News

This month, and as early as Monday, the Supreme Court is set to rule on California v. Texas, former President Trump’s signature lawsuit seeking to overturn the entire Affordable Care Act (ACA), end its protections for 135 million Americans with pre-existing conditions and rip health care away from more than 20 million Americans. Despite President Biden’s overwhelming support for the health care law, 18 red states remain on the lawsuit to finish the job and throw the entire health system into chaos. As we are still recovering from the health and economic fallout of the coronavirus pandemic, the future of our health care is at stake.

This ruling will come after President Biden signed the American Rescue Plan into law, which dramatically lowered health care costs for millions of people purchasing coverage on the ACA marketplaces. Experts say that as many as 25 million Americans stand to gain coverage or see their health care costs reduced under this historic legislation. In fact, nearly seven million uninsured people can now purchase an ACA plan with no monthly premium at all. And thanks to President Biden opening a special enrollment period, more than one million people have already been able to gain coverage since February. Striking down the health care law could be especially disastrous as Americans are relying on the ACA now more than ever. 

Special Online Resources:

State-specific fact sheets on impact of the Texas lawsuit

State-specific fact sheets on the American Rescue Plan

Fact Sheet On The Trump Lawsuit To Overturn ACA

What Abolishing The ACA Means: 

• GONE: Protections for 135 million Americans with pre-existing conditions. The uninsured rate will increase by 69 percent. 
• GONE: Medicaid expansion, which covers more than 15 million people. 
• GONE: Nearly 12 million seniors will have to pay more for prescription drugs because the Medicare ‘donut hole’ will be reopened.
• GONE: 2.3 million adult children will no longer be able to stay on their parents’ insurance. 
• GONE: Insurance companies will be able to charge women 50 percent more than men.
• GONE: Financial assistance that helps 9 million people purchase health care in the marketplace.
• GONE: Key support for rural hospitals. 
• GONE: Ban on insurance companies having lifetime caps on coverage.
• GONE: Requirements that insurance companies cover prescription drugs and maternity care.
• GONE: 60 million Medicare beneficiaries will face higher costs and disruptions to their medical care.

If Republicans Get Their Way, More Than 20 Million People Would Lose Their Coverage

• 21 Million People Would Lose Coverage. Estimates from the Urban Institute show that 21.1 million people would lose coverage if the Supreme Court overturns the ACA. As the uninsured rate swells, so will the amount of uncompensated care, which Urban predicts will grow by at least 74 percent.
• The Uninsured Rate Would Increase By 69 Percent. According to estimates from the Urban Institute, the number of uninsured Americans would increase from 30.8 million to 51.9 million without the ACA, representing a 69 percent increase in the uninsured rate. Americans of all ages would be impacted by coverage losses:
• 1.7 million children would become uninsured, an increase of 48 percent. 
• 4.9 million young adults aged 19 to 26 would become uninsured, an increase of 76 percent. 
• 8.8 million adults aged 27 to 49 would become uninsured, an increase of 60 percent.  
• 5.6 million million older adults aged 50 to 64 would become uninsured, an increase of 95 percent. 
• States Would Lose Important Federal Health Care Funding — an estimated reduction of $152 billion in the first year. The Urban Institute estimates that a full repeal of the ACA would reduce federal spending on health care by $152 billion per year beginning in 2022.

Overturning The ACA Would Exacerbate Racial Disparities In Coverage

The uninsured rate for Black Americans would spike to 20 percent, 24 percent for American Indian/Alaska Natives, 19 percent for Asian/Pacific Islanders, and 30 percent for Hispanics — compared to 15 percent for white Americans. 

• 3.1 Million Black Americans Would Lose Coverage. The Urban Institute estimates that 3.1 million Black Americans would become uninsured if the ACA were overturned. According to the Center on Budget and Policy Priorities, the ACA helped lower the uninsured rate for nonelderly African Americans by more than one third between 2013 and 2016 from 18.9 percent to 11.7 percent. 
• 5.4 Million Latinos Would Lose Coverage. The percentage of people gaining health insurance under the ACA was higher for Latinos than for any other racial or ethnic group in the country. According to a study from Families USA, 5.4 million Latinos would lose coverage if the lawsuit succeeds in overturning the ACA.
• 1.3 Million Asian/Pacific Islanders Would Lose Coverage. 1.3 million Asian/Pacific islanders would become uninsured if the ACA were overturned, according to estimates from the Urban Institute. Research shows the ACA cut uninsurance rates among Asian Americans by more than half–from nearly 20 percent to just under 8 percent– eliminating coverage disparities with white Americans.
• 488,000 American Indians And Alaska Natives Would Lose Coverage. According to the Urban Institute, the uninsurance rate for American Indians and Alaska Natives would more than double in 10 states if the ACA is overturned. Nationwide, 488,000 would lose coverage. 

Republicans Want To Put Insurance Companies Back In Charge, Ending Protections For The 135 Million People With A Pre-Existing Condition

• According to an analysis by the Center for American Progress, roughly half of nonelderly Americans, or as many as 135 million people, have a pre-existing condition. This includes:
  • 44 million people who have high blood pressure
  • 45 million people who have behavioral health disorders
  • 44 million people who have high cholesterol
  • 34 million people who have asthma and chronic lung disease
  • 34 million people who have osteoarthritis and other joint disorders

• More than 17 million children, 68 million women, and 32 million people aged 55-64 have a pre-existing condition.

Republicans Want To Give Insurance Companies The Power To Deny Or Drop Coverage Because Of A Pre-Existing Condition

Before the Affordable Care Act, insurance companies routinely denied people coverage because of a pre-existing condition or canceled coverage when a person got sick. Now insurance companies could have the license to do this again. 

• A 2010 congressional report found that the top four health insurance companies denied coverage to one in seven consumers on the individual market over a three year period. 
• A 2009 congressional report found that some of the largest insurance companies had retroactively canceled coverage for 20,000 people over the previous five year period.
• The Kaiser Family Foundation estimates that 54 million people, or 27% of adults aged 18 to 64, have a condition that would have been grounds for coverage denial in the pre-ACA marketplace. 

Coronavirus Could Now Be Considered A Pre-Existing Condition. Without the ACA, millions of Americans who have contracted the coronavirus would likely be deemed as having a pre-existing condition and be at the mercy of their insurance companies who could refuse to pay for needed care. 

Conditions That Could Cost You Your Care: AIDS/HIV Alcohol/drug Abuse Cerebral Palsy Cancer Heart Disease Diabetes Epilepsy Kidney Disease Epilepsy Sleep Apnea Pregnancy Muscular Dystrophy Depression Eating Disorders Bipolar Disorder

Jobs You Could Be Denied Coverage Because Of: Active military personnel Air traffic controllers Body guards Pilots Meat packers Taxi cab drivers Steel metal workers Law enforcement  Oil and gas exploration Scuba divers

Medications That You Could Be Denied Health Care For Taking: Anti-arthritic medications Anti-diabetic medications (including insulin) Anti-cancer medications Anti-coagulant and anti-thrombotic medications Medication for autism Anti-psychotics Medications for HIV/AIDS Growth hormone Medication used to treat arthritis, anemia, and narcolepsy Fertility Medication

Source: Kaiser Family Foundation

Republicans Want To Give Insurance Companies The Power To Charge You More, While Their Profits Soar

• Premium Surcharges Could Once Again Be In The Six Figures. Without the ACA, insurance companies could once again charge people more because of a pre-existing condition. The House-passed repeal bill had a similar provision, and an analysis by the Center for American Progress found that insurers could charge up to $4,270 more for asthma, $17,060 more for pregnancy, $26,180 more for rheumatoid arthritis and $140,510 more for metastatic cancer.
• Women Could Be Charged More Than Men For The Same Coverage. Prior to the ACA, women were often charged premiums on the nongroup market up to 50 percent higher than men were charged for the same coverage. 
• People Over The Age of 50 Would Face A $4,000 “Age Tax.” Overturning the ACA means insurance companies could charge people over 50 more than younger people. The Affordable Care Act limited the amount older people could be charged to three times more than younger people. If insurers were to charge five times more, as was proposed in the Republican repeal bills, that would add an average “age tax” of $4,124 for a 60-year-old in the individual market, according to the AARP.
• Nine Million People In The Marketplaces Would Pay More For Coverage. Without the ACA, consumers would no longer have access to tax credits that help them pay their marketplace premiums, meaning roughly nine million people who receive these tax credits to pay for coverage would have to pay more.
• Seniors Would Have To Pay More For Prescription Drugs. Without the ACA, seniors would have to pay more for prescription drugs because the Medicare “donut” hole would be reopened. From 2010 to 2016, “More than 11.8 million Medicare beneficiaries have received discounts over $26.8 billion on prescription drugs – an average of $2,272 per beneficiary,” according to a January 2017 Centers on Medicare and Medicaid Services report.
• 60 Million Medicare Beneficiaries Could Face Higher Costs. In addition to paying more for preventive care and prescription drugs, Medicare beneficiaries could face higher premiums without the cost-saving measures implemented under the ACA. Without the ACA, seniors would also face less coordinated care. 
• Insurance Companies Would Not Have To Provide The Coverage You Need. The Affordable Care Act made comprehensive coverage more available by requiring insurance companies to include “essential health benefits” in their plans, such as maternity care, hospitalization, substance abuse care and prescription drug coverage. Before the ACA, people had to pay extra for separate coverage for these benefits. For example, in 2013, 75 percent of non-group plans did not cover maternity care, 45 percent did not cover substance abuse disorder services, and 38 percent did not cover mental health services. Six percent did not even cover generic drugs.

Republicans Want To Give Insurance Companies The Power To Limit The Care You Get, Even If You Have Insurance Through Your Employer

• Insurers Could Reinstate Lifetime And Annual Limits On 109 Million Privately Insured Americans. Repealing the Affordable Care Act means insurance companies would be able to impose annual and lifetime limits on coverage for those insured through their employer or on the individual market. In 2009, nearly 6 in 10 (59%) covered workers’ employer-sponsored health plans had a lifetime limit, according to the Kaiser Family Foundation. 
• 138 Million Americans Could Once Again Have To Pay For Preventive Care. Because of the ACA, health plans must cover preventive services — like flu shots, cancer screenings, contraception, and mammograms – at no cost to consumers. This includes nearly 138 million Americans, most of whom have employer coverage.
• Employers Could Eliminate Out-Of-Pocket Caps, Forcing Employees To Pay More For Care. Under the ACA, health insurers and employer group plans must cap the amount enrollees pay for health care each year. If the law is overturned, these cost-sharing protections would be eliminated. The ACA also barred employer plans from imposing waiting periods for benefits that last longer than three months.

Republicans Want To End Medicaid Expansion

• More Than 15 Million People Enrolled Through Medicaid Expansion Would Lose Coverage. Before the coronavirus crisis, roughly 15 million people were enrolled through Medicaid expansion. 
• Medicaid Plays A Critical Role In The Coronavirus Response. An estimated 14 million people have lost their employer-sponsored coverage as a result of the pandemic, and states are reporting steep increases in Medicaid enrollment. The Center on Budget and Policy Priorities found that roughly 6 million people enrolled in Medicaid between February and July 2020.  
• Access To Treatment Would Be In Jeopardy For 800,000 People With Opioid Use Disorder. Roughly four in 10, or 800,000 people with an opioid use disorder are enrolled in Medicaid. Many became eligible through Medicaid expansion.
• Key Support For Rural Hospitals Would Disappear, with uncompensated care costs for hospitals rising by $17.4 billion in 2022. 

Republicans Are Willing To Sacrifice Your Care For More Tax Cuts For The Wealthy

• The Richest Americans Would See Tax Cuts Averaging $200,000. Overturning the ACA would cut taxes for the top 0.1 percent of earners by an average of $198,000.
• Drug Companies Would Save Billions. If the ACA is struck down, pharmaceutical companies would pay $2.8 billion less in taxes each year.
• Repeal Would Weaken The Medicare Trust Fund. A significant portion of the tax cuts resulting from ACA repeal would come “at the direct expense of the Medicare Trust Fund,” according to the Center on Budget and Policy priorities.

***MEDIA ADVISORY FOR THURSDAY, JUNE 3 AT 3:00 PM MT // 6:00 PM ET***

TODAY: Health Care Advocates and Storytellers React to New Poll Showing Arizonans’ Broad Support for Prescription Drug Reform

West Health Poll Shows Strong Support For Medicare Negotiation Among Voters in Arizona

On Thursday, June 3 at 3:00 PM MT // 6:00 PM ET, Protect Our Care will host a virtual press conference to discuss a new poll conducted by Global Strategies Group on behalf of West Health showing health care is a top priority for Arizona voters. Lowering prescription drug prices in particular remains a priority for voters, with an overwhelming majority reporting that they support giving Medicare the power to negotiate prescription drug prices for all Americans. The poll also shows that voters reject drug companies’ arguments on innovation.

Protect Our Care recently launched The Campaign to Reduce Drug Prices, a seven-figure investment to demonstrate the urgent need for comprehensive legislation to lower drug prices. Protect Our Care will host events both nationally and in 12 key states, including Arizona, throughout the summer. 

PRESS CALL:

WHO:
State Senator Kirsten Engel, Arizona’s 10th Legislative District
Brad Woodhouse, Executive Director of Protect Our Care
Iesha Meza, Arizona Advocate and Type 1 Diabetic
Morgan Tucker, Arizona Protect Our Care

WHAT: Press Call About New Poll Showing Arizonans’ Broad Support for Prescription Drug Reform

WHERE: Register for the Event Here

WHEN: Thursday, June 3 at 3:00 PM MT // 6:00 PM ET

***MEDIA ADVISORY FOR WEDNESDAY, JUNE 2***

TODAY: Health Care Advocates and Storytellers React to New Poll Showing Broad Support for Prescription Drug Reform

West Health Poll Shows Strong Support For Medicare Negotiation Among Voters in West Virginia and New Jersey

On June 2, Protect Our Care will host two virtual press conferences to discuss a new poll conducted by Global Strategies Group on behalf of West Health showing health care is a top priority for West Virginia and New Jersey voters. Lowering prescription drug prices in particular remains a priority for voters in both states, with an overwhelming majority reporting that they support giving Medicare the power to negotiate prescription drug prices for all Americans. The poll also shows that voters reject drug companies’ arguments on innovation. 

Protect Our Care recently launched The Campaign to Reduce Drug Prices, a seven-figure investment to demonstrate the urgent need for comprehensive legislation to lower drug prices. Protect Our Care will host events both nationally and in 12 key states, including West Virginia and New Jersey, throughout the summer. 

WEST VIRGINIA

WHO:
Brad Woodhouse, Executive Director of Protect Our Care
Lynette Maselli, Protect Our Care WV
State Delegate Mike Pushkin (D-Kanawha, 37)
Dr. Jessica Ice, Executive Director of West Virginians for Affordable Healthcare
Gary Zuckett, Executive Director of West Virginia Citizen Action Group
Mindy Salango, Morgantown resident, Type 1 diabetic

WHAT: Virtual Press Conference

WHERE: Register for the Event Here

WHEN: Wednesday, June 2 at 11:00 AM ET 

NEW JERSEY

WHO:
Brad Woodhouse, Executive Director of Protect Our Care
Maggie Leuzarder, Protect Our Care New Jersey
State Senator Vin Gopal, New Jersey’s 11th Legislative District
Gretchen Landenburger, Medicare patient from Cape May

WHAT: Press Call About New Poll Showing New Jerseyans’ Broad Support for Prescription Drug Reform

WHERE: Register for the Event Here

WHEN: Wednesday, June 2 at 2:30 PM ET

Last week, U.S. Senator Tammy Baldwin (D-WI) and U.S. Senator Bob Casey (D-PA) joined Governors Tom Wolf (D-PA) and Tony Evers (D-WI) for a virtual press conference highlighting the vital benefits of Medicaid expansion in Pennsylvania and calling out Wisconsin Republicans for their dangerous obstructionism and reckless opposition to the expansion. 

 

Senator Casey and Governor Wolf emphasized how Medicaid expansion in Pennsylvania has been a lifesaving program for many, including rural communities, communities of color, aging communities, and people with disabilities. On the other hand, Senator Baldwin and Governor Evers, explained what Wisconsin could gain from expanding the popular program. The call came just days after Wisconsin Republicans abruptly ended a special session of the legislature called by Gov. Evers to pass Badgercare expansion despite $1 billion in new economic investments for the state.

Pennsylvania Capital-Star: ‘It’s About America.’ Pa. Lawmakers Join Efforts To Expand Medicaid In Wisconsin.

• “U.S. Sen. Bob Casey and Pennsylvania Gov. Tom Wolf, both Democrats, have joined Wisconsin Gov. Tony Evers, a fellow Democrat, to push for expansion in the Badger State. If approved, the 91,000 residents living under 138 percent of the federal poverty level would be eligible for benefits. Current benefits are available to those living 100 percent below the threshold.” [Pennsylvania Capital-Star, 5/28/21]

WDJT: Wisconsin Republicans Criticized For Rejecting Medicaid Expansion.

• “A group of senators and governors is calling out Wisconsin Republicans for their refusal to accept Medicaid expansion. It comes after GOP lawmakers abruptly ended Governor Evers’ special session to expand the BadgerCare program this week. During a virtual event, Pennsylvania’s governor touted how Medicaid expansion has been a lifesaving program for their rural and urban communities. By not expanding Medicaid, Wisconsin lost out on $1.6 billion in federal aid.” [WDJT, 5/28/21]

Pennsylvania News Today: “That’s About America.” Pennsylvania Lawmakers Join Wisconsin’s Medicaid Expansion Effort.

• “For many years, Wisconsin Democrats have advocated the expansion of the state’s Medicaid program, BadgerCare Plus. Evers said it made sense to get out of the global pandemic, with US Senator Tammy Baldwin (D-Wisconsin) in attendance. In Pennsylvania, about one-third of children, two-thirds of older people in care facilities, and 40% of people with disabilities receive Medicaid assistance, Casey said.” [Pennsylvania News Today, 5/28/21]

WISC-TV: BadgerCare+  

WISN: Medicaid Expansion Push

WDJT: Criticism Over No Medicaid Expansion

U.S. Representatives Tim Ryan (D-OH-17), Susan Wild (D-PA-07), and Chris Pappas (D-NH-01) Headlined Events in Ohio, Pennsylvania, and New Hampshire

This week, Protect Our Care hosted events featuring U.S. Representatives Tim Ryan (D-OH-17), Susan Wild (D-PA-07), and Chris Pappas (D-NH-01) along with health care advocates to emphasize the impact of high prescription drug prices and to call for Congress to take action on this urgent issue. Advocates and lawmakers made clear the time to act is now to give Medicare the power to negotiate with drug companies for lower prices for all Americans. 

The events are part of The Campaign to Reduce Drug Prices, Protect Our Care’s seven-figure campaign to demonstrate the urgent need for comprehensive legislation to lower drug prices. Protect Our Care will continue to host events both nationally and in 12 key states throughout the summer. 

Highlights and Coverage From Protect Our Care’s Events:

NEW HAMPSHIRE

Wednesday, May 26, 2021 — Lower Rx Drug Costs Virtual Event with Rep. Chris Pappas and Advocates: Rep. Chris Pappas (D-NH-01), Eva Castillo with New Hampshire Alliance for Immigrants and Refugees, Lucy C. Hodder, Director of Health Law and Policy at UNH School of Law, and advocates joined Protect Our Care New Hampshire for a virtual press conference to call on Congress to take action to lower prescription drug costs for Americans. For too long the system has been tilted in favor of big drug companies, not profits. Rep. Chris Pappas said that pandemic has exacerbated issues for NH families, but that COVID relief legislation, making coverage more affordable. “We need more progress in Congress to reduce drug prices, on an unsustainable path. We pay more than any nation in the world for drugs. Folks are rationing, and cannot afford medication.” You can watch the event here.

Coverage:

WMUR (ABC Manchester): NH Advocates Fight for Lower Drug Prices

OHIO

Thursday, May 26, 2021 — Lower Rx Drug Costs Virtual Event with Rep. Tim Ryan and Advocates: Congressman Tim Ryan and local advocates joined Protect Our Care Ohio for a virtual press conference to call on Congress to take action to lower prescription drug costs for Americans. “It is common sense that if Medicare has millions and millions of people accessing pharmaceuticals, that they would be allowed to negotiative the drug prices on behalf of our seniors. This is the single cleanest, clearest way to give relief,” said Congressman Tim Ryan. “It would also put money into the economy — if instead of going to the prescription drug industry and big pharma, those dollars got out into the local economy.” Advocate Lourdes Barroso de Padilla discussed how the high cost of prescription drugs makes it harder for her sister to manage her diabetes. “She got a letter from her insurance company saying they were no longer going to pay for her insulin. People are making decisions about their lives. This should not be a Republican or Democratic issue, this is a human rights issue. The cost of prescription drugs should not put a family in crisis.” You can watch the event here.

Coverage:
WKSU (NPR Kent): Tim Ryan Calls on Congress to Pass Legislation to Lower Drug Prices
WNWO (NBC Toledo): Rep. Tim Ryan, Ohioans Call for Legislative Action to Lower Drug Costs
WNWO (NBC Toledo): Rep. Tim Ryan and Advocates Discuss Urgent need to Lower Rx Drug Costs

PENNSYLVANIA

Thursday, May 27, 2021 — Lower Rx Drug Costs Virtual Event with Rep. Susan Wild, PA Health Access Network, and Advocates: Representative Susan Wild, the Pennsylvania Health Access Network, local patients, and health care advocates joined Protect Our Care Pennsylvania for a roundtable discussion to call on Congress to take action to lower prescription drug costs for Americans. As a result of high drug costs, Pennsylvanians are forced to make decisions that are making them sicker. In the last year, 1 in 5 Pennsylvanians left their prescription at a pharmacy, cut pills in half, or skipped doses of medication due to cost. Rep. Susan Wild heard from constituents across her district struggling to afford their prescriptions due to high costs. “From parents of kids with diabetes and people dealing with chronic illness to families devastated by the pandemic – the message is the same: protect our care and help make it more affordable. It’s time to make H.R. 3 the law of the land and provide needed relief to the millions of Pennsylvanians struggling under the skyrocketing costs of prescription drugs,” Lee said. You can watch the event here.

***MEDIA ADVISORY FOR WEDNESDAY, MAY 26 AND THURSDAY, MAY 27, 2021***

THIS WEEK: Members of Congress and Health Care Storytellers Call for Congressional Action to Lower Prescription Drug Prices

Washington, DC — On Wednesday, May 26 and Thursday, May 27, U.S. Representatives Tim Ryan (D-OH-17), Susan Wild (D-PA-07), and Chris Pappas (D-NH-01) along with health care advocates and storytellers will join Protect Our Care for events to emphasize the impact of high prescription drug prices and to call for Congress to take action on this urgent issue.

In 2019, House Democrats passed the Lower Drug Costs Now Act (H.R. 3), bold legislation to give Medicare the power to negotiate for lower drug costs — the single most effective measure to bring down drug prices. In April, House Democrats reintroduced this legislation, giving Congress another opportunity to lower prescription drug costs and meet the demands of voters.

Protect Our Care recently launched The Campaign to Reduce Drug Prices with an ad running on television nationally and digitally in 12 key states to demonstrate the urgent need for comprehensive legislation to lower drug prices.

WEDNESDAY

NEW HAMPSHIRE

WHO:
U.S. Representative Chris Pappas (D-NH-01)
Eva Castillo, New Hampshire Alliance for Immigrants and Refugees
Lucy C. Hodder, Director, Health Law and Policy UNH School of Law
Bruno Soares, health care advocate

WHAT: Virtual Press Conference

WHERE: Register for the Event Here

WHEN: Wednesday, May 26 at 11:00 AM ET

OHIO

WHO:
U.S. Representative Tim Ryan (D-OH-17)
Caylan Fazio, health care advocate
Lourdes Barroso de Padilla, advocate with personal and family story

WHAT: Virtual Press Conference

WHERE: Register for the Event Here

WHEN: Wednesday, May 26, at 3:00 PM ET

 

THURSDAY

PENNSYLVANIA

WHO:

U.S. Representative Susan Wild (D-PA-07)
Mitch Lenett, health care advocate
Jean Konz, health care advocate
Adriana Nunez Gutierrez, health care advocate

WHAT: Virtual Press Conference

WHERE: Register for the Event Here

WHEN: Thursday, May 27, at 4:30 PM ET