January 3, 2020
Carson City, NV – Today, Nevada Attorney General Aaron D.
Ford and a coalition of 20 states filed a petition to the U.S. Supreme Court
seeking review of the Fifth Circuit’s recent decision in Texas v. U.S. The decision held the individual mandate of the
Affordable Care Act (ACA) unconstitutional and called into question whether the
remaining provisions of the ACA could still stand, including those that protect
and provide coverage to Americans with pre-existing conditions. Because this
decision causes uncertainty that may harm the health of millions of Americans,
as well as doctors, clinics, patients and the healthcare market, AG Ford is petitioning
the Supreme Court to take up the case and resolve it before the end of the
Court’s current term in June.
“With the future of
the Affordable Care Act in jeopardy, the health care of hundreds of thousands
of Nevadans hangs in the balance,” said AG Ford. “There may be long-term
effects for 133 million Americans with pre-existing conditions, as well as
seniors dependent on Medicare and children under the age of 26. My office will
be using its legal tools to defend Nevadans’ right to affordable and accessible
healthcare.”
The lawsuit was
originally filed by a Texas-led coalition and supported by the Trump
Administration, which argued that Congress rendered the ACA’s individual
mandate unconstitutional when it reduced the penalty to $0. They further argued
that the rest of the ACA should be held invalid as a result of that change. Today’s
coalition of states defended the ACA in its entirety, supported by a bipartisan
group of scholars, economists, public health experts, hospital and provider
associations, patient groups, counties, cities and more. The Fifth Circuit held
that the individual mandate is unconstitutional, but declined to further rule
on the validity of the ACA’s remaining provisions. The Court instead sent the
case back to the Northern District of Texas to determine which provisions of
the 900-page law are still valid.
Today’s filing makes
clear that patients, doctors, hospitals, employers, states, pharmaceutical
companies and more will be impacted by the looming uncertainty of the Fifth
Circuit’s decision. It asks the Supreme Court to review the case this term, and
highlights important advancements in healthcare access made under the ACA,
including:
- More than 12 million
Americans receiving coverage through Medicaid expansion;
- Nearly 9 million
individuals nationwide receiving tax credits to help afford health insurance
coverage through individual marketplaces;
- Millions of working
families relying on high-quality employer-sponsored insurance plans;
- Important
protections prohibiting insurers from denying health insurance to the 133
million Americans with pre-existing conditions (like diabetes, cancer or
pregnancy) or from charging individuals higher premiums because of their health
status; and
- Nearly $1.3 trillion
in federal funding being dedicated to keeping Americans healthy and covered,
including Medicaid expansion and public health dollars.
Joining AG Ford in
today’s filing are the Attorneys General of California, Colorado, Connecticut,
Delaware, Hawaii, Illinois, Iowa, Massachusetts, Michigan, Minnesota (by and
through its Department of Commerce), New Jersey, New York, North Carolina,
Oregon, Rhode Island, Vermont, Virginia, Washington, and the District of
Columbia, as well as the Governor of Kentucky.
A copy of the
petition is attached.
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