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ashoup
In News, Stories

“The Justice Department Is Essentially Siding With Those Who Think That Health Insurance Companies Should Be Able to Sign Death Warrants For Sick People”: Trump Administration Launches Unprecedented Attack on Popular ACA Protections

Last night, the Trump Administration continued its historic sabotage of Americans’ health care when its Department of Justice said it will attack the Affordable Care Act’s popular provisions, including protections for those with pre-existing conditions, as unconstitutional. If the Supreme Court accepts their argument, insurance companies would be able to deny coverage for up to 130 million Americans with pre-existing conditions, and older Americans and women could once again face significant surcharges because of their or age gender.

Here’s how the shock news is being covered:

Los Angeles Times: Got A Preexisting Condition? The Trump Administration Wants Insurers To Deny You Coverage. “In its latest effort to undermine the Affordable Care Act — and in the process, raise premiums for many Americans — the Trump administration is urging a federal judge in Texas to throw out the law’s protections for people with preexisting conditions. In other words, the administration wants insurers to be able to deny coverage to the people most in need of it, or to charge them considerably higher premiums than they’re allowed to charge today. This is jaw-dropping. Even Republicans who’ve complained about Obamacare have been loath to undo the protections for people with preexisting conditions who are not covered by large employers’ health plans. That’s because the public supports them, and unequivocally so.” [Los Angeles Times, 6/8]

New York Times: “The Justice Department Said That The Protections For People With Pre-Existing Conditions Were Inseparable From The Individual Mandate And Must Also Be Struck Down.” “The Trump administration told a federal court on Thursday that it would no longer defend crucial provisions of the Affordable Care Act that protect consumers with pre-existing medical conditions. Under those provisions of the law, insurance companies cannot deny coverage or charge higher rates to people with pre-existing conditions… The Justice Department said that the protections for people with pre-existing conditions were inseparable from the individual mandate and must also be struck down.” [NYT, 6/7]

Talking Points Memo: Trump’s Midterm Gift To Dems: A War On Pre-Existing Condition Protections. “The Trump administration delivered an early midterms present to Democrats Thursday night when the Justice Department decided to side with 20 GOP states in a lawsuit seeking to gut the core protections of the Affordable Care Act for people with pre-existing conditions. The long-shot lawsuit argues that because Republicans repealed the ACA’s individual mandate penalty as part of their tax overhaul, all of the remaining law is unconstitutional. The Justice Department, in backing the state’s argument, is seeking to strike down two of Obamacare’s most popular provisions: the rule that insurance companies can’t turn someone away or charge them more based on a pre-existing condition, and the rule that limits how much insurers can charge older patients for their premiums.” [TPM, 6/8]

Bloomberg: Provisions DOJ Is Not Defending “Include Protecting People With Pre-Existing Medical Conditions From Being Charged More Or Being Denied Coverage.” “Since Congress repealed the penalty for not having insurance in its tax reform package last year, much of the rest of the insurance statute becomes unconstitutional in 2019 and must be ‘struck down,’ attorneys for the Justice Department said in a court filing Thursday. Such provisions include protecting people with pre-existing medical conditions from being charged more or being denied coverage.” [Bloomberg, 6/8]

USA Today: “The Brief Filed Thursday Night Is The Latest Attempt By His Administration To Weaken President Barack Obama’s Signature Health-Care Law.” “The Trump administration declared that it will no longer defend the Affordable Care Act from a challenge filed by 20 states because it agrees that the law’s individual mandate is unconstitutional and that key parts of the act — including the provisions protecting those with pre-existing conditions — are invalid. President Trump has long declared the ACA, also known as Obamacare, to be a ‘disaster’ and the brief filed Thursday night is the latest attempt by his administration to weaken President Barack Obama’s signature health-care law.” [USA Today, 6/8]

Huffington Post: Trump Administration Takes New Aim At Obamacare’s Pre-Existing Conditions. “The Trump administration on Thursday officially threw its support behind a new, seemingly far-fetched legal challenge to the Affordable Care Act, arguing that the law’s protections for people with pre-existing conditions are unconstitutional… The Trump administration’s contempt for Obamacare is no secret. And although the president and his supporters have sometimes said they believe in protections for people with pre-existing conditions, they have repeatedly taken action ― like trying to pass repeal legislation or rolling back the Affordable Care Act’s regulations on what plans must cover ― that seek to undermine or obliterate those protections entirely.” [Huffington Post, 6/7]

Donald Verrilli, Former United States Solicitor General: “I Find It Impossible To Believe That The Many Talented Lawyers At The Department Could Not Come Up With Any Arguments To Defend The ACA’s Insurance Market Reforms, Which Have Made Such A Difference To Millions Of Americans.” [St. Louis Dispatch, 6/8]

Nicholas Bagley, Former Department of Justice Attorney: The Administration Decided “Its Dislike For The Affordable Care Act Outweighed Its Respect For The Rule Of Law.”  Bagley, a former Justice Department attorney, said the DOJ has a ‘durable, longstanding, bipartisan commitment’ to defending the laws passed by Congress as long as there is a legitimate ‘non-frivolous’ argument to be made in its defense. ‘The Justice Department has an obligation to defend the law and it has refused to do so because it dislikes this particular law,’ Bagley told USA TODAY. The administration decided its ‘dislike for the Affordable Care Act outweighed its respect for the rule of law.’ Bagley said the brief reveals the ‘depth of institutional decay at the Department of Justice’ and he expressed profound concern about the precedent it sets. [USA Today, 6/8]

Mother Jones: Donald Trump Takes Aim At Pre-Existing Conditions. “The Trump administration’s desperate desire to deprive Americans of health care entered a new phase tonight when Donald Trump personally approved a decision by the Justice Department not to defend Obamacare against state lawsuits… The Justice brief and letter say many other aspects of the law can survive because they can be considered legally distinct from the insurance mandate and such consumer protections as a ban on charging more or refusing coverage to people with preexisting medical conditions.” [Mother Jones, 6/7]

Gizmodo: “If The DOJ Is Successful, Millions Of Americans Could Be Denied The Ability To Buy Health Insurance.” “The U.S. Justice Department made an unusual argument to a federal court last night, claiming that Obamacare’s protections for people with pre-existing medical conditions are unconstitutional. Roughly 1 in 4 Americans have pre-existing conditions that would make it difficult to buy insurance without those protections. If the DOJ is successful, millions of American could be denied the ability to buy health insurance. Under the Affordable Care Act, commonly called Obamacare, insurance companies can’t deny coverage to people with pre-existing medical conditions, and it puts limits on how much those companies can charge. But the Trump regime wants to change all that, arguing in federal court along with 20 states that protections for pre-existing conditions should be abolished.” [Gizmodo, 6/8]

Associated Press: Justice Department Says Heart Of Affordable Care Act Unconstitutional. “The Trump administration said in a court filing late Thursday that it will no longer defend key parts of the Affordable Care Act, including the requirement that people have health insurance and provisions that guarantee access to health insurance regardless of any medical conditions. The decision, announced in a filing in a federal court in Texas, is a rare departure from the Justice Department’s practice of defending federal laws in court.” [St. Louis Post-Dispatch, 6/8]

Splinter News: The Trump Administration Is Now Trying To Sabotage Obamacare In The Courts. “The GOP tried and failed to repeal the Affordable Care Act last year, so now it’s trying another strategy: deciding not to fight a legal effort to rule key parts of the law unconstitutional, including the ban on insurers denying coverage or charging an obscene amount to people who have ‘pre-existing conditions’ … Because the Justice Department is essentially siding with those who think that health insurance companies should be able to sign death warrants for sick people, a group of 16 state attorneys general will defend the law in court.” [Splinter News, 6/8]

Mic: Today In Trump’s America: Trump Admin Urges Courts To Throw Out Pre-Existing Condition Protections. “In a response to a lawsuit filed by a group of conservative states that seeks to end the ACA, Trump’s Justice Department said Congress’ repeal of the individual mandate invalidates other key provisions of the heath care law. This includes rules that forbid insurers both from charging sick customers more for coverage or denying coverage to people with pre-existing conditions. Those two provisions are some of the most popular aspects of the ACA, also known as Obamacare. And Republican attempts in 2017 to repeal Obamacare and those provisions were extremely unpopular and led to a backlash against Republican lawmakers.” [Mic, 6/8]

ashoup
In News, Roundup

Roundup: Trump Justice Department Argues that Protections for Pre-existing Conditions are Unconstitutional

Tonight, the Trump Administration went to court to take away protections away from 52 million Americans with pre-existing conditions, and raise costs for millions more.

Headlines are emphasizing just how significant this decision is:

Washington Post: Trump Administration Won’t Defend ACA In Case Brought By GOP States. [6/7/18]

Vox: The Trump Administration Believes Obamacare’s Preexisting Conditions Protections Are Now Unconstitutional. [6/7/18]

CNN: Trump Administration Tells Court It Won’t Defend Key Provisions Of The Affordable Care Act. [6/7/18]

Axios: Trump’s Justice Department Says The ACA Is Unconstitutional. [6/7/18]

Politico: Trump Administration Backs Court Case To Overturn Obamacare Provisions. [6/7/18]

Talking Points Memo: Trump’s Justice Department Refuses To Defend Obamacare In Court. [6/7/18]

The Hill: Justice Dept. Argues Key Parts Of ObamaCare Are Unconstitutional. [6/7/18]

Washington Examiner: Trump Administration Tells Court It Won’t Defend Obamacare Against Lawsuit Seeking To Cripple It. [6/7/18]

Reuters: U.S. Justice Department Says Obamacare Individual Mandate Unconstitutional. [6/7/18]

And experts underscore just how dangerous it will be:

Larry Levitt, Vice President For Health Policy At Kaiser Family Foundation: “The Justice Department’s brief creates another cloud of uncertainty for insurers, just as they’re filing proposed ACA rates for 2019. When insurance companies face uncertainty, they increase premiums.” “The Trump administration is arguing in court that the ACA’s protections for people with pre-existing conditions should be thrown out. The Justice Department’s brief creates another cloud of uncertainty for insurers, just as they’re filing proposed ACA rates for 2019. When insurance companies face uncertainty, they increase premiums…27% of non-elderly adults have pre-existing conditions. Arguing in court that protections for them should be eliminated, as the Trump administration is now doing, could provoke a backlash in an election year.” [Larry Levitt, 6/7/18]

Andy Slavitt, Former Director Of Centers For Medicare And Medicaid Services: “The Biggest Health Care News of the Year.” “BREAKING: The biggest health care news of the year. The Trump DOJ tonight just told the courts to dismantle pre-existing conditions protections and other consumer protections. This may seem predictable, but these actions are unprecedented.” [Andy Slavitt, 6/7/18]

Nicholas Bagley, Health Law Professor at University of Michigan: “I’m at a loss for words to explain how big of a deal this is.” “This is an enormous blow to the integrity of DOJ…I am at a loss for words to explain how big of a deal this is. The Justice Department has a durable, longstanding, bipartisan commitment to defending the law when non-frivolous arguments can be made in its defense. This brief torches that commitment.” [Nicholas Bagley, 6/7/18]

Sam Berger, Senior Advisor At Center For American Progress: DOJ Wants To Take Health Care Away From Those With Pre-Existing Conditions. “For those who don’t have time to read the DOJ brief, a quick summary of the argument: ‘We want to take away health care from people with pre-existing conditions and are willing to make patently absurd legal arguments to do so.’ DOJ’s argument was so inconsistent with the law, that career lawyers actually asked the court to remove them from the case, so that they would not have to be associated with it. That almost never happens, and tells you how terrible DOJ’s legal argument is.” [Sam Berger, 6/7/18]

Topher Spiro, Vice President For Health Policy At Center For American Progress: “This Is A Political Attack On The ACA And People With Pre-Existing Conditions.” “Three respected career DOJ attorneys withdrew from the case in protest just before this brief was filed. That tells you how politicized this is. This is a political attack on the ACA and people with pre-existing conditions.” [Topher Spiro, 6/7/18]

Andy Slavitt, Former Director Of Centers For Medicare And Medicaid Services: “Collusion Between Conservative Plaintiffs And The ‘Defense’ Would Make Pre-Existing Protections And Age Rating Protections Unconstitutional.” “The DOJ, responsible for upholding the rule of law, is not defending the people in a frivolous lawsuit to say that without the mandate, the rest of the ACA can’t be enforced. This collusion between the conservative plaintiffs and the “defense” would make pre-ex protections and age rating protections unconstitutional. In an active of savage cynicism, the Trump Administration doesn’t want this to go into effect until after the election.” [Andy Slavitt, 6/7/18]

Sam Baker, Health Reporter At Axios: “Sick People Would Just Be Out.” “If DOJ gets its way here, insurers would be free to deny people coverage based on pre-existing conditions. Forget complicated market interactions — sick people would just be out.” [Sam Baker, 6/7/18]

Matthew Yglesias, Co-founder Of Vox: “Good Reminder Of The Real Stakes In The Midterms.” “Good reminder of the real stakes in the midterms; if Republicans do well, they will try as hard as they can to take people’s health care away.” [Matthew Yglesias, 6/7/18]

ashoup
In News

Gambling With Kids’ Coverage A New Lowlight in 210 House Republicans’ War on Health Care

After 210 House Republicans voted to slash $7 billion from the Children’s Health Insurance Program (CHIP) to patch up record deficits being inflicted by the tax breaks they gave to big corporations, Protect Our Care Campaign Director Brad Woodhouse released the following statement:

“Until recently, the CHIP program earned broad bipartisan support; after all, what kind of person would oppose health care for children? Then, Donald Trump decided to make kids’ health coverage a political football, proposing billions of dollars in cuts, which over 500 prominent national and local organizations oppose. Tonight, 210 House Republicans voted to cut CHIP anyway, selling out thousands of kids in their districts. Republicans are right to fear Americans’ wrath over their irresponsible tax bill, which blew a $1.3 trillion hole in the deficit, but gambling with kids’ coverage to pay for tax breaks is a new lowlight in Republicans’ war on our care.”

 

Experts Slam CHIP Cuts

Lisa Shapiro, Families USA: “Contrary to the title of the bill and statements from the Trump administration and Republican leadership, the CHIP Contingency Fund is neither expired nor unnecessary. It is exactly what the name says it is: a contingency fund that was created to ensure stability in CHIP and to provide flexibility for states to protect their children.” [6.7.18]

Bruce Lesley, First Focus: “It is critically important to understand that CHIP is financed with a block grant, and therefore, it fails to adjust for economic recessions, epidemics, medical inflation, or natural disasters which all threaten the health of children. Consequently, in the program’s early years, states repeatedly faced funding shortfalls and responded by imposing waiting lists and enrollment freezes upon children without regard to their health status or medical condition. In recognition of the fact that waiting periods and enrollment freezes threatened the lives and well-being of children, Congress revamped CHIP’s financing in a number of ways, including the creation of the Child Enrollment Contingency Fund in 2009.” [5.25.18]

 

ashoup
In News, Statement

Protect Our Care Statement on Historic DOJ Health Care Sabotage

After a partisan team of Department of Justice lawyers decided to abandon the rule of law in order to help a lawsuit that could eliminate the Affordable Care Act overnight, Protect Our Care Campaign Director Brad Woodhouse made the following statement:

“The Trump Administration just made history by undermining the rule of law in order to continue its no-holds-barred war on American health care. By abandoning its legal and constitutional responsibilities to defend the law of the land, Jeff Sessions’ Department of Justice is prioritizing a political vendetta over centuries of legal precedent. If Trump and Sessions have their way, the Affordable Care Act and Medicaid expansion will disappear overnight, stealing coverage from millions of Americans, winding back the clock on people with pre-existing conditions, and undermining the stability of the U.S. economy. Tonight, as the President and his Administration launch their most dangerous sabotage effort yet, we are seeing just how far Republicans are willing to go in their quest to undermine the American health care system. And by sowing even more uncertainty into the health care markets, tonight’s action could encourage insurance companies to propose even higher rate increases than the double-digit hikes already threatening to hit American families next year.”

ashoup
In News

NEW NBC POLL: Health Care Is Top Midterm Issue

A new poll from NBC this morning confirms what dozens of recent polls are finding: health care is a top issue for midterm voters.

From NBC:

“Asked about their top issues for November, 22 percent of voters said health care was their first choice — followed by the economy and jobs at 19 percent, guns at 13 percent, taxes and spending at 11 percent and immigration at 10 percent.”

Protect Our Care Campaign Director Brad Woodhouse said:

“Poll after poll confirms that the upcoming midterms are going to be about health care, and that’s bad news for Republicans.  The governing party’s obsession with repealing and sabotaging health care is hopelessly out of step with voters, who want to hear about bipartisan solutions to address skyrocketing costs. Today’s survey is more evidence that Republicans will face an electoral reckoning unless they stop undermining Americans’ care.”

ashoup
In News, Stories

Alex Azar Lies Through His Teeth About Spiking Premiums

Washington, D.C. – This morning, after Health and Human Services Secretary Alex Azar misled Members of Congress while testifying before the House Committee on Education & the Workforce, Protect Our Care released a video of House Democrats pressing Azar on his destructive policies, as well as a statement from Communications Director Marjorie Connolly:

“Alex Azar went to Capitol Hill today and continued to lie through his teeth about health care. He repeatedly touted the Administration’s proposed short-term junk plans, while ignoring questions about why these plans can exclude essential health benefits like cancer treatment, maternity care, and treatment for substance use disorder and can deny coverage altogether to people with pre-existing conditions. Azar also tried to duck responsibility for rising premiums, despite a huge quantity of nonpartisan analyses and statements from insurance companies that point directly to Republican sabotage, including the tax bill and junk plan proposal, as culprits behind rising costs. In short, it was just another dishonest day at the office for the ex-insurance lobbyist who is leading Republicans’ partisan repeal-and-sabotage campaign against Americans’ health care.”

ashoup
In News, Stories

Protect Our Care Praises Senate Democrats for Challenging Republicans to Address Health Care in August

Washington, D.C. – Today, Senate Democratic Leader Chuck Schumer (D-NY) sent Majority Leader Mitch McConnell (R-KY) a letter urging legislative proposals designed to lower Americans’ health care costs be taken up during August. Protect Our Care Campaign Director Brad Woodhouse released the following statement in response:

“Leader Schumer and Senate Democrats’ focus is precisely where it should be – on health care, the top issue for Americans of all backgrounds. President Trump and Republicans in Congress have carried out a devastating repeal and sabotage campaign from the first day President Trump was sworn into office, punctuated by the Republican Congress passing a tax bill that is now forcing double-digit premium increases. The bills Leader Schumer and Senate Democrats are championing would lower premiums and allow Medicare to negotiate for cheaper drug prices, priorities Republicans couldn’t possibly be against.  However, if Senate Republicans continue to ignore the health care of the American people, they will be doing so at their own peril.”

ashoup
In News

Republican Tax Bill Robs Medicare to Pay for Big Pharma Tax Breaks

After today’s new Medicare Trustees report found that Medicare’s trust fund will run out in 2026, three years earlier than last year’s projection, Protect Our Care Campaign Director Brad Woodhouse released the following statement:

“Today’s Medicare Trustees Report is a smoking gun. American seniors should be outraged that Republicans have harmed Medicare in order to pass a tax bill that gives huge breaks to the same prescription drug companies that are robbing older Americans blind. Today’s news proves that whether you’re old or young, rich or poor, the Trump Administration and Congressional Republicans have it out for your health care.”

BACKGROUND

“Top (Trump) administration officials say the repeal of Obamacare individual mandate hurts financial condition of Medicare because it leads to more uninsured and greater Medicare DSH payments to hospitals.” – Kaiser Health News reporter Phil Galewitz, 6.5.18

 

ashoup
In News, Stories

The Latest Victims of GOP Sabotage: Mainers, Pennsylvanians, New Yorkers, Washingtonians

Today, Mainers and Pennsylvanians became the latest Americans to see skyrocketing proposed 2019 individual marketplace premiums due to Washington Republicans’ ongoing sabotage, joining New Yorkers and Washingtonians, whose proposed double-digit rate increases were announced yesterday. As the Trump Administration and Congressional Republicans continue their repeal and sabotage campaign, Americans from coast to coast will continue to bear the unnecessary costs. Here’s how these rate hikes have been covered:

Portland Press-Herald: “Reasons Provided By The Insurers For Their Proposed Rate Increases Include The Elimination Of The Individual Mandate.” “Reasons provided by the insurers for their proposed rate increases include the elimination of the individual mandate penalty that was included in the federal tax reform bill approved by congressional Republicans in December and a resulting, anticipated decrease in younger, healthier Mainers purchasing individual ACA insurance in 2019.” [Portland Press-Herald, 6/5]

Ann Woloson, Consumers For Affordable Health Care Executive Director: “Efforts At The Federal Level To Sort Of Sabotage The Affordable Care Act Are Resulting In Unnecessary Increases.” The executive director of Consumers for Affordable Health Care, Ann Woloson, says any increase is bad news. ‘We’re already paying a lot. So the efforts at the federal level to sort of sabotage the Affordable Care Act are resulting in unnecessary increases for individuals and small businesses, and that’s a problem.’ Woloson says the Trump administration’s elimination of the individual mandate and support of short term plans that offer less coverage are driving the proposed increases.  The elimination of the individual mandate goes into effect in 2019. [Health policy consultant Mitchell Stein] says the proposed premium increases reflect the potential loss of consumers in the ACA marketplace.” [Maine Public, 6/5]

Pittsburgh Tribune-Review: “The Department Cited Federal Government Decisions To Shorten [Open Enrollment] And To Eliminate [The Individual Mandate]” As Factors Driving Up Premiums. “The department cited federal government decisions to shorten the period of time in which people can sign up for the plans and to eliminate the requirement in 2019 that everyone have health insurance. It also cited President Donald Trump’s decision last year to eliminate federal funding for added benefits that had been included in plans for the lowest-income policyholders. The department cited that change last year when it approved an average rate increase of 30 percent for the plans. Increases averaged about 33 percent the year before that.” [TribLive, 6/5]

Pittsburgh Post-Gazette: “Efforts To Weaken The Affordable Care Act In The Past Year Have Included Ending Cost-sharing Reductions For Premiums, Shortening The Enrollment Period And Ending The Mandate That Everyone Have Health Insurance.” [Pittsburgh Post-Gazette, 6/5]

The Hill: “New York Attributed The Proposed Increase To Congress’s Repeal Of The Individual Mandate, While Washington State Blamed Uncertainty Over The Trump Administration’s Looming Changes To ObamaCare.” “ObamaCare insurers in New York and Washington state are proposing double-digit rate hikes for 2019, citing recent and upcoming changes to the law. In New York, 14 insurers are asking state regulators to approve an average rate hike of 24 percent, while 11 insurers in Washington state want to increase premiums by an average of 19.08 percent. New York attributed the proposed increases to Congress’s repeal of the individual mandate, while Washington state blamed uncertainty over the Trump administration’s looming changes to ObamaCare.” [The Hill, 6/4]

Maria Vullo, New York Department of Financial Services Superintendent: “Insurers Have Attributed Approximately Half Of Their Requested Increases” To Repeal Of The Individual Mandate. “‘Insurers have attributed approximately half of their requested rate increases to the risks they see resulting from (the) repeal,’ said Maria Vullo, superintendent of the state Department of Financial Services, which published the requests Friday. ‘Without the federal action, the average requested rate increase would be 12.1 percent.’” [Albany Times-Union, 6/4]

New York Post: Insurers Are “Blaming President Trump’s Repeal Of The Mandate” For Increases. “New York health insurers are requesting an average 24 percent hike to sell individual policies in 2019 under ObamaCare and they’re blaming President Trump’s repeal of the mandate requiring everyone have health care coverage as contributing to the increase… ‘The individual mandate, a key component of the Affordable Care Act, helped mitigate against dramatic price increases by ensuring healthier insurance pools. Insurers have attributed approximately half of their requested rate increases to the risks they see resulting from its repeal,’ said state Financial Services Superintendent Maria Vullo.” [New York Post, 6/4]

Albany Times-Union: “Most Of New York’s Health Insurers Are Looking To Raise Premiums On The Individual Market Next Year, An Increase They Say Is Necessary Now That Republicans In Congress Have Repealed The Affordable Care Act’s Individual Mandate.”  “Most of New York’s health insurers are looking to raise premiums on the individual market next year, an increase they say is necessary now that Republicans in Congress have repealed the Affordable Care Act’s individual mandate… Fidelis Care is seeking the largest rate increase on the individual market. The Capital Region’s most popular health plan is seeking state approval to raise premiums 38.6 percent next year. If the individual mandate were to remain in place, it says, its requested increase would be much smaller — at just 12.7 percent. Other plans that are popular in the Capital Region are also looking to raise premiums. Schenectady-based MVP Health Plan, for example, wants to raise premiums for people who don’t get insurance through their employer by 6.5 percent. At least 4.7 percent of that increase is due to the individual mandate repeal, they said. On the small group market, MVP is seeking a 7 percent premium increase.”  [Albany Times-Union, 6/4]

Washington State Insurance Commissioner Mike Kreidler: “There’s Still A Great Deal Of Uncertainty,” Which Is “Fueled By The Trump Administration’s Efforts To Undermine The Affordable Care Act.” “‘There’s still a great deal of uncertainty in individual markets across the country, fueled by the Trump administration’s efforts to undermine the Affordable Care Act,’ he said, using the formal name for Obamacare. ‘Instead of getting behind solutions that shore up these markets, the administration seems solely focused on undermining our health insurance system and the individuals and families who need to buy their coverage in the individual market.’” [Washington Examiner, 6/4]

Seattle Post-Intelligencer: Bipartisan Senators “Had Hearings On Turmoil In Insurance Markets, And Proposed A Plan To Shore Up Markets. They Could Not Get A Senate Floor Vote On The Plan.” “The administration, and Republican leaders in Congress, make repeal of the Affordable Care Act, aka Obamacare, a top priority. At one point, GOP repeal efforts in the U.S. Senate were blocked by a single vote, that of Sen. John McCain, R-Ariz. The bipartisan Senate Health Education Labor & Pensions Committee team of Sens. Lamar Alexander, R-Tenn., and Patty Murray, D-Wash., held hearings on turmoil in insurance markets, and proposed a plan to shore up markets. They could not get a Senate floor vote on the plan, or action in the House of Representatives.” [Post-Intelligencer, 6/4]

ashoup
In News

Pennsylvania Rate Hikes Moderated by State Democrats’ Actions to Protect Consumers, But Federal Sabotage Continues to Pose Threat

Washington, D.C. – As preliminary Pennsylvania rate filings for 2019 individual-market health insurance indicated a relatively moderate increase of 4.9% compared with other states’ double-digit hikes, an anomaly attributable to Pennsylvania Democrats’ actions to counter Washington Republicans’ repeal-and-sabotage agenda, Protect Our Care Campaign Director Brad Woodhouse released the following statement:

“For the past year and a half, President Trump and his Republican allies in Congress have engaged in a deliberate, aggressive campaign to undermine health care. Thanks to actions taken by Governor Tom Wolf and Insurance Commissioner Jessica Altman to counteract federal sabotage, Pennsylvanians will see smaller rate hikes next year than Americans in other states, where double-digit hikes are threatening consumers. However, Republicans’ ongoing repeal-and-sabotage campaign continues to threaten Pennsylvanians’ care. Washington Republicans should follow Pennsylvania’s lead and work on bipartisan solutions to make coverage more affordable for all Americans, instead of continuing their destructive sabotage campaign.”

From The Pennsylvania Department Of Insurance:

Pennsylvania Department Of Insurance: Small Increases Attributed To “The Department’s Efforts To Maintain Enrollment In The Individual Market,” Highlighted By An Outreach Campaign “To Make Up For Lack Of Marketing From The Federal Government.” “Altman attributes the minimal increases to Pennsylvania’s competitive market and the department’s efforts to maintain enrollment in the individual market despite the federal government’s efforts to shorten the ACA’s open enrollment period and curtail enrollment outreach, while working to achieve affordability for consumers. The Insurance Department launched an outreach campaign to make up for a lack of marketing from the federal government during the 2018 open enrollment season.” [Pennsylvania Department of Insurance, 6/5]

Pennsylvania Insurance Commissioner Jessica Altman: “Ongoing Attempts And Recent Proposed Rules Being Considered At The Federal Level To Dismantle The ACA Still Have The Potential To Jeopardize Market Stability.” “However, the ongoing attempts and recent proposed rules being considered at the federal level to dismantle the ACA still have the potential to jeopardize market stability in future years and negatively impact health insurance consumers. We will continue to work to protect the progress we have made, including Pennsylvania’s lowest uninsured rate on record, and make affordability and access our top priorities for consumers.” [Pennsylvania Department of Insurance, 6/5]

Why Pennsylvanians’ Insurance Could Nonetheless Get Significantly More Expensive In The Future: The Trump Administration and Washington Republicans Keep Sabotaging Health Care

While spending most of last year trying to repeal the Affordable Care Act (ACA) and waging a war on our health care, President Trump and Republicans in Congress have also used their control of Washington to actively undermine the Health Insurance Marketplaces every chance they get – leading insurance companies to raise premiums for 2018 and 2019 and, in some cases, forcing them out of the individual market altogether. Washington Republicans’ goal is simple: sabotage and undermine the Affordable Care Act, then blame everyone but themselves for the consequences of their actions. President Trump keeps rooting for disaster, saying that “The best thing we can do…is let Obamacare explode” and “Let it be a disaster because we can blame that on the Democrats.”

Republicans never ended their war on our health care. After Congress failed to repeal the Affordable Care Act, the Trump Administration is aggressively sabotaging our health care system and refusing to work to make coverage better and more affordable.

  • Experts from AARP, the Congressional Budget Office, and a wide range of other nonpartisan organizations agree that Republican actions are forcing up health care costs.
  • Republicans in Congress are supporting the Administration’s many actions to undermine health care, despite widespread opposition from patient and disease groups, doctors, nurses, hospitals, plus health care and consumer advocates.
  • The Trump Administration officials keep rewriting the rules to let big insurance companies cover fewer and fewer services while charging people more and more. The sabotage doesn’t stop there: last year the Administration fired many of the community assisters who help people enroll in health care; this year they are planning more enrollment cuts, making it even harder to sign up for coverage.
  • And now, Republicans are encouraging insurance companies to sell more junk plans that don’t have to cover basic care like hospitalization and prescription drugs, and that are allowed to charge people with pre-existing conditions more or even deny them coverage altogether. In Pennsylvania, no short-term plans available have to cover maternity care, and only 33 percent of plans cover prescription drugs.

The Trump Administration’s sabotage is punishing Americans by jacking up premiums again, compounding the damage done last year, when Republican sabotage pushed rates up by a national average of 37 percent, and 45 percent in Pennsylvania.

  • The Republican tax bill’s repeal of a key Affordable Care Act provision and the Trump Administration’s junk plan proposal will increase individual market premiums in Pennsylvania by an average 19.2 percent this fall, according to a recent Urban Institute study.
  • This sabotage-driven rate hike will make the damage Republicans inflicted last year through repeal attempts and sabotage even worse.
  • Higher premiums will mean fewer working families can afford coverage: during the first year of the Trump Administration, millions more Americans joined the ranks of the uninsured – the highest increase since Gallup started tracking the uninsured rate.

Despite Republican sabotage attempts, the Affordable Care Act has improved Pennsylvanians’ care.

  • 389,081 Pennsylvanians signed up for Marketplace coverage this year.
  • Thanks to the Marketplace and Medicaid expansion, Pennsylvania uninsured rate fell by 5.9 percent between 2013 and 2016 as Pennsylvanians have gained access to affordable coverage.
  • Before today’s announcement, the Urban Institute predicted that Pennsylvania premiums for 2019 could rise 19.2 percent more because of the Trump Administration’s junk plan proposal and the Republican tax bill’s repeal of a key Affordable Care Act coverage incentive.
  • Even despite sabotage, Affordable Care Act subsidies help keep coverage affordable for 85 percent of Pennsylvania Marketplace consumers, whose average 2018 premium is $94 per month.
  • But because of the Republican sabotage agenda, many middle-income Pennsylvanians could pay hundreds or thousands of dollars more than they would have otherwise.

Pennsylvanians won’t forget that Republicans and the Trump Administration carried out health care sabotage to score political points.

  • Health care costs are a top issue in nearly every major issue-ranked poll in 2018.
  • Voters overwhelmingly trust Democrats over Republicans on health care costs.
  • In poll after poll, voters resoundingly reject President Trump and Congressional Republicans’ repeal-and-sabotage campaign against the Affordable Care Act.

KEY QUOTES

Former HHS Secretary Tom Price: GOP Actions Responsible For Premium Increases. “President Trump’s former top health official on Tuesday said the Republican tax law would raise the cost of health insurance for some Americans because it repealed a core provision of the Affordable Care Act. Tom Price, Trump’s first secretary of the Department of Health and Human Services, said people buying insurance on government-run marketplaces will face higher prices because the tax law repealed the ACA’s individual mandate. The mandate had forced most Americans to have health coverage or face a financial penalty. ‘There are many, and I’m one of them, who believes that that actually will harm the pool in the exchange market, because you’ll likely have individuals who are younger and healthier not participating in that market, and consequently that drives up the cost for other folks within that market,’ Price said at the World Health Care Conference in Washington.” [Washington Post, 5/1/18]

America’s Health Insurance Plans: Republican Sabotage Will “Drive Up The Rate Of Premium Increases.” “Policies that disproportionately draw healthy consumers away from the individual market, like expanding access to short-term plans, will likely have an even more devastating effect on affordability, choice and competition. This will further result in adverse selection, drive up the rate of premium increases, and exacerbate affordability issues for many other people.” [America’s Health Insurance Plans Letter to HHS, 4/20/18]

Cynthia Cox, Kaiser Family Foundation: “In The Absence Of Efforts To Undermine The Market, We Would Be Seeing A Period Of Relatively Small Premium Increases.” “‘In the absence of efforts to undermine the market, we would be seeing a period of relatively small premium increases, driven mostly by the underlying growth in health care costs,’ said Cynthia Cox, the lead author of the Kaiser Family Foundation report. ‘I wouldn’t be surprised if we’re in for another year of double-digit premium increases. And if that does happen, it would be in large part due to policy changes that are happening.’” [Huffington Post, 5/18/18]

Kris Haltmeyer, Blue Cross Blue Shield Association Vice President: “With The Repeal Of The Individual Mandate And The Failure Of Congress To Enact Stabilization Legislation, We Are Expecting Premiums To Go Up Substantially.” Kris Haltmeyer, a vice president at the Blue Cross Blue Shield Association, told reporters that the premium increases were in part due to the repeal of ObamaCare’s individual mandate in the Republican tax reform bill in December. He also cited lawmakers’ failure to pass a bill aimed at shoring up the market, which fell apart earlier this year amid a partisan dispute over abortion restrictions. ‘With the repeal of the individual mandate and the failure of Congress to enact stabilization legislation, we are expecting premiums to go up substantially,’ Haltmeyer said. He estimated that average premium increases nationwide will be in the ‘low teens,’ but that there will be major variation across areas, ranging from the low single digits to up to 70 or 80 percent.” [The Hill, 5/23]

New York Times Editorial Board: “The Administration’s Health Care Sabotage Efforts Have Already Had A Big Impact”: A 30-Percent Premium Increase. “The administration’s health care sabotage efforts have already had a big impact — but not the kind of impact officials promised. Insurance companies raised average premiums for 2018 A.C.A. policies by 30 percent. This has mostly hurt middle-class families who have to pay full freight for health insurance because they make too much money to qualify for subsidies and don’t get coverage through their employer. Few experts were surprised when the Commonwealth Fund found that the percentage of American adults who did not have health insurance jumped to 15.5 percent this year, from 12.7 percent before Mr. Trump took office. Experts say those numbers could climb higher still when the penalty for not having insurance goes away next year.” [NYT, 5/3/18]

Commonwealth Fund: Rollback Of Health Insurance Gains Spurred By “Actions By The Current Administration.” “The marked gains in health insurance coverage made since the passage of the Affordable Care Act (ACA) in 2010 are beginning to reverse, according to new findings from the latest Commonwealth Fund ACA Tracking Survey. The coverage declines are likely the result of two major factors: 1) lack of federal legislative actions to improve specific weaknesses in the ACA and 2) actions by the current administration that have exacerbated those weaknesses. These include the administration’s deep cuts in advertising and outreach during the marketplace open-enrollment periods, a shorter open enrollment period, and other actions that collectively may have left people with a general sense of confusion about the status of the law. Signs point to further erosion of insurance coverage in 2019: the repeal of the individual mandate penalty included in the 2017 tax law, recent actions to increase the availability of insurance policies that don’t comply with ACA minimum benefit standards, and support for Medicaid work requirements.” [Commonwealth Fund, 5/1/18]

Center For American Progress: “Combined, The Recent Tax Law’s Repeal Of The Individual Mandate And The Administration’s Short-Term Plan Rule Will Undermine The Individual Insurance Market And Increase Premiums For ACA-Compliant Coverage.” “Last year, as part of the tax law, Congress eliminated the Affordable Care Act’s individual mandate penalty. Given the mandate’s important role in encouraging healthier people to enroll in the marketplaces, the Congressional Budget Office (CBO) estimates that, in 2019, this will increase average premiums in the individual market by 10 percent. Furthermore, in February 2018, the Trump administration proposed a rule to expand short-term health insurance plans… Along with the repeal of the individual mandate penalty, this expansion of short-term plans will drive up average premiums for ACA-compliant coverage in the individual market. Recent preliminary rate filings in Virginia demonstrate that these actions are contributing to significant premium increases for marketplace coverage in 2019. In fact, some Virginia insurers specifically cited the individual mandate repeal and short-term plan rule as major factors in their rate filings… Combined, the recent tax law’s repeal of the individual mandate and the administration’s short-term plan rule will undermine the individual insurance market and increase premiums for ACA-compliant coverage.” [CAP, 5/18]

New York Times: “Rather Than Trying To Eliminate Obamacare In One Fell Swoop, [Republicans Are] Trying To Undermine It With Multiple Acts Of Sabotage – While Hoping Voters Won’t Realize Who’s Responsible For Rising Premiums And Falling Coverage.” “At the beginning of 2017, Republicans promised to release the kraken on Obamacare — to destroy the program with one devastating blow. But a funny thing happened: Voters realized that repealing the Affordable Care Act would mean taking health insurance away from tens of millions of Americans. They didn’t like that prospect — and enough Republicans balked at the backlash that Obamacare repeal fizzled. But Republicans still hate the idea of helping Americans get health care. So instead of releasing the kraken, they’ve brought on the termites. Rather than trying to eliminate Obamacare in one fell swoop, they’re trying to undermine it with multiple acts of sabotage — while hoping voters won’t realize who’s responsible for rising premiums and falling coverage.” [NYT, 5/8/18]

Washington Post Editorial Board: “The Numbers Suggest That [The ACA’s] Critics’ Sabotage Efforts Are To Blame. “The effects of the president’s underinformed instincts, enabled by the ideologues in his administration, are beginning to show up in some of the numbers, representing real pain that Americans are suffering for Mr. Trump’s deficient leadership… Obamacare critics regularly describe all problems as the inevitable result of a poorly designed law. But the numbers suggest that the critics’ sabotage efforts are to blame. After impressive declines during President Barack Obama’s second term, the fund found that the uninsured rate increased in both of the years Mr. Trump has been in office. During the campaign, Mr. Trump regularly complained that the Affordable Care Act (ACA) left too many Americans uncovered. The result of nearly a year and a half of Mr. Trump’s leadership is 4 million people added to that group.” [Washington Post, 5/8/18]

Horizon Blue Cross Blue Shield of New Jersey: 2018 Premium Increase Was Due To Federal Policy. “Three factors connected to federal policy decisions are responsible for 14.7% of the 24.3% total average individual premium increase: Weakened enforcement of the Individual Mandate…Elimination of federal funding for Cost Sharing Reductions (CSR), [and] 2018 reinstatement of Health Insurance Tax…Were it not for the three factors within the control of the Federal Government, Horizon BCBSNJ’s individual premiums would have an average increase of 9.6%.” [Horizon Blue Cross Blue Shield of New Jersey, 10/17/17]

CEO of CareFirst Blue Cross Blue Shield: Things Are “Materially Worse” Under Trump. “Continuing actions on the part of the administration to systematically undermine the market and make it almost impossible to carry out the mission…If continued efforts at the federal level undermine the marketplaces, I would think the board would have to examine what they would want — that’s very much on their mind.” [Washington Post, 5/1/18]

Lindsey Graham: Republicans “Own The Outcome” On Health Care. “Sen. Graham told Breitbart News, ‘In October, premiums are going up. Obamacare cannot be fixed. It’s going to continue to collapse, and then, we own the outcome. By repealing the individual mandate, which is a step forward in the eyes of the public, we own the issue. We have a responsibility to do something about the collapsing Obamacare system. I believe that we’re going to get blamed more than Democrats because we stopped trying to repeal Obamacare, and to suggest that we don’t own it is just simply politically naive.’ Graham continued, ‘It can hurt us in 2018. It can hurt by our base feeling like we betrayed them. It can hurt us from people suffering from Obamacare, like we don’t have a solution. It will energize Democrats. It can undercut everything we did on the tax cut side.’” [Breitbart, 2/6/18]

Rep. Charlie Dent: “We, The Republican Party…Own” Health Care Now. “Rep. Charlie Dent (R-Pa.) argued Friday that President Trump was ‘ill-advised’ to end key ObamaCare payments, warning that the GOP now ‘owns’ whatever happens to ObamaCare. ‘I think the president is ill-advised to take this course of action because … we, the Republican Party, will own this,’ Dent, a key House moderate who is retiring from Congress at the end of his term, said on CNN. Asked about Trump’s previous comments blaming problems with ObamaCare on former President Barack Obama, Dent pointed out that Republicans currently control the White House and have majorities in both chambers of Congress. ‘Barack Obama is a former president. President Trump is the president and he’s a Republican, and we control the Congress,’ Dent said. ‘So we own the system now. We’re going to have to figure out a way to stabilize this situation … This is on us.’” [The Hill, 10/13/17]

Washington Post: “The Pottery Barn Rule Comes To Mind: You Break It, You Own It.” “This is not ‘letting’ Obamacare fail. Many nonpartisan experts believe that these active measures are likely to undermine the pillars of the 2010 law and hasten the collapse of the marketplaces. The Pottery Barn rule comes to mind: You break it, you own it. Yes, the plate you just shattered had some cracks in it. But if you dropped it on the ground, the store is going to blame you.” [Washington Post, 10/13/17]

Washington Post: “Trump’s Not Going To Be Able To Avoid Blame For Kneecapping Obamacare.” [Washington Post, 10/13/17]

“After Months Of Pinning The Blame For Obamacare’s Shortcomings On Democrats And Watching His Own Party Fail To Act, President Donald Trump Just Took Ownership Of A Struggle That’s Consumed Republicans For Seven Years.” “After months of pinning the blame for Obamacare’s shortcomings on Democrats and watching his own party fail to act, President Donald Trump just took ownership of a struggle that’s consumed Republicans for seven years. Trump’s decision late Thursday to end government subsidies to insurers to help lower-income Americans afford to use their coverage under the Affordable Care Act was the most drastic step he’s taken to undermine his predecessor’s signature achievement. It also lobbed a live bomb into the laps of Republicans lawmakers 13 months before congressional elections after he publicly berated the party’s Senate leadership for being unable to keep a longstanding promise to repeal the law.” [Bloomberg, 10/13/17]

The American People Agree: President Trump And Congressional Republicans Are Playing Politics With People’s Health Care.  A poll conducted last September found that 61 percent of voters believed President Trump was “trying to make the Affordable Care Act fail,” and 64 percent of voters said Trump is “playing politics with people’s health care.” The poll also found that the American people seriously disapprove of how Republicans in Congress are treating health care: 80 percent of voters disapprove while only 20 percent approve. [Hart Research, 9/5/17]

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