorsed The Lower Drug Costs Now Act (H.R. 3), historic legislation that gives Medicare the power to negotiate for lower drug prices for all Americans . 

Dental Coverage 

Most Seniors Don’t Have Dental Insurance And Many Go Without Needed Care Because Of The Cost. According to the CDC, in 2017, slightly less than one-third (29.2 percent) of adults aged 65 and over had dental insurance, and 7.7 percent of seniors skipped needed dental care because of concerns about the cost. Among Medicare beneficiaries who used dental services, average out-of-pocket spending on dental care was $874 in 2018, and one-fifth spent more than $1,000 out of pocket.

Seniors Overwhelmingly Support Adding A Dental Benefit To Medicare. Recent polling from the University of Michigan found that 93 percent of older adults said they would favor a policy that would add a dental benefit to Medicare.

Vision Coverage 

Nearly Every Medicare Beneficiary Uses Corrective Lenses. A 2015 study found that 92.4 percent of Medicare beneficiaries reported using eyeglasses for either distance or near vision correction. Less affluent Medicare patients were less likely reporting using eyeglasses, suggesting that many seniors may be avoiding needed vision care because of the costs. 

The Average Cost Of An Eye Exam And Glasses Without Insurance Is More Than $500 — A Significant Burden On Seniors Without Vision Coverage. According to VSP Vision Care, the average cost of an eye exam, glasses, and frames for those without vision coverage is $576. Untreated vision problems are associated with an increased risk of falls, depression, cognitive impairment, hospitalization, and limited mobility for seniors. 

Hearing Coverage 

Millions Of Seniors Go Without Hearing Aids Because Of Costs. A University of Michigan study found that just over a third of older adults who say they have hearing loss are using a hearing aid to correct it, with cost being a prohibitive factor. Hearing aids can cost thousands of dollars out of a patient’s pocket because most health insurance programs, including Medicare, don’t cover them.

Untreated Hearing And Vision Loss Puts Seniors’ Health At Risk. Untreated hearing loss in older adults can lead to a variety of physical and mental health problems. Hearing loss increases the risk of dementia, falls, and depression and may increase social isolation and reduce cognitive function. 

Capping Out Of Pocket Drug Costs 

The Democratic Plan To Reduce Drug Prices Would Cap Out Of Pocket Drug Costs For Seniors. In addition to giving Medicare the power to negotiate drug prices, the H.R. 3 would also limit prices so they could not rise faster than inflation and cap how much Medicare beneficiaries pay out-of-pocket each year at $2,000.

Nearly Nine In Ten Seniors Currently Take Prescription Medication, With Millions Struggling To Afford The Cost. One in four adults over 65 report difficulty affording their prescription drugs. Seniors most likely to experience difficulty are: in poor health, have an annual household income under $30,000, and/or take four or more prescription medications. 

Medicare Has No Out-Of-Pocket Limit For Prescription Drugs. Individuals on Medicare are the only insured Americans to have no cap for out-of-pocket medication costs. Once Medicare beneficiaries are out of the coverage gap and have obtained catastrophic coverage, they are still responsible for coinsurance and copayments costs.

Out-Of-Pocket Costs For Specialty Medications Are Skyrocketing. Even with catastrophic coverage, Medicare Part D enrollees can face thousands of dollars in out-of pocket expenses for specialty drugs. Kaiser Family Foundation anticipated the average 2019 out-of-pocket cost for specialty drugs to be $8,109. 

High Out-Of-Pocket Costs Force Seniors To Forgo Medications. One in five seniors report not taking their medications as prescribed due to cost. A 2021 study found that increasing out-of-pocket costs by only $10 created a 23 percent decrease in Medicare beneficiaries taking prescription drugs as instructed, as well as a 33 percent increase in mortality. 

Seniors Are Forced To Put Off Retirement To Access Needed Drugs. Without a limit on out-of-pocket costs for prescriptions, many older Americans continue working to retain access to employer insurance plans which offer additional coverage. Postponing the transition to Medicare also allows for the continuation of financial assistance from pharmaceutical manufacturers, not available to Medicare beneficiaries.

Last week, in an 7-2 ruling in California v. Texas, the Supreme Court delivered a massive repudiation of the Republican war on health care. By throwing the lawsuit out on standing, the court protected the health care coverage of more than 20 million Americans and prevented more than 135 million people with pre-existing conditions from losing the protections they rely on, and many other key ACA provisions. The lawsuit was former President Trump and his Republican allies’ last-ditch effort to dismantle the ACA after they failed to do so in Congress. 

The court’s decision to affirm the ACA should mean the end of the road for Republicans’ relentless attacks on the law. Press coverage makes clear that the ruling creates momentum for President Biden and the Democratic majorities in Congress’ to build on the ACA to further expand coverage, lower costs, and reduce disparities in care.   

To celebrate the victory for millions of American families and hold Republicans accountable for their attack on health care, Protect Our Care hosted a national press call and events in Alaska, Arizona, Florida, Georgia, Maine, North Carolina, Ohio, and Wisconsin last week.

NATIONAL

The Hill: Supreme Court Upholds ObamaCare In 7-2 Ruling. “’The Supreme Court Has Spoken: The Affordable Care Act Is the Law of the Land,’ was the title of a statement from the Democratic group Protect Our Care, founded to fight GOP repeal efforts in 2017. The decision ‘brings to an ignominious close a decade of Republican attacks on American health care,’ the group said.” [The Hill, 6/17/21]

New York Times: Republicans Wave The White Flag On Health Care (for Now). “‘Hopefully, this will be the end of the line,’ said Brad Woodhouse, the executive director of the liberal group Protect Our Care and one of many Democrats who took a victory lap after the Supreme Court’s ruling on Thursday. ‘If Republicans continue to do this, they are likely to continue to lose elections on this issue’.” [New York Times, 6/18/21]

NBC News: Supreme Court Ruling on Obamacare Brings Relief, Hope to Patients. “Leslie Dach, who was a senior counselor at the Department of Health and Human Services during the Obama administration, founded the liberal group Protect Our Care to defend the law’s public image and fight the many legal challenges against it. He said that the group will continue the efforts but that it is refocusing its energies to push to make the American Rescue Plan subsidies permanent, create a federal solution to expand Medicaid in resistant states and lower the price of drugs. ‘We’ve been arguing for this agenda, as have others, because we have this once-in-a-decade opportunity to move forward,’ Dach said, ‘but this now clears the path and hopefully puts the wind in the back of those sails’.” [NBC, 6/17/21]

Axios: The Obamacare Wars End In A Whimper. “Democrats have shifted the health care debate toward bigger, more direct forms of government coverage, and Republicans — still without much of a platform of their own — have in turn channeled their energy into attacking Medicare for All, rather than the ACA.” [Axios, 6/18/21]

Politico: Obamacare Now Appears Safe. The Battle Over Its Future Continues. “The ruling will give new energy to Democratic efforts to build on Obamacare, through richer insurance subsidies and potentially a public option.” [Politico, 6/17/21]

The Hill: ‘It’s Still A BFD’: Democrats Applaud Ruling Upholding ObamaCare. “Health experts have recently noted that the policy has proved to be a substantial resource for Americans who lost health care coverage amid job losses during the coronavirus pandemic. The Biden administration announced recently that a total of 31 million Americans were covered under ObamaCare.” [The Hill, 6/17/21]

The Hill: Five Takeaways On The Supreme Court’s Obamacare Decision. “With the ACA further entrenched, and control of the House, Senate and White House, Democrats are looking at ways to build on the health law. Allowing the government to negotiate lower drug prices also could make it into the package.” [The Hill, 6/17/21]

NBC: What Now? Congress Eyes New Era Of Health Policy After Obamacare Survives. “Progressive Democrats are pushing to use President Joe Biden’s economic package to allow Medicare to negotiate drug prices and to expand the program by lowering the eligibility age to less than 65 and adding benefits like dental care, eyeglasses and hearing aids.” [NBC, 6/17/21]

CNN (Video): Obamacare Has Survived Over 2000 Attempts To Kill It. “CNN’s John Avlon looks at the many hurdles that the Affordable Care Act has had to overcome. Despite all the attempts to repeal it, the latest Supreme Court ruling saved it again, the ACA remains the law.” [CNN, 6/17/21]

AP News: GOP Needs New Health Care Target; ‘Obamacare’ Survives Again. “Thursday’s 7-2 ruling was the third time the court has rebuffed major GOP challenges to former President Barack Obama’s prized health care overhaul. Stingingly for Republicans, the decision emerged from a bench dominated 6-3 by conservative-leaning justices, including three appointed by President Donald Trump.” [AP News, 6/18/21]

The Pink Report News. Obama Brags About Supreme Court Ruling – ‘The Affordable Care Act Is Here To Stay’. “The Democratic group Protect Our Care, which was founded to fight GOP repeal efforts in 2017, was quick to celebrate the ruling. ‘The Supreme Court Has Spoken: The Affordable Care Act Is the Law of the Land,” the group said, adding that the decision “brings to an ignominious close a decade of Republican attacks on American health care’.” [The Pink Report News, 6/18/21]

ARIZONA

Gila Herald: O’Halleran Issues Statement Regarding Supreme Court Ruling in Favor of ACA. “‘Today, in a 7-2 ruling, the Supreme Court delivered a massive repudiation on the Republican war on health care…By throwing the lawsuit out on standing, the court protected the health care coverage of more than 20 million Americans and prevented more than 135 million people with pre-existing conditions from losing the protections they rely on, and many other key ACA provisions.’” [Gila Herald, 6/17/21]

ABC 15: U.S. Supreme Court Upholds the Affordable Care Act, Third Time a Republican-led Challenge Has Failed. “Other provisions of the A.C.A. like parents being able to keep their children on their health insurance until the age of 26, and either drop or require people with pre-existing conditions to pay more. ‘The U.S. Supreme Court has really had the back of the opponents of A.C.A.’ said Humble.” [ABC 15, 6/17/21]

FLORIDA

Florida Politics: Nikki Fried, Lori Berman Slam Ashley Moody’s Failed Obamacare Challenge. “The high court, in a 7-2 decision, contended that a collection of states, including Florida, lacked standing to challenge the law. Fried, on a press call for the pro-ACA group Protect Our Care, hailed the decision, and castigated Attorney General Ashley Moody for what she called a ‘shameful’ choice to join the challenge to the Obama-era health care law.” [Florida Politics, 6/17/21]

The Palm Beach Post: Florida Democrats Hail Supreme Court Obamacare Ruling That Deals GOP Defeat. “A years-long legal battle waged against the Affordable Care Act by Republican leaders in states such as Florida ended in a resounding defeat Thursday. The Supreme Court ruled 7-2 against a legal challenge filed by the Trump administration to void the law. Instead, the high court left the law, known broadly as Obamacare, intact and in place. Florida Democrats, who have long railed against efforts to strike down the law in the courts, hailed the victory.” [The Palm Beach Post, 6/17/21]

WUSF Public Media: Florida Democrats, ACA Advocates Embrace Supreme Court Ruling. “The high court on Thursday rejected a challenge by Florida and 17 other states to the Affordable Care Act, leaving intact the law that has helped more than 2 million Floridians obtain subsidized health insurance this year.” [WUSF Public Media, 6/18/21]

WMFE: Florida Leads U.S. In People Insured By Obamacare Plans. “More than 2 million Florida residents have gotten subsidized health insurance through the federal marketplace at healthcare.gov. Florida has the most people enrolled in these plans in the US….The court has upheld the law three times.” [WMFE, 6/18/21]

OHIO

Gongwer Ohio: Ohioans Weigh In After High Court Again Allows Obamacare To Stand. “The nation’s highest court on Thursday declined for the third time to strike down the Affordable Care Act. In a 7-2 decision, the U.S. Supreme Court found several Republican attorneys general and two individuals that filed the lawsuit seeking to have the health care law deemed unconstitutional in its entirety lacked standing.” [Gongwer Ohio, 6/17/21]

NBC4 Columbus: Supreme Court Rejects Challenge to Obamacare. “The justices, by a 7-2 vote, left the entire law intact Thursday in ruling that Texas, other Republican-led states and two individuals had no right to bring their lawsuit in federal court.” [NBC4 Columbus, 6/17/21]

WEST VIRGINIA

Metro News: US Supreme Court Upholds ‘Obamacare’ in GOP-led Challenge. “The U.S. Supreme Court on Thursday dismissed a third challenge to former President Barack Obama’s health care law, ruling 18 Republican states — including West Virginia — and individual plaintiffs lacked standing in their legal efforts.” [Metro News, 6/17/21]

West Virginia Public Broadcasting: U.S. Supreme Court Upholds Affordable Care Act, a Loss For W.Va.’s Attorney Gen. “The U.S. Supreme Court on Thursday dismissed a case seeking to dismantle the Affordable Care Act, also known as Obamacare. Eighteen Republican-led states, including West Virginia, signed on to a case to get rid of the ACA.” [West Virginia Public Broadcasting, 6/17/21]

WISCONSIN

Wisconsin Examiner: Relief, Applause Greets Supreme Court Ruling That Leaves ACA Intact. “Wisconsin officials and health care activists welcomed the U.S. Supreme Court’s ruling Thursday that upheld the Affordable Care Act (ACA), keeping in place the 11-year-old law that has expanded access to health insurance. The court ruled 7-2 that the plaintiffs had no right to bring the case.” [Wisconsin Examiner, 6/18/21]

UpNorthNews: Supreme Court Upholds Obamacare Again, Saving Health Coverage for 2.4 Million in Wisconsin. “The suit sought to invalidate the entire law based on the law’s individual insurance mandate, which previously carried a tax penalty for uninsured people. Congress lowered the penalty to $0 in 2018. The Supreme Court rejected the challenge on a 7-2 vote, with Trump-appointed justices Brett Kavanaugh and Amy Coney Barrett joining the majority.” [UpNorthNews, 6/17/21]

Today, the Supreme Court delivered a massive repudiation to the Republican war on health care by throwing California v. Texas, the Trump-backed lawsuit seeking to overturn the Affordable Care Act, out on standing. Statements from Democratic leaders and health care advocates make clear that the decision to affirm the ACA only increases the momentum behind President Biden’s and Democrats as they work to deliver on their health care agenda that voters across the political spectrum support. Now is the time to build on the ACA to lower health care and drug costs, increase coverage, and reduce disparities in health care. 

President Joe Biden: It Is Time To Move Forward And Keep Building On This Landmark Law. “After more than a decade of attacks on the Affordable Care Act through the Congress and the courts, today’s decision – the third major challenge to the law that the U.S. Supreme Court has rejected – it is time to move forward and keep building on this landmark law.” [6/17/21]

Former President Barack Obama: Now We Need To Build On The Affordable Care Act And Continue To Strengthen And Expand It. “Today, the Supreme Court upheld the Affordable Care Act. Again. This ruling reaffirms what we have long known to be true: the Affordable Care Act is here to stay. The principle of universal coverage has been established, and 31 million people now have access to care through the law we passed—with millions more who can no longer be denied coverage or charged more because of a preexisting condition. Now we need to build on the Affordable Care Act and continue to strengthen and expand it. That’s what Biden has done through the American Rescue Plan, giving more families the peace of mind they deserve.” [6/17/21]

House Speaker Nancy Pelosi: Democrats Will Continue Our Work To Build On The Transformational Progress Of The Affordable Care Act And Make Permanent The Measures In The American Rescue Plan To Dramatically Lower The Cost Of Health Insurance Premiums. “More than one million Americans have signed up for affordable health coverage through the ACA Special Enrollment Period that President Biden opened earlier this year. Now, Democrats will continue our work to build on the transformational progress of the Affordable Care Act and make permanent the measures in the American Rescue Plan to dramatically lower the cost of health insurance premiums for people who purchase coverage on their own. For The People, we will lower health costs and prescription drug prices for all Americans.” [6/17/21]

Senate Majority Leader Chuck Schumer: The ACA Is Here To Stay. And Now, We’re Going To Try To Make It Bigger And Better—Establish, Once And For All, Affordable Health Care As A Basic Right Of Every American Citizen. “Ever since Democrats passed the Affordable Care Act—expanding health coverage and access to tens of millions of Americans—we have had to fight tooth and nail to preserve the law from partisan Republican attacks. For more than a decade, the assault on our health care law was relentless, from Republicans in Congress, from the executive branch itself, and from Republican attorneys general in the courts. In a landmark vote, we in the Senate prevented the Republicans from repealing the ACA in 2017. Each time, in each arena, the Affordable Care Act has prevailed. And once again today, the United States Supreme Court, in a 7-2 ruling, upheld the Affordable Care Act in the face of another legal challenge. So let me say definitively: the Affordable Care Act has won. The Supreme Court has just ruled: the ACA is here to stay. And now, we’re going to try to make it bigger and better—establish, once and for all, affordable health care as a basic right of every American citizen. What a day.” [6/17/21]

HHS Secretary Xavier Becerra: Now We Can Build On The Affordable Care Act By Implementing The Investments That President Biden Has Made In America’s Health With The American Rescue Plan And Through The Expanded Special Enrollment Period. “I will continue to stand up and stand with you to protect access to affordable health care. The COVID-19 public health emergency has underscored the importance of safeguarding this life-saving law and it is only fitting that the Supreme Court recognized its lawfulness. Now we can build on the Affordable Care Act by implementing the investments that President Biden has made in America’s health with the American Rescue Plan and through the expanded Special Enrollment Period. Every American should have access to the tools they need to lead healthy, full lives.” [6/17/21]

U.S. Senator Patty Murray (D-WA), Chair Of HELP Committee: We Must Seize This Opportunity To Build On Past Progress In Health Care With Bold Solutions.” “With this existential threat to the health coverage and protections so many people rely on finally put to rest, and a President who actually believes health care should be a right not a privilege finally back in the White House—we must seize this opportunity to build on past progress in health care with bold solutions. We need to bring down costs for patients and move toward universal coverage, and I plan to work with President Biden and my colleagues on bold steps to do just that—like empowering Medicare to negotiate lower drug prices, expanding eligibility for Medicare to more people, making the premium tax credit increases in the American Rescue Plan permanent, and establishing a public option to allow all families to get quality, affordable coverage.” [6/17/21]

U.S. Senator Ron Wyden (D-OR), Chair Of Finance Committee: It Is My Hope That Moving Forward We Can Trade Litigation for Innovation and Come Together Around the Idea That Every American Should Have Quality, Affordable Health Care. “The Supreme Court affirmed today that health insurance is not just for the healthy and wealthy and that denying coverage to those who need it most has no place in the United States. I think it is unfortunate that instead of looking for ways to better guarantee health care for their citizens, some states have focused only on repealing a law that would have guaranteed additional care. I authored Section 1332 of the Affordable Care Act to give states who think they can do better than the federal government the ability to innovate their own state-based health solutions and even opt out of the federal individual mandate. It is my hope that moving forward we can trade litigation for innovation and come together around the idea that every American should have quality, affordable health care.” [6/17/21]

U.S. Senator Bob Casey (D-PA), Chair Of Aging Committee: It’s Time To Make The Changes In The American Rescue Plan Permanent And Build On The Affordable Care Act To Expand Coverage And Bring Down Costs For Working Families. “Republicans in Congress and far right Attorneys General have once again failed in their attempt to rip health care away from millions of Americans and decimate Medicaid. It’s past time for those Republicans who keep bringing these frivolous lawsuits finally to stop these attacks on affordable health care. It’s time to make the changes in the American Rescue Plan permanent and build on the Affordable Care Act to expand coverage and bring down costs for working families.” [6/17/21]

U.S. Representative Frank Pallone (D-NJ-06), Chair Of Energy And Commerce Committee: Now That The Case Is Settled, Our Focus Must Return To Building On The ACA By Lowering Health Care Costs And Expanding Access To Care To The Millions Of Americans Who Still Lack Coverage. “The stakes could not have been higher in this case. If the Supreme Court had overturned the ACA, tens of millions of Americans would have lost their health coverage in the middle of a pandemic and up to 130 million Americans would have lost their protections for pre-existing conditions overnight. Now that the case is settled, our focus must return to building on the ACA by lowering health care costs and expanding access to care to the millions of Americans who still lack coverage. The American Rescue Plan made a historic down payment on these goals and now Congress must build on that progress by making the expanded premium assistance permanent, expanding Medicaid coverage to those who lack access through no fault of their own, and reining in the soaring cost of prescription drugs.” [6/17/21]

U.S. Representative Richard Neal (D-MA-01), Chair Of Ways And Means Committee: We Will Also Continue Fighting To Ensure That Every American Has Access To High-Quality, Affordable Health Care. “Over the years, Republicans have relentlessly attacked and sabotaged the ACA, all while failing to offer any alternative plan to provide Americans with comparable access to coverage. Meanwhile, Democrats have never stopped working to build on the law and deliver even lower health care costs for working families. Just this past year, as part of the Ways and Means Committee’s provisions in the American Rescue Plan, we led the first major expansion of ACA subsidies in more than a decade, giving Americans an even greater sense of security during this time of immense hardship. Our progress has been substantial, but our work is far from done. Not only will Ways and Means Democrats defend against any future Republican attempts to upend our nation’s health care system, but we will also continue fighting to ensure that every American has access to high-quality, affordable health care.” [6/17/21]

U.S. Representative Bobby Scott (D-VA-03), Chair Of Education and Labor Committee: I Will Not Only Continue To Protect These Lifesaving Protections From Partisan Attacks, But We Will Also Work To Expand Access And Reduce Costs. “As we continue to confront the worst public health emergency in recent history, our first priority must be to protect Americans’ health and wellbeing. This frivolous legal challenge – brought by a group of Republican Attorneys General and supported by the Trump administration – is the latest example of Republicans’ relentless effort to sabotage and dismantle our nation’s health care system. My colleagues and I will not only continue to protect these lifesaving protections from partisan attacks, but we will also work to expand access and reduce costs. Our goal is to ensure that every American has access to high-quality, affordable health care.” [6/17/21]

U.S. Senator Chris Murphy (D-CT): Now, We Have To Move Forward And Ensure All Americans Have Access To Affordable, High-Quality Health Care. “Today’s ruling is a huge victory for the millions of Americans who rely on the Affordable Care Act (ACA) for protections and coverage. And it should settle the debate once for all—the ACA is the law of the land, and Republicans need to end their relentless attacks on our health care system. Now, we have to move forward and ensure all Americans have access to affordable, high-quality health care. And letting any individual or business buy into Medicare is a popular, effective and fast way to do this. I’m going to be pushing my colleagues in Congress to get this done.” [6/17/21]

U.S. Senator Tammy Baldwin (D-WI): Let’s Get To Work To Expand Access To Quality, Affordable Coverage, Lower Prescription Drug Costs, And Take Meaningful Steps To Address Racial Disparities In Health Outcomes. “The Affordable Care Act is the law of the land, despite all the attempts to repeal it. Now, let’s get to work to expand access to quality, affordable coverage, lower prescription drug costs, and take meaningful steps to address racial disparities in health outcomes.” [6/17/21]

U.S. Representative Lauren Underwood (D-IL-14): Now Is The Time To Strengthen [The ACA]. We Must Make My Health Care Affordability Act Permanent, So Americans Have Access To The Quality, Affordable Care They Deserve. “Since the Affordable Care Act was passed, Republicans have worked breathlessly to repeal the law and take health care away from millions of Americans who depend on it. Today, once again, the Supreme Court upheld the ACA as the law of the land. The Affordable Care Act is protecting a record number of Americans—now is the time to strengthen it. We must make my Health Care Affordability Act permanent, so Americans have access to the quality, affordable care they deserve.” [6/17/21]

U.S. Representative Colin Allred (D-TX-32): Now It’s Time To Get To Work To Improve Our Health Care System For Everyone. “I’ve been working hard to stop the sabotage of the ACA since day one. This decision by the Supreme Court is a win for our country and a sigh of relief for those who depend on it. Now it’s time to get to work to improve our health care system for everyone.” [6/17/21]

Mary Kay Henry, SEIU President: Now It Is Time To Finally Turn The Page Once And For All. Instead Of Trying To Take Healthcare Away From Tens Of Millions Of People, Republican Members Of Congress Need To Join Efforts That Will Make Healthcare More Affordable And Accessible. “Now it is time to finally turn the page once and for all. Instead of trying to take healthcare away from tens of millions of people, Republican members of Congress need to join efforts that will make healthcare more affordable and accessible. That means working across the aisle to address the overlapping health, economic and racial crises working people are facing with Black, brown and indigenous communities.” [6/17/21]

Maura Calsyn, Center For American Progress Acting Vice President Of Health Policy: It’s Time For Our Leaders To Work Together To Build On The Law—Not Take It Away— By, Among Other Reforms, Creating An Affordable Coverage Option For People In The Medicaid Gap, Lowering Prescription Drug Prices; Combating Racial Disparities In The Health Care System; And Addressing The Mental Health Crisis Brought To The Fore By The Covid-19 Pandemic. “The ACA provides coverage for 31 million Americans and has improved the health and financial security for tens of millions of people with preexisting conditions. After more than a decade of lawsuits, it is still standing and stronger than ever thanks to the American Rescue Plan and President Joe Biden’s decisive leadership. It’s time for our leaders to work together to build on the law—not take it away— by, among other reforms, creating an affordable coverage option for people in the Medicaid gap, lowering prescription drug prices; combating racial disparities in the health care system; and addressing the mental health crisis brought to the fore by the COVID-19 pandemic.” [6/17/21]

Mara Youdelman, National Health Law Program Managing Attorney: We Have The Opportunity To Build On The ACA’s Successes And Strengthen It To Make Health Care More Affordable And Accessible. “The ACA has been the law of the land for over a decade, and it has been an incredible force for good in the United States. At the same time, we need to look forward. We have the opportunity to build on the ACA’s successes and strengthen it to make health care more affordable and accessible. We appreciate the first steps Congress and the Biden-Harris Administration took to reduce costs for marketplace plans. Yet deep health inequities and systematic racism continue to exist, and we must act now to address them. Inaction is not an option. [6/17/21]

Anushka Sarkar, Health Care Voter Spokesperson: We Hope To Continue the Momentum From This Decision In An Effort To Make Sure Every American Has High-Quality Health Care Coverage. “Today’s Supreme Court decision strengthens the viability of the Affordable Care Act more than 11 years after its passage. While the fight for affordable and accessible health care is not over, we hope to continue the momentum from this decision in an effort to make sure every American has high-quality health care coverage. We’ve already seen this administration take steps in that direction by reopening the health care marketplace and expanding subsidies as we continue to fight the pandemic. With this decision, we hope Republicans will end their dangerous political games and finally acknowledge that giving people health care is a good thing.” [6/17/21]

Margarida Jorge, Health Care For America Now Executive Director: Congress Must Continue To Build On The ACA, Starting With Closing The Medicaid Coverage Gap And Making Permanent The Affordability Increases In The ACA’s Premium Tax Credits Passed Under The American Rescue Plan. “Despite today’s ruling, there’s still a lot of work to ensure everyone in America can get access to affordable health care. Congress must continue to build on the ACA, starting with closing the Medicaid coverage gap and making permanent the affordability increases in the ACA’s premium tax credits passed under the American Rescue Plan.” [6/17/21]

Experts Explain What Today’s Resounding Decision to Uphold the ACA Means for Millions of Families Nationwide

Historic Victory for the American People a Final Repudiation of Trump-Republican War on Health Care

Listen to the Call Here

Washington, DC — Today, U.S. Senator Bob Casey (D-PA), former HHS Secretary Kathleen Sebelius, and Supreme Court expert Andy Pincus joined Protect Our Care to react to the Supreme Court decision in California v. Texas, the Trump-Republican lawsuit to overturn the Affordable Care Act. In an 7-2 ruling, the Supreme Court delivered a massive repudiation to the Republican war on health care. By throwing the Trump-backed lawsuit out on standing, the court protected the health care coverage of more than 20 million Americans, prevented more than 135 million people with pre-existing conditions from losing the protections they rely on, and reaffirmed dozens of other important provisions of the landmark health care law. 

Today’s decision should mean the end of the road for Republicans’ endless attacks on the law and increases the momentum behind President Biden’s and the Democratic majorities in Congress to deliver on their health care agenda: building on the ACA to lower health care and drug costs, increase coverage, and reduce disparities in health care. 

“Republicans in Congress and far right Attorneys General have once again failed in their attempt to rip health care away from millions of Americans and decimate Medicaid,” said U.S. Senator Bob Casey (D-PA). “It’s past time for those Republicans who keep bringing these frivolous lawsuits finally to stop these attacks on affordable health care. It’s time to make the changes in the American Rescue Plan permanent and build on the Affordable Care Act to expand coverage and bring down costs for working families.”

“It’s a very important day for Americans,” said former HHS Secretary Kathleen Sebelius. “We’re in the middle of open enrollment, and what we know is more people than ever before are signing up — reaffirming the importance of both the marketplaces across this country and Medicaid expansion. The ACA has transformed the lives of over 31 million people. I think that the decision today will give confidence to folks who may have been hesitant that they should indeed take advantage of the wonderful improvements made to the ACA in the Biden administration. I hope we all roll up our sleeves and from now until August 15 make sure we get the word out loud clearly that the ACA is very much alive and well. This is a very, very good day.” 

“For the third time, the Supreme Court upheld the Affordable Care Act and its protections for millions of Americans. First the court upheld the law 5-4, then 6-3, and now 7-2 – making clear that the ACA is the law of the land,” said Supreme Court expert Andy Pincus. “The bottom line here is that the Court’s decision sends a clear message that the ACA is alive and well. The time for legal challenges for the Affordable Care Act is over.” 

“Today’s decision proves what legal experts and scholars have warned from the beginning: this was a bogus lawsuit driven by nothing other than Republicans’ animosity for affordable health care. Donald Trump and Republican lawmakers have been relentless in their quest to overturn the ACA, and when they failed to do so in Congress, they turned to this illegitimate effort to rip health care away from tens of millions of Americans,” said Protect Our Care Executive Director Brad Woodhouse. “Once and for all, Republicans can put their war on health care to rest. The ACA is here to stay.” 

“Today marks a historic victory for the American people. Once again, the Supreme Court has ruled that the ACA is the law of the land — a final repudiation of the Republican war on health care. Repeal is dead, the ACA is widely popular, and people are relying on the law now more than ever,” said Protect Our Care Chair Leslie Dach. “Now 31 million people can rest knowing that their health care is protected, and President Biden and Congress can work to meet the demands of voters across the political spectrum to build on the law by lowering costs, expanding coverage, and reducing racial inequities in care.”