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Trump Goes After Pre-Existing Conditions Again By Doubling Down on Junk Insurance Plans in the Debate on the Next Coronavirus Relief Bill

Washington, DC Yesterday, the White House sent an email reaffirming their support for junk insurance plans by opposing a provision in the Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act that clamps down on the promotion of these deceitful plans that don’t cover protections for pre-existing conditions. This is yet another effort by President Trump, including his lawsuit to terminate the ACA, to rip protections from 135 million Americans with pre-existing conditions. His support for these plans is even more egregious in the face of the coronavirus pandemic that has caused millions of Americans to lose their health care. These newly uninsured families could be duped into buying junk plans only to end up paying crippling costs for treatment if they catch the virus. In response, Protect Our Care Chair Leslie Dach issued the following statement: 

“It’s shameful that the White House is standing by their promotion of junk insurance plans that don’t protect people with pre-existing conditions at a time when people’s health and safety is so important. The president’s ongoing efforts to rip protections away from the 135 million Americans with pre-existing conditions and his refusal to allow the uninsured to use the Affordable Care Act to purchase affordable health insurance when they need it the most, shows his complete disregard for Americans’ health during this crisis. Everyone who contracts the coronavirus could now have a pre-existing condition and the Trump administration wants them to be at the mercy of insurance companies who could refuse to pay for their future care. If this president was serious about protecting Americans during this crisis, he wouldn’t be promoting these disastrous junk insurance plans that don’t fully protect people with pre-existing conditions.”

BACKGROUND:

On May 14, The White House Sent An Email Attacking The HEROES Act Provision Banning The Promotion Of Junk Plans That Do Not Cover Pre-Existing Conditions. “A BAN on information about low-cost health insurance. That’s right—House Democrats want to forbid the government from sharing any information with you about lower-cost health options such as association plans or short-term plans. Even as families try to cope with job and wage losses, Speaker Pelosi doesn’t want them to learn about options that are up to 60 percent cheaper than Obamacare.” [White House Email, 5/14/20] 

THIS WEEK: Protect Our Care Hosts Press Calls with Leader Schumer, Democratic AGs and Elected Officials Nationwide to Discuss Amicus Briefs Filed Against Trump-Republican Lawsuit to Terminate Health Care

Lawsuit Decried as “Cruel, Economically Stupid and Dangerous”

This week, Protect Our Care hosted press calls and digital events across the country with elected officials to bring attention to the Trump-Republican lawsuit to overturn the Affordable Care Act (ACA) and discuss the briefs from Senate Democrats and other groups filed Wednesday in the Supreme Court. During press events with attorneys general and elected officials in Colorado, Maine, Michigan, Minnesota, New Hampshire and Wisconsin, Democratic leaders described the damage of this lawsuit which if successful would rip health care from 20 million Americans and throw the health care system into complete chaos as the country grapples with the coronavirus pandemic. 

Protect Our Care also hosted a national press call Wednesday with Senate Democratic Leader Chuck Schumer, former HHS Secretary Kathleen Sebelius and Visiting Lecturer in Law at Yale Law School Andy Pincus, who made clear the devastation that would ensue if health care is ripped away from 20 million Americans as well as protections for 135 million with pre-existing conditions at a time when ensuring people’s health has never been more important.

POC also hosted a call on Tuesday with Senator Chris Murphy and Little Lobbyists to discuss the real-life human impacts of the lawsuit.

A look at Protect Our Care’s activity this week: 

NATIONAL PRESS CALLS

Wednesday, May 13 – Press Call with Senate Democratic Leader Chuck Schumer (NY), Former HHS Secretary Kathleen Sebelius and Visiting Lecturer in Law at Yale Law School Andy Pincus 

“Now more than ever, Americans need the Affordable Care Act. And yet, in the middle of this public health and economic emergency, the Trump administration is dedicating time and resources to eliminating health care coverage and pre-existing condition protections for millions of Americans,” said Leader Chuck Schumer. “But Senate Democrats won’t give up this fight. We are calling on the highest court of the land to affirm the constitutionality of the Affordable Care Act and protect Americans’ care. The facts and the law are indisputably on our side.”

“Taking away health care from millions of Americans in the midst of a pandemic is cruel, economically stupid and dangerous,” said former HHS Secretary Kathleen Sebelius. “Despite this lawsuit — and innumerable other efforts to sabotage the Affordable Care Act — the ACA is working to make health care more widely accessible and affordable. We should be working to strengthen it, not undermine it.”

“The nearly three dozen amicus briefs that will be filed today, together with the briefs filed last week by the House of Representatives and California and the other intervening states, demonstrate that there simply are no credible legal grounds for the argument by Texas and the Trump administration,” said Andy Pincus, Partner at Mayer Brown and Visiting Lecturer in Law at Yale Law School. “These briefs also make clear the huge stakes of this case: everyone with a role in the health care system – from patient groups to health care providers to hospitals – is filing in support of the ACA. They all recognize the catastrophic consequences that would result from invalidating the ACA—and especially from doing so while the nation is fighting a pandemic.”

Listen to the call here.

Tuesday, May 12 – Press Call with Sen. Chris Murphy (D-CT)

“Because of the ongoing coronavirus crisis, we are approaching a 20% unemployment rate, meaning more and more Americans are finding themselves reliant on the Affordable Care Act and Medicaid in order to get themselves and their family insurance,” said Senator Chris Murphy. “And so, the number of people who are now at risk of losing their health insurance, if President Trump lawsuit is successful, is not just 20 million. It might be 25 million, or 30 million, or 35 million. The stakes are just hard to get your head wrapped around. So it makes no sense that this administration is pursuing a repeal of the Affordable Care Act without a replacement. But it makes even less sense that the administration is continuing to pursue this dangerous repeal effort in the middle of a pandemic.”

Listen to the call here.

STATE PRESS CALLS 

COLORADO

Monday, May 11 – Digital Roundtable with State Rep. Yadira Caraveo, Health Care Providers and Advocates

“I got to see what life was like before the ACA and how life has improved for my patients since the passing of the ACA,” said State Representative and pediatrician Yadira Caraveo. “Before the ACA was passed, we worried about labeling patients as having pre-existing conditions. Pediatric patients don’t have too many chronic diseases, but asthma is one of them. We used to get very creative when it came to wording for kids with wheezing or coughs, to try not to say asthma on their charts, because we knew that would affect them all the way down the line in getting insurance. If people lose access to preventive and primary care due to the elimination of the ACA… then we stand to see an increase in all sorts of illnesses down the line.”

Watch the roundtable here.

MAINE

Wednesday, May 13 – Bangor Daily News Op-Ed by State Rep. Thom Hartnett

“The Trump administration is making a tired, partisan, and nearly decade-long argument that, in the middle of a national crisis, would threaten the lives of even more innocent people. Republicans should drop this lawsuit and focus on protecting Mainers and all Americans when they need it the most,” said State Rep. Thom Hartnett. “Will COVID-19 be the newest pre-existing condition to be excluded from health insurance protection? We need the ACA now more than ever. The Trump administration’s relentless pursuit to hobble it is shameful.”

Read the full Bangor Daily News op-ed here.

MICHIGAN

Monday, May 11 – Oakland Press Op-Ed by David Woodward, Chairman of the Oakland County Board of Commissioners

“Eliminating the ACA would devastate the lives of Michiganders, including 73,000 Michigan young adults and 527,600 children in Michigan who would lose access to health care,” said Chairman David Woodward. “This week’s activities mark the beginning of a critical phase in the fight to protect Americans as our nation continues to grapple with this current unprecedented public health disaster. Trump and his allies will make absurd arguments to justify ripping health care from 20 million throughout these proceedings, while the death toll from the COVID-19 pandemic continues.”

Read the full Oakland Press op-ed here.

MINNESOTA

Wednesday, May 13 – Press Call with MN AG Keith Ellison and Former CMS Administrator Andy Slavitt

“The bottom line is that this lawsuit shows just how out of touch this administration is with the needs of Americans all over this country, regardless of geography or political persuasion,” said Minnesota Attorney General Keith Ellison. “At the end of the day, in a country as wealthy and endowed with expertise and health care infrastructure such as ours is, no one should be worried about going bankrupt because they got sick. Yet, that is exactly what the door will be opened to if we cannot protect the Affordable Care Act.” 

“If this lawsuit prevails, and the Affordable Care Act is eliminated, it would be a complete disaster. The fact is that 2.4 million Minnesotans could be discriminated against and no longer be able to get health insurance coverage because of a pre-existing condition,” said former CMS Administrator Andy Slavitt. “This will hurt the communities who need health care the most.”

Listen to the press call here.

NEW HAMPSHIRE

Wednesday, May 13 – Digital Roundtable with Rep. Annie Kuster (NH-02)

“It’s unconscionable that President Trump and Congressional Republicans continue fighting in court to eliminate the Affordable Care Act, even as we are in the midst of combating a once in a lifetime pandemic with COVID-19,” said Rep. Annie Kuster. “More than 52 million Americans and 200,000 Granite Staters live with pre-existing conditions here in New Hampshire and every single day they’re threatened by the attacks of this administration on the Affordable Care Act.” 

Watch the roundtable here.

WISCONSIN

Thursday, May 14 – Digital Press Conference with WI AG Josh Kaul 

“This is a time when we need to make sure that if people need access to healthcare they are able to get it,” said Wisconsin Attorney General Kaul. “We need to make sure we are protecting people’s financial security. The Affordable Care Act does both of those things. Attacking [the law] in any case is a mistake, but attacking it in the middle of a pandemic is just horrible policy. We need to do what we can to keep the Affordable Care Act in place and that’s why we joined this amicus brief. I think it’s critical we keep these protections in place.”

Watch the press conference here.

Pennsylvania Seniors Bear the Brunt of Trump’s Disastrous Coronavirus Response

Washington, DC — Today, President Trump is touring a medical equipment distribution center in Allentown, Pennsylvania where he will undoubtedly lie about his own administration’s disastrous response effort, which has severely impacted senior populations in Pennsylvania and across the country. Trump’s failure to provide adequate testing and PPE for nursing homes has put America’s seniors, who were already at higher risk to the coronavirus, in even greater danger. To make matters worse, Trump’s war on health care has also been devastating to seniors, and they now face even greater risks as the country faces a once-in-a-lifetime health care crisis while the president seeks to strip health care from 20 million Americans. In response, Protect Our Care Chair Leslie Dach issued the following statement: 

“America’s senior populations and nursing homes have been devastated by the coronavirus crisis and bore the brunt of President Trump’s disastrous response that’s failed to keep them safe. President Trump’s actions to sabotage Americans’ health care including his lawsuit to overturn our health care law and desire to gut Medicaid and Medicare will have far reaching consequences for Pennsylvania’s seniors who rely on the law and on these programs especially during this crisis. If the president was serious about taking steps to helping seniors through this crisis he would stop trying to tear apart our health care system and instead aggressively ramp up testing and production of protective equipment so that seniors in Pennsylvania and across the country are able to protect themselves from this deadly virus.” 

BACKGROUND:

Seniors And Older Adults Face Higher Risks In The Coronavirus Pandemic

  • According to the Centers for Disease Control and Prevention, the groups “at high-risk for severe illness from Covid-19” are people 65 years and older and individuals who live in nursing homes and long-term care facilities. 
  • More than 80,000 Americans have died from coronavirus, with nearly 80 percent of deaths among those over the age of 65. 
  • Nursing homes and long-term care facilities across the country have experienced a surge in outbreaks, with about one third of U.S. deaths associated with these facilities. 
  • Coronavirus is also a threat to millions of seniors and older adults who live outside of institutions and may be exposed through work, family members, or caregivers. 
  • Roughly 47 million older adults nationwide are aging in place. More than seven million seniors, or 15 percent of the 65-and-older population residing outside of nursing homes, are considered medically frail. And 60 percent of this group have at least two chronic conditions, such as heart disease or diabetes, which are serious risk factors for developing coronavirus complications. According to the Center for American Progress, nearly 32 million people age 55-64 have pre-existing conditions. 
  • Seniors residing in rural areas face additional risks. More than 7 million people age 60 and up reside in counties without intensive care beds. Additionally, 2.7 million in this group live in counties without any hospitals at all. Seniors, both those residing in nursing homes and at home, are facing additional challenges during this crisis, including isolation, food insecurity, and limited health care access. 

Trump’s Health Care Sabotage Agenda Particularly Is Harmful to Seniors

  • President Trump’s attacks on American health care have had devastating consequences for older adults. The Trump administration has worked tirelessly to undermine the ACA, Medicaid, and Medicare even as millions of seniors and older adults rely on these programs for coverage. 
  • Trump has also broken his campaign promise to let Medicare negotiate for lower drug prices, despite overwhelming support from the American people.
  • Trump’s war on health care has only exacerbated the coronavirus crisis. Comprehensive and affordable coverage is essential to ensuring that individuals with coronavirus symptoms receive the lifesaving care they need.
  • Low-income individuals are especially at risk of being exposed to the virus, as they are often service workers deemed essential and are unable to practice social distancing, but they are less likely to be insured and therefore may delay necessary care. 
  • The Kaiser Family Foundation that 2 million uninsured patients could be hospitalized due to the virus, threatening to leave them with tens of thousands in medical bills. 

Seniors Stand To Lose If The ACA Is Overturned. If The ACA Is Struck Down In Court

  • People Over The Age of 50 Will 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.
  • 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.
  • Seniors Will No Longer Be Guaranteed Free Preventive Services And Annual Check-Ups. 60 million people with Medicare have access to free preventive services because of the Affordable Care Act.
  • Seniors Could Once Again See Less Coordinated Care. Provisions in the ACA encouraged groups of doctors, hospitals, and other health care providers to come together to provide coordinated high-quality care to the Medicare patients they serve. In fact, 8.9 million Medicare beneficiaries are now benefiting from higher quality, more coordinated care. 

Trump’s Coronavirus Response Has Made Pennsylvania Less Safe

  • The Trump Administration Failed To Secure Testing. After the Trump administration decided not to use tests adopted by the World Health Organization, the CDC experienced errors and delays with their own tests. The lack of tests meant public health officials could not use surveillance testing to monitor the virus’ spread. On March 30, 2020, Trump claimed that he had not “heard about testing being a problem” in weeks, despite multiple state and local officials ringing the alarm about a lack of testing on a daily basis. 
  • Trump Refused To Authorize The Defense Production Act Until It Was Too Late. Trump waited until hospitals were already experiencing severe shortages of life-saving equipment to invoke the Defense Production Act. Had Trump acted two months ago, experts and Ford’s own timeline agree that critical supplies would already be in production. Because Trump delayed acting, necessary equipment is unlikely before June. 
  • Trump Cut Key Positions To Help Pandemic Prevention Efforts. In 2018, the Trump administration dismantled the entire global health security unit at the National Security Council, reassigning its leader, Rear Adm. Timothy Ziemer, a long-time public health official who had served under both the Bush and Obama administrations. Additionally, Tom Bossert, another key official for infectious disease preparedness and biodefense strategy, left that same year. No one has since filled these positions. In 2017, the Washington Post reported that Trump had “failed to fill crucial public health positions across the government, leaving the nation ill-prepared” for a global pandemic. Trump tried to cut the global health section of the CDC, laying off staff and closing 80% of epidemic prevention activities that were designed to combat public health crises like this one. Trump also eliminated a key CDC position focused on detecting disease outbreaks in China and cut the staff at the Beijing office of the CDC by two thirds.
  • Trump Has Repeatedly Ignored Experts And Spread Misinformation About The Outbreak. Dating back to January, Trump ignored warnings about the crisis and sought to downplay the crisis. He falsely claimed the virus would disappear by April, and repeatedly said the USA was in “very good shape” in hopes of calming the markets. In February, Donald Trump cut HHS Secretary Alex Azar’s budget request to buy respirator masks and other supplies for the national stockpile by 75 percent. Now a mask shortage is forcing health care workers in Pennsylvania to go without critical protective equipment.
  • Trump’s Order For All Nursing Home Residents And Staff To Be Tested Is Too Little, Too Late. In May, the Trump administration finally ordered that all nursing home residents and staff be tested for coronavirus, however the order remains toothless as the federal government has declined to provide resources or funding for these critical tests. Advocates and industry executives say that in many states, universal testing isn’t feasible without the federal government providing the money or means to do it.

 

 

TOMORROW: Trump Heads to Pennsylvania to Rewrite His Shameful Record of Failing to Prepare the Keystone State for the Coronavirus Crisis, But Pennsylvanians Aren’t Buying It

Washington, DC — Tomorrow, President Trump will tour a medical equipment distribution center in Allentown, Pennsylvania in a blatant attempt to rewrite his disastrous response to the coronavirus. President Trump’s handling of the coronavirus response is already deeply unpopular with Pennsylvanians, who overwhelmingly trust their governor and local leaders more than the president to deal with the pandemic. Protect Our Care Executive Director Brad Woodhouse released the following statement ahead of the president’s trip:

“From the start of this crisis, President Trump has failed to get local officials and medical professionals in Pennsylvania and across the country the equipment and resources they need to adequately fight this pandemic. However, long before the coronavirus came to our shores, Donald Trump’s sabotage of our health care system left us woefully unprepared. At a time when access to health care has never been more critical, President Trump supports the lawsuit to rip coverage from 20 million more Americans, including more than 850,000 Pennsylvanians, and throw the health care system into chaos as the country grapples with this crisis and as deaths and infections continue to rise. It’s no wonder that Pennsylvanians overwhelmingly trust their local leaders more than Trump when it comes to their health and safety during this crisis.”

BACKGROUND:

How Trump Is Making The Coronavirus Worse For Pennsylvanians 

President Trump has helped fuel the coronavirus crisis in Pennsylvania. Between downplaying the outbreak and failing to meet the needs of the health care system, Trump has failed Pennsylvanians and people across the country. Making matters worse, Trump failed to meet the state’s dire need for assistance. 

Where Pennsylvania Stands: 

Number Of Pennsylvania Cases Reported: 57,991
Number Of Pennsylvania Deaths: 3,806
Total Number Of People Tested In Pennsylvania: 295,980

Trump Aid Fell Short Of Pennsylvania Needs:

Governor Wolf Said Trump’s Disaster Relief Fell Short Of The State’s Need. “President Donald Trump on Tuesday approved a major disaster declaration for Pennsylvania that Gov. Tom Wolf said fell short of the full assistance he requested to help the state and its residents during the coronavirus pandemic.’We are grateful for federal funding that will support all levels of government as we work together to stop the spread, and support those who care for the ill,’ Wolf said in a statement, ‘but I remain unwavering in my call for the approval of the rest of my request, which will provide more direct support to our friends and neighbors who are facing financial difficulties that otherwise could be insurmountable.’” [Ellwood City Ledger, 3/31/20

  • Trump’s Approval Failed To Include Critical Assistance For Pennsylvanians. “Wolf said the declaration did not address his request for assistance through Individual Assistance programs, Disaster Unemployment Assistance, Crisis Counseling, Community Disaster Loans and Disaster Supplemental Nutrition Program and Statewide Hazard Mitigation.”

Trump’s Coronavirus Response Has Made Pennsylvania Less Safe

The Trump Administration Failed To Secure Testing. After the Trump administration decided not to use tests adopted by the World Health Organization, the CDC experienced errors and delays with their own tests. The lack of tests meant public health officials could not use surveillance testing to monitor the virus’ spread. On March 30, 2020, Trump claimed that he had not “heard about testing being a problem” in weeks, despite multiple state and local officials ringing the alarm about a lack of testing on a daily basis. 

Trump Refused To Authorize The Defense Production Act Until It Was Too Late. Trump waited until hospitals were already experiencing severe shortages of life-saving equipment to invoke the Defense Production Act. Had Trump acted two months ago, experts and Ford’s own timeline agree that critical supplies would already be in production. Because Trump delayed acting, necessary equipment is unlikely before June. 

Trump Cut Key Positions To Help Pandemic Prevention Efforts. In 2018, the Trump administration dismantled the entire global health security unit at the National Security Council, reassigning its leader, Rear Adm. Timothy Ziemer, a long-time public health official who had served under both the Bush and Obama administrations. Additionally, Tom Bossert, another key official for infectious disease preparedness and biodefense strategy, left that same year. No one has since filled these positions. In 2017, the Washington Post reported that Trump had “failed to fill crucial public health positions across the government, leaving the nation ill-prepared” for a global pandemic. Trump tried to cut the global health section of the CDC, laying off staff and closing 80% of epidemic prevention activities that were designed to combat public health crises like this one. Trump also eliminated a key CDC position focused on detecting disease outbreaks in China and cut the staff at the Beijing office of the CDC by two thirds. 

Trump Has Repeatedly Ignored Experts And Spread Misinformation About The Outbreak. Dating back to January, Trump ignored warnings about the crisis and sought to downplay the crisis. He falsely claimed the virus would disappear by April, and repeatedly said the USA was in “very good shape” in hopes of calming the markets. In February, Donald Trump cut HHS Secretary Alex Azar’s budget request to buy respirator masks and other supplies for the national stockpile by 75 percent. Now a mask shortage is forcing health care workers in Pennsylvania to go without critical protective equipment.

By Late March, It Became Clear Pennsylvania Was Facing An Unprecedented Health Crisis:

Testing Failures

Philadelphia Inquirer: Experts Say That Much Of The Coronavirus’ Spread “Is Due To Shortages That Have Forced Health Officials To Ration Testing.” “The coronavirus is taking ever deeper roots in the Philadelphia region and across the country, and much of that spread, experts say, is due to shortages that have forced health officials to ration testing. But the problems go deeper than a lack of test kits. Potentially infected patients are supposed to start the process of getting tested with their health-care provider, but many family physicians and urgent care clinics report not having the protective gear or the protocols needed to safely and correctly swab patients’ noses and throats, then ship the specimens to labs.” [Philadelphia Inquirer, 3/13/20

Overwhelmed Hospitals

Gov. Tom Wolf Warned: “Our Hospitals Will Soon Be Overwhelmed.” “Gov. Tom Wolf said Wednesday the rising number of coronavirus cases poses a substantial challenge to Pennsylvania’s hospitals. If cases continue growing exponentially, Wolf said, ‘Our hospitals will soon be overwhelmed.’” [PennLive, 3/25/20

Dr. Rachel Levine, Pennsylvania’s Secretary Of Health, Warned That “If We Do Not All Stay Home And Stay Safe, Then We Will See The Worst-Case Scenario.” Health Secretary Dr. Rachel Levine said Tuesday continued social distancing is needed to ensure hospitals aren’t overwhelmed…Levine said, “If we do not all stay home and stay safe, then we will see the worst-case scenario in all of these models, including the potential overwhelming of our health care systems.” [Penn Live, 3/31/20] 

Supply Shortages

“The Biggest Concern In Pennsylvania This Week Is A Looming Shortage Of Life-Saving Supplies And Healthy Medical Workers Needed To Treat A Surge Of Coronavirus Patients.” [York Daily Record, 3/24/20

Pennsylvania Health Care Workers Said There’s A Shortage Of Personal Protective Equipment.The Pennsylvania Healthcare Association, which represents Donna and thousands of other health care workers around the state are demanding the federal government release masks and equipment from the national stockpile, produce new supplies, and make sure frontline workers have easy access to testing.” [CBS 21, 3/30/20]

Registered Nurse In Northeastern Pennsylvania Said That Workers At Her Nursing Home Do Not Have Surgical Gowns And Were Being Told To Reuse Paper Masks. “Donna, a registered nurse for more than 30 years, works at a nursing home in northeastern Pennsylvania. She says three coworkers recently tested positive for COVID-19. Donna also says workers don’t have surgical gowns and are being told to reuse paper masks for a week and keep them in paper bags when they’re not using them. She says in her three decades as a nurse, she never imagined she’d be facing a pandemic like the one we’re in now. ’It’s frightening. It’s a very scary situation. As frontline workers, we are fighting against an invisible enemy and yet so little is being done to protect us,’ Donna said.” [CBS 21, 3/30/20]

NEW AUDIO: Leader Schumer Blasts Senator John Cornyn for Shameless Hypocrisy on Health Care

Leader Schumer Responds to Senator Cornyn Suggesting People Sign Up for ACA Coverage, Despite Vocally Supporting Lawsuit to Overturn the Law 

On a press call with Protect Our Care this afternoon, Senate Democratic Leader Chuck Schumer blasted Republican Senator John Cornyn (TX) for the blatant hypocrisy he displayed when, during an interview this week, he encouraged people to sign up for ACA coverage despite voting repeatedly to repeal the ACA and failing to condemn the ongoing Texas lawsuit to overturn the law in court.

Senator Cornyn’s comments come as a new study out today revealed that roughly 27 million people have lost their health insurance due to the global pandemic. What’s particularly shameless about Cornyn’s remarks, is that he has propped up the ongoing lawsuit to repeal the ACA, which if successful, would likely prevent those who have lost their insurance from gaining access to coverage, on top of kicking an additional 20 million people off of their health care. Cornyn knows his stance on the ACA, and repeated actions to destroy the law, are deeply unpopular, but he isn’t fooling anyone by his new-found interest in people’s health care.

LISTEN: Leader Schumer calls out Senator Cornyn for health care hypocrisy

(7:44) Leader Schumer: “If you ever wanted to see the hypocrisy of the Republicans and how the coronavirus crisis has strengthened the need for health care, I wanted to give you a quote from John Cornyn, formerly the number two and still a member of the leadership team in the Republican Senate. He voted more than a dozen times to repeal the ACA. He’s one of the leaders in the Senate to dismantle it. Here’s what he said on Monday: ‘The good news’ – that’s his words – ‘is that people can sign up for President Barack Obama’s signature health care law if they’ve lost their jobs and need health insurance amid the coronavirus pandemic.’ Here’s his quote: ‘The good news is that if you lose your employer-provided coverage, which covers about a 180 million Americans, that is a significant life event, which makes you then eligible to sign up for the ACA’…As you know, it has a sliding scale of subsidies up to 400%…So that’s an option for people.’”

“Can you imagine? One of the leading people who is trying to dismantle health care now confronted with the crisis of corona, saying ‘here’s good news, we have ACA.’ What hypocrisy. But it also shows you where the public is. John Cornyn is running for re-election I imagine, you know, he knows that his efforts to repeal health care are not even popular in red, red Texas. And he has to say this. If you ever wanted evidence that corona has strengthened people’s desire for health care despite what this Trump administration is trying to do, there it is.”

Leader Schumer, Kathleen Sebelius and Protect Our Care Discuss Consequences of Trump-Republican Lawsuit to Overturn the ACA

Call Audio Available Here

Washington, DC — Today, Senate Democratic Leader Chuck Schumer, former HHS Secretary Kathleen Sebelius, Visiting Lecturer in Law at Yale Law School Andy Pincus and Protect Our Care held a press call to discuss the briefs being filed in the Supreme Court by Senate Democrats and other groups opposing the Trump-Republican lawsuit to overturn the Affordable Care Act. On the call, Senator Schumer, Secretary Sebelius and Protect Our Care Chair Leslie Dach described the consequences of the lawsuit, particularly in the midst of the coronavirus crisis. They also made clear the devastation that would ensue if health care is ripped away from 20 million Americans as well as protections for 135 million with pre-existing conditions at a time when ensuring people’s health has never been more important. Senator Schumer reaffirmed Senate Democrats’ commitment to protecting Americans’ health care from this disastrous lawsuit and making sure people have access to the care they need at time when they need it most. Oral arguments before the Supreme Court in the case are expected in the fall of 2020.

“Now more than ever, Americans need the Affordable Care Act. And yet, in the middle of this public health and economic emergency, the Trump administration is dedicating time and resources to eliminating health care coverage and pre-existing condition protections for millions of Americans,” said Leader Schumer. “But Senate Democrats won’t give up this fight. We are calling on the highest court of the land to affirm the constitutionality of the Affordable Care Act and protect Americans’ care. The facts and the law are indisputably on our side.”

“Taking away health care from millions of Americans in the midst of a pandemic is cruel, economically stupid and dangerous,” said former HHS Secretary Kathleen Sebelius. “Despite this lawsuit — and innumerable other efforts to sabotage the Affordable Care Act — the ACA is working to make health care more widely accessible and affordable. We should be working to strengthen it, not undermine it.”

“The nearly three dozen amicus briefs that will be filed today, together with the briefs filed last week by the House of Representatives and California and the other intervening states, demonstrate that there simply are no credible legal grounds for the argument by Texas and the Trump administration,” said Andy Pincus, Partner at Mayer Brown and Visiting Lecturer in Law at Yale Law School. “These briefs also make clear the huge stakes of this case: everyone with a role in the health care system – from patient groups to health care providers to hospitals – is filing in support of the ACA. They all recognize the catastrophic consequences that would result from invalidating the ACA—and especially from doing so while the nation is fighting a pandemic.”

“The single most important issue for Americans in the middle of this crisis is their health care, and yet President Trump is doing everything he can to rip that away from them,” said Protect Our Care Chair Leslie Dach. “If the president and his Republican allies are successful in repealing the ACA through this lawsuit, 20 million Americans will lose their health insurance, on top of the millions who have already lost their employer-based insurance during the pandemic. Everyone who contracts the coronavirus could now have a pre-existing condition and be at the mercy of their insurance companies who could refuse to pay for needed care. Today’s filings by Senate Democrats, governors and other health care groups reveal the dramatic impacts of the Trump administration’s lawsuit. It’s critical that Americans understand just what’s at stake if this disastrous and irresponsible lawsuit succeeds.”

BACKGROUND:

View the full fact sheet on Trump-Republican lawsuit to overturn the ACA HERE.

If the Affordable Care Act is struck down:

  • GONE: Protections for 135 million Americans with pre-existing conditions. The uninsured rate will increase by 65 percent. 
  • GONE: Medicaid expansion, which covers 17 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. As Americans lose coverage, already struggling hospitals will be hit even harder as their costs increase.

NEW STUDY: 27 Million More Americans Lost Health Care Because of Coronavirus, and Trump is Going to the Supreme Court to Keep it That Way

Washington, DC — A new study out today from the Kaiser Family Foundation determined that 27 million Americans have likely lost their health care since the start of the coronavirus crisis. That number, on top of millions of Americans already uninsured creates a dangerous situation for the country reeling from a global pandemic. Kaiser concluded that more than 20 million of those newly-uninsured individuals are eligible for coverage under the ACA or Medicaid. But if the Trump-Republican lawsuit currently before the Supreme Court to overturn the ACA is successful, those 20 million uninsured will no longer have access to ACA subsidies or coverage under Medicaid expansion. In response to this new study, Protect Our Care Chair Leslie Dach issued the following statement: 

“As Trump goes to court to ‘terminate’ health care for millions of Americans, millions more have already lost their coverage due to the economic impacts of coronavirus. The Kaiser Family Foundation determined that 27 million Americans likely lost their health care on top of the estimated 28 million already uninsured, potentially leaving 55 million Americans without coverage in the middle of this health crisis. Of the 27 million losing coverage, roughly 20 million are eligible for ACA subsidized insurance either because they live in a state that has expanded Medicaid or are eligible for financial assistance on the exchange. The Trump-Republican lawsuit to overturn the ACA would wipe out all of that, leaving millions without access to coverage when they need it most. It’s mind-boggling that Trump and the Republicans are persisting in their effort to strip Americans of health care coverage during the country’s most devastating public health emergency in a century.” 

Senator Murphy, Little Lobbyists and Protect Our Care Discuss Far-Reaching Consequences of Overturning the Health Care Law During Global Pandemic

Senator Murphy and Little Lobbyists Discuss the Human Toll of the Trump-Republican Lawsuit and the Devastating Impact of Ripping Health Care From 20 Million Americans During the Global Pandemic

Call Audio Available Here

Washington, DC — On a press call today, Senator Chris Murphy (D-CT) and Laura Hatcher of Little Lobbyists, along with Protect Our Care discussed the dire consequences of California v. Texas, the Trump-Republican lawsuit to overturn the Affordable Care Act. Participants on today’s call brought attention to the real-life impact of overturning the law and what ripping health care from 20 million Americans would look like for communities who rely on the Affordable Care Act and its protections, especially during the coronavirus crisis. 

“Because of the ongoing coronavirus crisis, we are approaching a 20% unemployment rate, meaning more and more Americans are finding themselves reliant on the Affordable Care Act and Medicaid in order to get themselves and their family insurance,” said Senator Murphy. “And so, the number of people who are now at risk of losing their health insurance, if President Trump lawsuit is successful, is not just 20 million. It might be 25 million, or 30 million, or 35 million. The stakes are just hard to get your head wrapped around. So it makes no sense that this administration is pursuing a repeal of the Affordable Care Act without a replacement. But it makes even less sense that the administration is continuing to pursue this dangerous repeal effort in the middle of a pandemic.”

“Our nation is in the middle of a pandemic, and not only am I worried about my child’s vulnerability to this virus, I am worried he will lose access to the daily health care he needs to stay alive because the president and some GOP attorneys general are determined to destroy my family’s access to health care through the courts” said Laura Hatcher with the Little Lobbyists. “Access to high quality affordable health care protects my family from economic ruin, it protects my child’s right to live in his community with his family who loves him, and is literally the difference between life and death every single day.”

“This disastrous lawsuit will have far-reaching consequences for millions of Americans who rely on our health care law for lifesaving care and critical protections, especially during this crisis,” said Protect Our Care Executive Director Brad Woodhouse. “This lawsuit may be a political stunt for Trump and Republicans, but it’s a life-or-death fight for the millions of Americans who rely on the Affordable Care Act for affordable coverage and critical protections. The health and safety of our nation hangs in the balance in this case, and it’s shameful that Trump continues his quest to ‘terminate’ health care for 20 million Americans and protections for 135 million with pre-existing conditions as the country grapples with the worst health care crisis in a generation.” 

BACKGROUND:

View the full fact sheet on Trump-Republican lawsuit to overturn the ACA HERE.

If the Affordable Care Act is struck down:

  • GONE: Protections for 135 million Americans with pre-existing conditions. The uninsured rate will increase by 65 percent. 
  • GONE: Medicaid expansion, which covers 17 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. As Americans lose coverage, already struggling hospitals will be hit even harder as their costs increase.

House Democrats Take Action to Improve and Expand Access to Health Care in Heroes Act

House Coronavirus Relief Bill Addresses Health Care Challenges Exacerbated By the Coronavirus Crisis

Washington, DC — Today, the House unveiled its next coronavirus relief package that expands access to affordable health care and stops efforts by the administration to take away core health care protections during this crisis. The bill introduced today includes provisions to allow the uninsured to purchase coverage through the ACA, increases federal funds to support state Medicaid programs and adequately funds testing and contact tracing to slow the spread of the virus. Furthermore, these provisions are overwhelmingly supported by the American public according to recent polling. In response to the bill unveiled today, Protect Our Care Chair Leslie Dach released the following statement: 

“More Americans will get sick or die during this crisis because they are uninsured or do not have access to affordable quality care, especially when millions of Americans have lost their jobs and their existing health insurance. Since day one of his presidency, Donald Trump has waged a war on Americans’ health care, and his attacks on the Affordable Care Act and Medicaid are even more dangerous during this crisis. Today’s bill includes critical health care provisions that ensure Americans get the affordable health care they need. The provisions to open a special enrollment period for the Affordable Care Act and increase outreach for the uninsured are overwhelmingly popular with the majority of Americans regardless of political party. By putting Americans’ health care needs front and center, House Democrats are tackling the problems exacerbated by this crisis head on, and expanding access to health care at a time when it’s never been more critical.” 

THIS WEEK: Protect Our Care Hosts Press Calls with Speaker Pelosi, Democratic Attorneys General and Elected Officials Nationwide to Rally Against Trump-Republican Lawsuit to Overturn Health Care

This week, Protect Our Care hosted press calls across the country with Democratic attorneys general and elected officials to bring attention to the Trump-Republican lawsuit to overturn the Affordable Care Act and discuss the briefs from state AGs and the House of Representatives filed Wednesday in the Supreme Court. On press calls with attorneys general and elected officials in Arizona, Iowa, Maine, Michigan, Nevada, North Carolina, Pennsylvania and Wisconsin, Democratic leaders described the damage of this lawsuit which if successful would rip health care from 20 million Americans and throw the health care system into complete chaos as the country grapples with the coronavirus pandemic. Protect Our Care also hosted a call on Tuesday with Senator Kamala Harris and American Constitution Society President Russ Feingold to discuss the dire consequences of the lawsuit and a national press call Wednesday with California AG Xavier Becerra and House Speaker Nancy Pelosi to lay out the arguments in the briefs filed by State AGs and the House in support of the law. 

The message on all of these calls was clear: overturning the health care law and ripping coverage from 20 million Americans would have a disastrous, irreparable impact on the health and safety of all Americans, especially at a time when the coronavirus crisis grips the nation and Americans’ health care is threatened like never before. 

A look at Protect Our Care’s activity this week: 

NATIONAL PRESS CALLS

Wednesday, May 6 – Press Call with Speaker Nancy Pelosi and CA AG Xavier Becerra

“The protections of the Affordable Care Act are more important than ever during this time of extraordinary heartbreak, as millions of lives and livelihoods are shattered by the coronavirus crisis,” said Speaker Nancy Pelosi. “President Trump’s doubling-down on the lawsuit to destroy the Affordable Care Act and dismantle every last one of its protections and benefits is an act of staggering cruelty and senselessness that must be defeated. Democrats in Congress and the American people will fight together to Protect Our Care and defend every American’s right to quality, affordable health care during this dark time.”

“In defending the Affordable Care Act before the Supreme Court, our goal is simple: save affordable healthcare and with it, American lives,” said California Attorney General Xavier Becerra.The Trump administration is choosing to walk away from its obligation to defend our nation’s laws. This is not a moment to abandon Americans who need to know they have the health coverage to protect their families from the coronavirus — or pre-existing conditions, surprise medical bills or junk health insurance. Our coalition of 20 states and DC is in the right place at the right time to protect Americans’ healthcare before the Supreme Court.”

Listen to the call here.

Tuesday, May 5 – Press Call with Sen. Kamala Harris (D-CA) and ACS President Russ Feingold

“Once again, the Trump administration and Congressional Republicans are actively trying to dismantle the Affordable Care Act,” said Senator Kamala Harris. “We cannot lose sight of the fact that this administration is trying to rip health coverage away from people in the middle of a life threatening global health crisis. Now, more than ever, people need access to quality, affordable health care.”

“So much work went into passing the Affordable Care Act, and now we have the courts potentially poised to undo it,” said American Constitution Society President Russ Feingold. “In an unprecedented way, the current administration is not defending the law of the land. Instead, they are pushing the other way to take away health coverage from 20 million people during this very frightening pandemic.” 

Listen to the call here.

STATE PRESS CALLS 

ARIZONA

Friday, May 8 – Digital Roundtable with Rep. Tom O’Halleran (AZ-01)

“Continued attacks on the ACA have left many hardworking families wondering if the care they had previously been promised would be stripped,” said Rep. Tom O’Halleran. “No family in America is completely free from pre-existing conditions. We cannot play politics with the health care of millions of Americans, nor can we sit idly by while Arizonans live in fear of their next doctor’s visit. This lawsuit could be a disaster for more than 130 million people with pre-existing conditions, 15 million people covered by Medicaid, seniors on prescription drugs, and young adults on their parents’ insurance plans.” 

IOWA

Wednesday, May 6 – Press Call with IA AG Tom Miller 

“For people’s healthcare to be put in jeopardy during this time is as bad a time as you can imagine,” said Iowa Attorney General Tom Miller. “I think that it’s really important that we join together as a group of states and DC to try to defeat this lawsuit which would have these enormous consequences.”

Listen to the call here.

MAINE

Thursday, May 7 – Press Call with Maine Lawmakers

“Against the backdrop of a pandemic, Republicans are nonetheless doubling down on challenging the ACA. I’m boggled why anyone would even continue to question the importance of ensuring that folks have access to health care during a pandemic,” said State Senator Heather Sanborn. “We’ve passed robust patient protections at the state level in the case that the ACA is overturned, but one thing we can’t do, especially in light of the impacts that the pandemic will have on tax revenue, is replace the subsidy program and the MaineCare expansion dollars that the federal government provides Maine through the ACA. Those are the things truly at risk for Mainers if the Supreme Court decides to strike down the law.”

“It feels more than a little ironic to be talking about the continued Republican assault on the ACA and health care in the middle of a pandemic. This health and economic crisis is only going to get worse – we need the ACA now more than ever,” said State Rep. Thom Harnett. “This relentless Republican attack on the ACA is designed to hurt the poor, minority populations, and the recently unemployed. It’s nothing less than shameful.”

Listen to the call here.

MICHIGAN

Wednesday, May 6 – Press Call with MI AG Dana Nessel 

“There’s never been a more important time to protect Michiganders’ health care, and never been a worse time to rip it away,” said Attorney General Dana Nessel. “That’s why I’m fighting Donald Trump and the  Republicans’ reckless attacks on the Affordable Care Act that would gut protections for pre-existing conditions and strip Michiganders of critical health care. I will continue standing with Democratic Attorneys General, Governor Whitmer, and Senators Peters and Stabenow to ensure Michiganders’ have access to health care, even as Republicans callously work to take it away.”

NEVADA

Thursday, May 6 – Digital Roundtable with NV AG Aaron Ford and Rep. Susie Lee (NV-03)

“Finances should not lead to death—and it should not lead to bankruptcy when you have a health care need that a country doesn’t help you address through universal health care,” said Attorney General Aaron Ford. “What we’re looking at here are opportunities to help people survive…and the Affordable Care Act is helping folks do exactly that.”

“It’s really tone-deaf,” Rep. Susie Lee said when asked about the president doubling down on his lawsuit to eliminate the ACA yesterday. “The fact that we are in the middle of a public health crisis and 33.5 million Americans have filed for unemployment—and that this president and this administration is going to double down on taking affordable health care from millions of Americans. To me, it’s just unconscionable.”

Watch the roundtable here.

NORTH CAROLINA

Thursday, May 7 – Press Call with NC AG Josh Stein

“We are in the midst of an unprecedented health care crisis that underscores how critical it is that we have the best health care system possible,” said Attorney General Josh Stein. “We should be moving forward with improving access to health care, including expanding Medicaid here in North Carolina. I will never waiver on my commitment to put the health and safety of North Carolina first.”

Listen to the call here.

PENNSYLVANIA

Wednesday, May 6 – Digital Roundtable with Rep. Susan Wild (PA-07)

“The ACA itself is an invaluable tool in fighting the Coronavirus across Pennsylvania and thousands of individuals across our commonwealth are already dependent on this legislation for their health coverage, including many relying on the Medicaid Expansion.” said Rep. Susan Wild. “That’s why I am so deeply disappointed that the Trump Administration has not only refused to open a special enrollment period to allow folks without coverage to access it, but persists in its backing of a lawsuit that could rip away coverage from hundreds of thousands of individuals without any plan to replace it.”

Watch the roundtable here.

WISCONSIN

Wednesday, May 6 – Video Press Conference with WI AG Josh Kaul and DNC Chair Tom Perez

“Today is a really significant day. One of the leaders of the lawsuit challenging the Affordable Care Act had been my predecessor, Brad Schimel. Ultimately, the people of Wisconsin weighed in on this issue…and they elected Governor Evers and me….Wisconsin is no longer part of that challenge to the Affordable Care Act,” said Attorney General Josh Kaul. “It’s a suit that should not succeed and no state should be a part of. If this suit is successful, millions of Americans will lose access to health insurance coverage. We need more resources for our medical system, and it’s one of the reasons why expanding Medicaid now is critical for the state of Wisconsin. Frankly, I think it’s very troubling that this suit is going forward during a pandemic.” 

“We know from the research that states that have expanded Medicaid see better health outcomes,” said DNC Chair Tom Perez. “But the President and Republicans across the country are on a mission to undo the heart and soul of health care for millions of Americans. It is tough enough right now in a pandemic to make ends meet. There is so much fear. And when we put the Affordable Care Act at risk for the tens of millions of people with pre-existing conditions…that’s unconscionable. That’s why Democrats are continuing to fight for the Affordable Care Act, continuing to fight to expand Medicaid…We believe that health care is a right for all and not a privilege for the few.”

Watch the video press conference here.