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protectourcare
In News, Statement

Protect Our Care Statement On Senate Resolution To Protect Pre-Existing Conditions From GOP Lawsuit

Washington DC — Today, Senate Democrats reintroduced a resolution to defend the Affordable Care Act (ACA) and its protections for people with pre-existing conditions after a federal judge in Texas ruled to overturn the entire ACA. Similar to the House resolution passed last week, this resolution takes aim at Republican attorneys general lawsuit to overturn the entire Affordable Care Act and has the support of the Trump Administration. It also directs the Senate legal counsel to intervene on behalf of the American people. Brad Woodhouse, executive director of Protect Our Care, calls on the full Senate to support and pass this resolution:

“Now that Trump and his Republican allies have gotten a federal judge to do what they couldn’t do legislatively, overturn the ACA, Senate Democrats are once again fighting to protect people with pre-existing conditions and those who benefit from the law. This resolution takes direct aim at the Texas lawsuit and its dangerous ambitions of stripping health care away from millions of Americans. If this ruling isn’t overturned, Republicans will roll back the clock and take millions of people back to the days where insurance companies had the power to deny, drop, or charge more for coverage. It’s time for Senate Majority Leader Mitch McConnell and Republican Senators to step up to the plate and join their Democratic colleagues by bringing this resolution to the floor where it is sure to pass. Make no mistake, by refusing to bring this resolution to the floor, Senate Republicans are backing a full repeal of the Affordable Care Act.”

 

BACKGROUND:

Due to Judge O’Connor’s ruling on December 14th, Republicans are one step closer to repealing the Affordable Care Act and eliminating key protections, unleashing — as the Trump Administration itself admitted in his court — “chaos” in our entire health care system. If this ruling is allowed to stand:

  • Marketplace tax credits and coverage for 10 million people: GONE.
  • Medicaid expansion currently covering 15 million people: GONE.
  • Protections for more than 130 million people with pre-existing conditions when they buy coverage on their own: GONE.
  • Allowing children to stay on their parents’ insurance until age 26: GONE.
  • Free annual wellness exams: GONE.
  • Ban on annual and lifetime limits: GONE.
  • Ban on insurance discrimination against women: GONE.
  • Contraception with no out-of-pocket costs: GONE.
  • Limit on out-of-pocket costs: GONE.
  • Requirement that insurance companies cover essential benefits like prescription drugs, maternity care, and hospitalization: GONE.
  • Improvements to Medicare, including reduced costs for prescription drugs: GONE.
  • Closed Medicare prescription drug donut hole: GONE.
  • Rules to hold insurance companies accountable: GONE.
  • Small business tax credits: GONE.

 

 

protectourcare
In News, Statement

Protect Our Care Statement On House Republicans Refusal to Join Democrats On Resolution Opposing ACA Lawsuit and Instead Supported Full Repeal

“Nearly every Republican voted ‘no’ on this resolution, once again turning their backs on the millions of Americans whose access to life-saving care and benefits are in jeopardy,” says Brad Woodhouse

 

Washington DC — In response to House Democrats passing a stand-alone resolution that authorizes the House Counsel to intervene in the Texas, et. al. vs. United States, et. al. lawsuit to defend the Affordable Care Act and takes direct aim at the relentless repeal and sabotage campaign on health care by Republicans and President Trump, Brad Woodhouse, executive director of Protect Our Care issued the following statement:

“Under the leadership of Speaker Pelosi, the House took a crucial step to defend the Affordable Care Act and protect Americans with pre-existing conditions. By passing this resolution to intervene in the dangerous Texas lawsuit, Democrats stand in stark contrast with their repeal and sabotage Republican colleagues. Make no mistake, nearly every Republican voted ‘no’ on this resolution, once again turning their backs on the millions of Americans whose access to life-saving care and benefits are in jeopardy. Republicans are doubling down on their anti-health care agenda and ignoring the clear message sent by voters in November. If the Republicans had their way with this vote, the Affordable Care Act would be fully repealed and millions of people would lose their coverage. Clearly, Republicans haven’t learned the lesson of the 2018 elections and we’re here to remind them that elections have consequences.”

Background:

Thanks To The Republican Lawsuit, 17 Million People Could Lose Their Coverage

If The Texas Ruling Is Upheld, Protections For 130 Million People With A Pre-Existing Condition Could Disappear

  • According to a recent analysis by the Center for American Progress, roughly half of nonelderly Americans, or as many as 130 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
  • 17 million children. One in four children, or roughly 17 million, have a pre-existing condition.
  • 68 million women. More than half of women and girls nationally have a pre-existing condition.
  • 30 million people aged 55-64. 84 percent of older adults, 30.5 million Americans between age 55 and 64, have a pre-existing condition.

If The Texas Ruling Is Upheld, Insurance Companies Would Have 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 have a 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 the of the largest insurance companies had retroactively canceled coverage for 20,000 people over the previous five year period.

More than 100 Million People With A Pre-Existing Condition Could Be Forced to Pay More. An analysis by Avalere finds that “102 million individuals, not enrolled in major public programs like Medicaid or Medicare, have a pre-existing medical condition and could therefore face higher premiums or significant out-of-pocket costs” thanks to the Republican lawsuit to repeal the Affordable Care Act.If The Texas Ruling Is Upheld, Insurance Companies Would Once Again Have The Power To Charge You More

  • Premium Surcharges Can Once Again Be In The Six Figures. Thanks to the Republican lawsuit, insurance companies can 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 Can Be Charged More Than Men For The Same Coverage. Prior to the ACA, women, for example, were often charged premiums on the nongroup market of up to 50 percent higher than they charged men for the same coverage.
  • People Over The Age of 50 Can Face A $4,000 “Age Tax.” Thanks to the Republican lawsuit, insurance companies can 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 Will Pay More For Coverage. Thanks to the Republican lawsuit, consumers 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 will have to pay more.
  • Seniors Will Have To Pay More For Prescription Drugs. Thanks to the Republican lawsuit, seniors will have to pay more for prescription drugs because the Medicare “donut” hole got 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.

If The Texas Ruling Is Upheld, Insurance Companies Will Have The Power To Limit The Care You Get, Even If You Have Insurance Through Your Employer

  • Reinstate Lifetime and Annual Limits. Thanks to the Republican lawsuit, insurance companies can once again impose annual and lifetime limits on coverage.
  • Insurance Companies Do 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.

If The Texas Ruling Is Upheld, Medicaid Expansion Will End

  • Fifteen million people have coverage through the expanded Medicaid program.
protectourcare
In News, Stories, Statement

Protect Our Care Statement on Introduction of the CURE High Drug Prices Act

Washington, D.C. – Today, Senators Richard Blumenthal (D-CT), Amy Klobuchar (D-MN), Kamala Harris (D-CA), and Jeff Merkley (D-OR) introduced the CURE High Drug Prices Act, which would give the Department of Health and Human Services (HHS) the power to stop drug company price gouging for common drugs like insulin. Leslie Dach, chair of Protect Our Care, issued the following statement in response:

 

“Senators Blumenthal, Klobuchar, Harris and Merkley’s bill takes direct aim at the ability of drug companies to charge excessive prices for common drugs like insulin – a critical issue impacting millions of Americans and they should be commended for their action today. The Trump administration and its Republican allies in Congress gave billions of dollars in tax breaks to big drug companies, and in response, their profits have soared while drug prices have gone through the roof. Voters sent a clear message in the midterm elections: they want Congress to reduce drug prices and take their side – not the side of the drug companies.”

protectourcare
In News, Statement

Statement From Leslie Dach, Chair of Protect Our Care On Problem Solvers Proposals Ahead Of The House Democratic Caucus Leadership Election

Washington DC — In a statement released on Monday by members of the Problem Solvers, a caucus of nine House Democrats outlined its threat to withhold support for Leader Pelosi’s nomination for Speaker. The caucus stated its proposals would “help spur immediate action on health care, immigration and infrastructure.” Leslie Dach, chair of Protect Our Care issued the following statement:

“The way to protect and improve health care isn’t by making demands that were drawn up by a group that includes Republicans who voted to repeal health care — many of whom were defeated by Democrats just a few weeks ago. The way to truly protect and improve health care is by placing the Member of Congress whose leadership gave us the Affordable Care Act and led the blue wave that will protect us going forward in the Speaker’s chair. Let’s take the fight to the opponents of affordable health care — not its champions.”

protectourcare
In Statement, News

Protect Our Care Statement on Kavanaugh’s Confirmation

Washington, DC – Upon a majority of the U.S. Senate voting to approve Brett Kavanaugh’s nomination to the U.S. Supreme Court, Leslie Dach, chair of Protect Our Care, issued the following statement:

“America has seen the real Brett Kavanaugh — an angry, entitled, dishonest, partisan operative — and by historic proportions, they have opposed this nominee and asked their Senators to vote no. When Brett Kavanaugh uses his power as a justice to steamroll health care and abortion rights for the American people,millions will suffer the consequences of this vote. Brett Kavanaugh’s confirmation puts an indelible stain on our nation’s highest court, and poses a significant risk for the millions of Americans whose pre-existing conditions are protected because of the ACA, or whoever may need a safe and legal abortion. The Republicans who control the Senate”refused to fully investigate the sexual assault allegations against Judge Kavanaugh, and refused to allow a full and thorough review of his nomination throughout the process.”

ashoup
In News, Statement

Protect Our Care Missouri Statement on Dishonest Josh Hawley Ad

Kansas City, MO – Following Josh Hawley’s latest ad, Protect Our Care Missouri spokesperson Tom Bastian released the following statement:

“Coming just days after his office participated in an all-out attack on these same consumer protections in a Texas courtroom, Josh Hawley’s lies are an insult to every Missourian with a pre-existing condition, and an affront to the voters he purports to represent. Before he spends one more dollar to keep this misleading ad on the air, Attorney General Hawley should withdraw from the GOP strikedown lawsuit and apologize for putting people with pre-existing conditions at risk.”

ashoup
In News, Statement

Statement from Leslie Dach, Campaign Chair of Protect Our Care, on Today’s Kavanaugh Hearing

“What more do Susan Collins and Lisa Murkowski need to know to vote no?” says Leslie Dach

“Between Kavanaugh’s outright refusal to commit to protecting people with pre-existing conditions yesterday, and today’s revelations that he questions whether Roe is ‘settled law’ and does not understand that birth control prevents abortion, rather than causes it, I just want to know: What more do Susan Collins and Lisa Murkowski, who have declared themselves to be protectors of health care and women’s rights, need to know to vote no on this radical nominee?”

ashoup
In News, Statement

Statement from Brad Woodhouse, executive director of Protect Our Care, in Response to Texas and Kavanaugh Hearings Today

“The fix is in,” says Brad Woodhouse, for people with pre-existing conditions

“There we have it: Trump nominated someone to the United States Supreme Court who today said he would not commit to protecting people with pre-existing conditions on the very same day that Trump’s Department of Justice argued in court in Texas that these protections should be overturned. The fix is in. If anyone still thinks that Trump’s position in the Texas case and the nomination of Judge Kavanaugh to the court is simply a coincidence – drop me a line – I have some ocean front property for you in Kansas.”

ashoup
In News, Statement

Protect Our Care Statement on Rep. Cramer’s Support of Trump-GOP Lawsuit to Eliminate Protects for North Dakotans with Pre-existing Conditions

“For the past 18 months, the Trump Administration and Republicans in Congress, including Rep. Kevin Cramer, have been waging a relentless war on our health care — undermining key protections for people with pre-existing conditions under the Affordable Care Act (ACA). The Trump Administration even went to court and asked a federal judge to overturn those protections. Last week, Kevin Cramer said he agreed with the suit. If Rep. Cramer has his way, insurance companies would have the power once again to deny, drop or charge more for coverage for people with pre-existing conditions like heart disease, cancer or diabetes. They would be able to impose annual or lifetime limits and charge women more. This is not a hypothetical debate. These actions could hurt hundreds of thousands of North Dakotans,” said Leslie Dach, chair of Protect Our Care.  

ADDITIONAL BACKGROUND

Trump Administration Attempts to Reverse Pre-Existing Condition Protections, Threatening 316,000 North Dakotans’ Care

The Trump Administration recently announced a dramatic escalation of its attempts to roll back protections for people with pre-existing conditions, saying its Department of Justice will ask the courts to eliminate these protections. The move comes after multiple attempts by Congress to repeal the Affordable Care Act and Administration proposals to encourage short-term ‘junk’ plans that can discriminate against people with pre-existing conditions.

316,000 North Dakotans Live With A Pre-Existing Condition. About one in two North Dakotans, 50 percent, lives with a pre-existing condition. [CAP, 4/5/17]

154,000 North Dakota Women And Girls Have A Pre-Existing Condition. Approximately 154,000 women and girls in North Dakota live with a pre-existing condition. [CAP & National Partnership For Women and Families, June 2018]

40,800 North Dakota Children Already Have A Pre-Existing Condition. Roughly 41,000 North Dakotans below age 18 live with a pre-existing condition. [CAP, 4/5/17]

73,700 Older North Dakotans Live With A Pre-Existing Condition. 73,700 North Dakota adults between the ages of 55 and 64 live with at least one pre-existing condition, meaning attacks on these protections significantly threaten North Dakotans approaching Medicare age. [CAP, 4/5/17]

THE AFFORDABLE CARE ACT OUTLAWED DISCRIMINATION BASED ON PRE-EXISTING CONDITIONS

Because Of The Affordable Care Act, Insurance Companies Can No Longer Deny Coverage Or Charge More Because Of Pre-Existing Conditions. “Under current law, health insurance companies can’t refuse to cover you or charge you more just because you have a ‘pre-existing condition’ — that is, a health problem you had before the date that new health coverage starts.” [HHS]

The ACA Outlawed Medical Underwriting, The Practice That Let Insurance Companies Charge Sick People And Women More. As the Brookings Institution summarizes, “The ACA outlawed medical underwriting, which had enabled insurance carriers to court the healthiest customers while denying coverage to people likely to need costly care. The ACA guaranteed that all applicants could buy insurance and that their premiums would not be adjusted for gender or personal characteristics other than age and smoking.”

The ACA Stopped Companies From Charging Women More Than Men For The Same Plan. The Affordable Care Act eliminated “gender rating,” meaning American women no longer have to pay an aggregated $1 billion more per year than men for the same coverage.

Thanks To The Affordable Care Act, Insurance Companies Can No Longer Rescind Coverage Because of Illness. Because of the ACA, insurance companies can no longer rescind or cancel someone’s coverage arbitrarily if they get sick.

NOW, THE TRUMP ADMINISTRATION WANTS TO BRING BACK PRE-EXISTING CONDITION DISCRIMINATION

Since Assuming Office, President Trump And Congressional Republicans Have Repeatedly Attempted To Repeal The Affordable Care Act And With It, Protections For People With Pre-Existing Conditions.

  • The Trump Administration Just Asked Courts To Eliminate Protections For People With Pre-Existing Conditions. In early June, the Trump Administration’s Department of Justice decided to argue that courts should throw out the Affordable Care Act’s protections for people with pre-existing conditions.
  • Senate Republican Repeal Bill Would Have Allowed States To Waive ACA Protections, Allowing Insurance Companies To Charge Sick Patients More.
  • House Republican Repeal Bill Would Have Allowed Insurance Companies to Charge People With Pre-Existing Conditions “Prohibitively High Premiums.”

BEFORE THE AFFORDABLE CARE ACT, INSURANCE COMPANIES ROUTINELY DENIED COVERAGE BECAUSE OF PRE-EXISTING CONDITIONS

Before The Affordable Care Act, Insurance Companies Maintained Lists Of So-Called Deniable Medical Conditions. If someone had one or more ‘deniable’ conditions, they were automatically denied coverage. Common ‘deniable’ conditions included:

  • Pregnancy, alcohol or drug abuse with recent treatment, dementia, arthritis, cancer, cerebral palsy, epilepsy, hemophilia, hepatitis, diabetes, paralysis, severe obesity, sleep apnea, AIDS/HIV, kidney disease, multiple sclerosis, bipolar disorder, eating disorders, pending surgery or hospitalization, and muscular dystrophy. [Kaiser Family Foundation, December 2016]

Many Insurance Companies Also Maintained Lists Of Deniable Medications — Meaning That They Could Deny Coverage To Any Applicant With A Prescription For: Anti-arthritic medications, anti-diabetic medications, medications for HIV/AIDS or hepatitis, anti-cancer medications, anti-psychotics or other central nervous system medications, anti-coagulant medications, and other common drugs. [Kaiser Family Foundation, 12/12/16]

Insurance Companies Also Denied Coverage Based On People’s Jobs. For example, Preferred One Insurance Company used to deny coverage from people with the following professions: active military personnel, air traffic controllers, bodyguards, firefighters, law enforcement professionals, detectives, professional athletes, taxi cab drivers, window washers, security guards, scuba divers, miners, pilots, and offshore drillers.

Before The Affordable Care Act, 18 Percent Of Individual Market Applications Were Denied By Insurance Companies Because Of A Pre-Existing Condition. Experts believe this shocking statistic is actually an underestimate, because “many people with health conditions did not apply [for coverage] because they knew or were informed by an agent that they would not be accepted.” [Kaiser Family Foundation, 12/12/16]

If Someone Who Managed To Get Insurance Later Got Sick, Insurance Companies Could Find Ways To Charge Them More Or Rescind Coverage. Before the ACA, if someone had a condition expected to cost the insurance company more, such as acne, the insurance company would follow a practice called “medical underwriting” that allowed them to charge the applicant a higher premium, specifically exclude coverage for the condition that was expected to be costly, charge the applicant a higher deductible, and/or limit the applicant’s benefits (for instance, offer a policy that does not cover prescription drugs). Conditions that would trigger medical underwriting included: acne, allergies, anxiety, asthma, basal cell skin cancer, depression, ear infections, fractures, high cholesterol, hypertension, incontinence, joint injuries, kidney stones, menstrual irregularities, migraine headaches, being overweight, restless leg syndrome, tonsillitis, urinary tract infections, varicose veins, and vertigo.

This Foul Play Impacted Robin Beaton, Whose Insurance Company Denied Her Coverage For A Double Mastectomy Because She Had Previously Received Acne Treatment. “Robin Beaton found out last June she had an aggressive form of breast cancer and needed surgery — immediately. Her insurance carrier precertified her for a double mastectomy and hospital stay. But three days before the operation, the insurance company called and told her they had red-flagged her chart and she would not be able to have her surgery. The reason? In May 2008, Beaton had visited a dermatologist for acne. A word written on her chart was interpreted to mean precancerous, so the insurance company decided to launch an investigation into her medical history. Beaton’s dermatologist begged her insurance provider to go ahead with the surgery…Still, the insurance carrier decided to rescind her coverage. The company said it had reviewed her medical records and found out that she had misinformed them about some of her medical history. Beaton had listed her weight incorrectly. She also didn’t disclose medication she had taken for a pre-existing heart condition — medicine she wasn’t taking when she originally applied for coverage.” [CNN, 6/19/09]

ashoup
In Statement, News

Protect Our Care Statement on the Nomination of Judge Brett Kavanaugh to the Supreme Court by President Trump

Washington, D.C. – Following the nomination of Judge Brett Kavanaugh to the Supreme Court by President Trump, Brad Woodhouse, executive director of Protect Our Care, released the following statement:

“Make no mistake, President Trump had at least two litmus tests for Judge Kavanaugh to become his nominee for the Supreme Court: overturn Roe v. Wade and overturn America’s health care, by gutting protections for those with pre-existing conditions. Such a radical shift on these issues would be disastrous for women’s health and would put the health care of 130 million Americans with pre-existing conditions at risk. This extreme judicial agenda, of ripping health care away from millions of people and returning to an era when women and doctors are criminals, is opposed by the vast majority of the American people. This nomination must be stopped and, given the previous Republican votes against repeal of the Affordable Care Act, and support for the precedent of Roe v Wade, it can be.”

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