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This week at the RNC, President Trump and his Republican allies have been rewriting their disastrous health care record. Night after night, Trump and GOP leaders have lied about protecting people with pre-existing conditions, lowering drug prices and about the success of the Affordable Care Act. Here’s the truth: drug prices are still skyrocketing and one week after the election, the U.S. Supreme Court will hear oral arguments in California v. Texas — a lawsuit brought by the Trump administration to completely dismantle the Affordable Care Act. If successful, Trump’s lawsuit would rip away health care from more than 23 million Americans, end protections for more than 135 million people with pre-existing conditions and throw the entire American health care system into chaos as the nation faces the worst public health crisis in a century. 

Read Fact Checks on Trump and Republicans’ Lies About Health Care Below:

Pre-Existing Conditions

White House Press Secretary Kayleigh McEnany Claimed “I Can Tell You That This President Stands by Americans with Pre-Existing Conditions.”

New York Times: “This Is False…[Trump] Is Currently Trying to Dismantle The Affordable Care Act.” “This is false. While President Trump has paid lip service to protecting people who would have pre-existing medical conditions and may have provided support to Ms. McEnany during her recovery from a preventive mastectomy, he is currently trying to dismantle the Affordable Care Act. The federal law requires health insurers to cover people with pre-existing medical conditions and not charge them more when they have an expensive medical condition” [New York Times, 8/27/20] 

• “Mr. Trump’s First Legislative Priority Was to Repeal Parts of the Affordable Care Act. Although These Efforts Failed, His Justice Department Is Now Actively Trying to Overturn the Entire Law.” “Some 54 million Americans are estimated to have pre-existing conditions that would likely disqualify them from coverage without the protections from the Affordable Care Act. Mr. Trump’s first legislative priority was to repeal parts of the Affordable Care Act. Although those efforts failed, his Justice Department is now actively trying to overturn the entire law. The administration has also taken several steps to weaken the law by encouraging the sale of health plans that do not meet the standards of Obamacare. While Mr. Trump has repeatedly promised to introduce his own plan that would protect people with pre-existing conditions, he has not yet done so.” [New York Times, 8/27/20] 

CNN: “The Trump Administration and Congressional Republicans Have Repeatedly Put Forward Bills and Filed Lawsuits That Would Weaken Obamacare’s Protections for People with Pre-Existing Conditions.” “This needs context. Though the President has repeatedly asserted his support for covering individuals with preexisting conditions, his administration has consistently taken steps to undermine the Affordable Care Act without presenting alternative plans that would offer similar benefits. The Trump administration and congressional Republicans have repeatedly put forward bills and filed lawsuits that would weaken Obamacare’s protections for people with preexisting conditions. Trump is also supporting a Republican lawsuit that is seeking to declare all of Obamacare void. He has not issued a plan to reinstate the law’s protections for people with preexisting conditions if the suit succeeds. In early August, he promised he would issue an executive order to require health insurers to ‘cover all preexisting conditions for all customers,’ but has not yet done so.” [CNN, 8/27/20] 

NBC News: Trump Is “Supporting A Lawsuit That Would Wipe Out Current Safeguards for Pre-Existing Conditions Without Offering A Replacement Plan.” “Trump’s policy record on pre-existing conditions, however, tells a different story. He has fought for legislation that would undo the Affordable Care Act and weaken those protections. He is supporting a lawsuit that would wipe out current safeguards for pre-existing conditions without offering a replacement plan. The president has also used his executive authority to expand the use of short-term health plans, which are less expensive but aren’t required to cover pre-existing conditions.” [NBC News, 8/26/20] 

AP Fact Check: “No, people with preexisting medical problems have health insurance protections because of Obama’s health care law, which Trump is trying to dismantle. One of Trump’s alternatives to Obama’s law — short-term health insurance, already in place — doesn’t have to cover preexisting conditions. Another alternative is association health plans, which are oriented to small businesses and sole proprietors and do cover preexisting conditions….Meanwhile, Trump’s administration is pressing the Supreme Court for full repeal of the Obama-era law, including provisions that protect people with preexisting conditions from health insurance discrimination.” [Associated Press, 8/27/20] 

Washington Post: “Millions of Americans Could Lose Those Protections If the Supreme Court Strikes Down the [ACA].” “White House press secretary Kayleigh McEnany made a passing reference to people with preexisting conditions, roundly mischaracterizing the Trump administration’s approach to protecting them. In a speech where she spoke about testing positive for a genetic mutation linked to breast cancer, she claimed Trump ‘stands by Americans with preexisting conditions.’ Yet the Department of Justice, under Trump, is refusing to defend the Affordable Care Act from a lawsuit brought by GOP-led states. A landmark part of the ACA was its requirement that insurers cover people with preexisting conditions and not charge them more. Millions of Americans could lose those protections if the Supreme Court strikes down the law.” [Washington Post, 8/27/20] 

President Trump Claimed He Has “Strongly Protected Pre-Existing Conditions”

AP Fact Check: “People with Pre-Existing Medical Problems Have Health Insurance Protections Because of Obama’a Health Care Law, Which Trump Is Trying to Dismantle.” “TRUMP: ‘We protected your preexisting conditions. Very strongly protected preexisting … and you don’t hear that.’ THE FACTS: You don’t hear it because it’s not true. People with preexisting medical problems have health insurance protections because of Obama’s health care law, which Trump is trying to dismantle.” [Associated Press, 8/25/20] 

• The AP Highlighted Trump’s Promotion of Short-Term Plans and His Lawsuit to Overturn the ACA’s Protections for Pre-Existing Conditions. “One of Trump’s alternatives to Obama’s law — short-term health insurance, already in place — doesn’t have to cover preexisting conditions. Another alternative is association health plans, which are oriented to small businesses and sole proprietors and do cover preexisting conditions. Neither of the two alternatives appears to have made much difference in the market. Meanwhile, Trump’s administration is pressing the Supreme Court for full repeal of the Obama-era law, including provisions that protect people with preexisting conditions from health insurance discrimination.” [Associated Press, 8/25/20] 

NBC News: Fact Check: Trump Falsely Claims He ‘Protected Pre-Existing Conditions.’ “The president championed legislation in 2017 to undo the ACA and allow states to obtain waivers from rules that bar insurers from charging more to people with a prior illness. (The effort passed the House but stalled in the Senate.) Trump’s administration is currently backing a lawsuit led by Republican attorneys general that would wipe out the Affordable Care Act, including its pre-existing condition protections. He has not offered an alternative plan to restore them. And Trump has expanded the use of short-term plans that are cheaper and not required to cover pre-existing health conditions.” [NBC News, 8/25/20] 

MSNBC: On Health Care, There Are Some Lies Trump Just Can’t Shake. “Making matters worse, Trump’s efforts are ongoing: the White House is helping champion a federal lawsuit, which is currently pending at the U.S. Supreme Court, which would strip protections from Americans with pre-existing conditions. What’s more, Trump has also ‘expanded the use of short-term plans that are cheaper and that aren’t required to cover pre-existing conditions.’” [MSNBC, 8/25/20] 

Drug Prices

Kaiser Health News: Trump Again Claims He’s Bringing Down Drug Prices, But Details of How Are Skimpy. “During his afternoon speech Monday ― delivered on the first day of the Repubublican National Convention after delegates had unanimously renominated him to seek reelection ― he returned to this theme. ‘Now, I’m really doing it,’ he said, referring to a series of four executive orders he issued in July. These orders touched on a range of issues, including insulin prices and drug importation. He focused on two specifically. ‘But the fact is that we signed a favored nations clause and a rebate clause, and your numbers are going to come down 60, 70%,’ he said. However, those executive orders are far from being implemented, and multiple experts told us it’s unlikely the measures would pass along drug-pricing discounts to a majority of Americans. And the text of one, the favored nation executive order, has not yet been made public ― making it hard to know how exactly the initiative would work.” [Kaiser Health News, 8/26/20] 

• Harvard Professor Aaron Kesselheim Said Trump “Promised to Lower Drug Prices as Part of His Campaign In 2016 and Has Done Absolutely Nothing of Substance About Drug Prices At All While He’s Been In Office.” “‘He promised to lower drug prices as part of his campaign in 2016 and has done absolutely nothing of substance about drug prices at all while he’s been in office,’ Aaron Kesselheim, a professor of medicine at Harvard, wrote in an email.” [Kaiser Health News, 8/26/20] 

Kaiser Health News: Tiffany Trump Claimed Trump Has Taken Several Actions to Lower Drug Prices, But In Reality “He Has Made Little Progress…Outside of Issuing Several Executive Orders That Have Yet to Be Enacted.” “‘And if you believe in expanding quality and affordable health care, only President Trump, my father, signed Right to Try into law, the favored nations clause, and other actions to lower drug prices and keep Americans from getting ripped off.’ — Tiffany Trump This is somewhat misleading. The Right to Try law that Trump signed in 2018 allows individuals with life-threatening conditions who have tried all approved treatment options and cannot participate in clinical trials to access unapproved treatments. It did not, however, lower drug prices…While Trump has long talked about lowering drug prices as one of his top health care goals, he has made little progress in doing so, outside of issuing several executive orders that have yet to be enacted.” [Kaiser Health News, 8/26/20] 

Affordable Care Act

Washington Post: Trump Falsely Claimed He “Knocked Out” the ACA. “Trump claimed his administration had eliminated the Affordable Care Act. That’s not true, but as part of its 2017 tax overhaul the administration did with Congress’s stamp of approval get rid of the penalty that comes with the individual mandate, a requirement for all Americans to have health insurance. ‘We eliminated Obamacare’s horrible and very unfair individual mandate, which basically knocked out Obamacare. We knocked out Obamacare,’ Trump said.” [Washington Post, 8/25/20] 

Washington Post: Senator Rand Paul Touted Expansion of Association Health Plans, But In Reality “the Plans Are Generally Considered to Be Cheaper Because They Provide Skimpier Coverage.” “Trump signed an executive order expanding the availability of Association Health Plans, which are geared at small businesses and associations, but the plans are generally considered to be cheaper because they provide skimpier coverage. These plans are not required to cover the 10 essential benefits that insurance policies under the Affordable Care Act must cover, such as hospitalizations, emergency care and prescription drugs. Health-care experts say insurers selling these plans may limit the services covered, though the plans allow groups of similar businesses to band together to negotiate lower insurance prices for their employees.” [Washington Post, 8/26/20] 

Last night at the Republican National Convention, Republicans continued to lie about their health care record, this time on protections for pre-existing conditions. In a speech, White House Press Secretary Kayleigh McEnany falsely claimed that President Trump “stands by Americans with pre-existing conditions.” The truth is that one week after the election the U.S. Supreme Court will hear oral arguments in California v. Texas, a lawsuit brought by the Trump administration to completely dismantle the Affordable Care Act. If successful, Trump’s lawsuit would rip away health care from more than 23 million Americans, end protections for more than 135 million people with pre-existing conditions and throw the entire American health care system into chaos as the nation faces the worst public health crisis in a century. 

What’s At Stake: Protections For People With Pre-Existing Conditions

Without the ACA, protections for 135 million Americans with pre-existing conditions will be eliminated overnight, and the uninsured rate will increase by 65 percent. Making matters worse, if the ACA is struck down, everyone who contracts the coronavirus could be deemed as having a pre-existing condition and be at the mercy of their insurance companies who could refuse to pay for needed care. It’s critical that Americans understand just what’s at stake if this outrageous and irresponsible lawsuit succeeds.

The ACA included four key provisions that protect people with pre-existing conditions. If the law is overturned in the Texas lawsuit: 

• GONE: Rule that forbids insurance companies from denying coverage to people with pre-existing conditions.
• GONE: Rule that prevents insurers from charging people with pre-existing conditions more.
• GONE: Requirements that insurance companies cover essential health benefits, such as prescription drugs and maternity care.
• GONE: Ban on insurance companies having lifetime caps on coverage.

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.

More Than 140 Million Americans Could Once Again Have To Pay For Preventive Care. Because of the ACA, private health plans must cover preventive services — like flu shots, cancer screenings, contraception, and mammograms – at no cost to consumers. More than 140 million Americans are enrolled in plans that provide free preventive services, including 133 million people with employer coverage. 

Insurance Companies Would Not Have To Provide The Coverage You Need. The Affordable Care Act made comprehensive coverage more available by requiring insurance companies to include “essential health benefits” in their plans, such as maternity care, hospitalization, substance abuse care and prescription drug coverage. Before the ACA, people had to pay extra for separate coverage for these benefits. For example, in 2013, 75 percent of non-group plans did not cover maternity care, 45 percent did not cover substance abuse disorder services, and 38 percent did not cover mental health services. Six percent did not even cover generic drugs.

Reinstate Lifetime and Annual Limits On 109 Million Privately Insured Americans. Repealing the Affordable Care Act means insurance companies would be able to impose annual and lifetime limits on coverage for those insured through their employer or on the individual market. In 2009, prior to the implementation of the ACA, 59 percent of workers covered by employer-sponsored health plans had a lifetime limit. 

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.

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

• According to a recent analysis by the Center for American Progress, roughly half of nonelderly Americans, or as many as 135 million people, have a pre-existing condition. This includes:
  • 44 million people who have high blood pressure
  • 45 million people who have behavioral health disorders
  • 44 million people who have high cholesterol
  • 34 million people who have asthma and chronic lung disease
  • 34 million people who have osteoarthritis and other joint disorders
• More than 17 million children, 68 million women, and 32 million people aged 55-64 have a pre-existing condition.

American Cancer Society, American Cancer Society Cancer Action Network, American DIabetes Association, American Heart Association, American Lung Association, and National Multiple Sclerosis Society: “Striking Down These Provisions Would Be Catastrophic And Have Dire Consequences For Many Patients With Serious Illnesses.” [American Cancer Society et. al, 6/14/18]

Ahead of the Republican Senator’s RNC Speech, Protect Our Care Sets the Record Straight on Her Health Care Sabotage

Tonight, Sen. Joni Ernst (R-IA) will take the stage at the Republican National Convention to spread lies about what Trump and Senate Republicans have accomplished in the last four years, but what she won’t talk about is her continuous attacks on Americans’ health care coverage. 

Sen. Ernst refuses to condemn Trump’s lawsuit to completely dismantle the Affordable Care Act, even if it means more than 185,000 Iowans will lose health care coverage as the country is still reeling from the coronavirus pandemic. Sen. Ernst has continually downplayed the threat of coronavirus and praised Trump for his failed response to the pandemic. Time and again, she has voted to repeal the ACA with no viable plan to replace it, a disastrous move for her constituents. Repealing the ACA would mean removing protections for 1.3 million Iowans with pre-existing conditions, kicking 150,000 Iowans off Medicaid and eliminating marketplace tax credits that help nearly 40,000 Iowans afford coverage. Joni Ernst is wrong on health care and wrong for Iowa. 

BACKGROUND:

Read More About Sen. Joni Ernst’s Health Care Record Here

Ernst Supports Repealing The ACA And Its Protections For 1.2 Million Iowans with Pre-Existing Conditions

2014: Ernst Campaigned For The Senate With An Ad Where She “Unloads” On Obamacare By Shooting It With A Handgun. “Republican U.S. Senate candidate Joni Ernst of Iowa has released a new TV ad vowing to ‘unload’ on Obamacare, in which she takes target practice at a shooting range with a handgun. [Washington Post, 5/4/14] 

2015: Ernst Voted To Repeal Most Of The ACA. Ernst voted for legislation that gutted the Affordable Care Act by eliminating the insurance exchanges and subsidies, and repealing the Medicaid expansion accepted by 30 states, including Nevada. [HR 3762, Roll Call Vote #114, 12/3/15] 

2017: Ernst Voted For The Senate “Repeal And Delay” Plan. Ernst voted for Obamacare Repeal and Replacement Act was a Republican effort to repeal the ACA without a replacement. Known as “repeal and delay,” the bill repealed major sections of the ACA, including the Medicaid expansion and premium tax credits, in 2020. [HR 1628, Roll Call Vote #169, 7/26/17] 

2017: Ernst Voted For “Skinny Repeal” Of The ACA. Ernst voted for “Skinny Repeal” of the ACA, which repealed the individual mandate and delayed the employer mandate while leaving most of the rest of the law in place. [HR 1628, Roll Call Vote #179, 7/28/17] 

2017: Ernst Refused To Give Up On Repealing The Affordable Care Act After The Failure Of The Senate Bills. “Ernst said Friday she’s also not ready to give up on repealing the Affordable Care Act. ‘We don’t have the option to sit back and do nothing; Iowans are demanding relief from Obamacare,’ she wrote in a statement released by her staff.” [Des Moines Register, 7/28/17] 

Ernst Claims To Support Coverage For People With Pre-Existing Conditions But Sponsors Legislation That Would Gut Those Protections 

In Response To The Court Ruling Striking Down All Of The ACA, Ernst Said It Was “Important That We Protect People With Preexisting Conditions, As We Repeal And Replace Obamacare.” “Republicans are facing a moment of reckoning on health care after a federal judge struck down the Affordable Care Act, imperiling the landmark law the GOP has struggled against for eight years. […] One of the Republican senators facing a potentially competitive reelection campaign is Joni Ernst of Iowa. Ernst issued a statement Saturday saying that it was ‘important that we protect people with preexisting conditions, as we repeal and replace Obamacare.’” [Washington Post, 12/15/18] 

2018: Ernst Co-Sponsored Legislation That She Claimed Would “Guarantee Americans Have Equal Health Care Coverage, Regardless Of Their Health Status Or Pre-Existing Condition.” “Yesterday, Senators Thom Tillis (R-NC), Lamar Alexander (R-TN), Chuck Grassley (R-IA), Dean Heller (R-NV), Bill Cassidy, M.D. (R-LA), Lisa Murkowski (R-AK), Joni Ernst (R-IA), Lindsey Graham (R-SC), John Barrasso (R-WY), and Roger Wicker (R-MS) introduced the Ensuring Coverage for Patients with Pre-Existing Conditions Act, legislation that would guarantee Americans have equal health care coverage, regardless of their health status or pre-existing conditions. Oral arguments in Texas v. United States will begin on September 5th, and if the judge rules in favor of the plaintiffs, protections for patients with pre-existing conditions could be eliminated. This legislation amends the Health Insurance Portability and Accountability Act (HIPAA) to guarantees the availability of coverage in the individual or group market, for all Americans, including those with pre-existing conditions, regardless of the outcome in Texas v. United States. The legislation prohibits discrimination against beneficiaries based on health status, including the prohibition against increased premiums for beneficiaries due to pre-existing conditions.” [Sen. Thom Tillis Press Release, 8/24/18] 

2019: Ernst Co-Sponsored The Protect Act That She Claimed Would Protect Americans With Pre-Existing Conditions. “Senate Republicans believe in patient-centered health care that delivers the choices they want, the affordability and protections they need, and the quality they deserve. That is why Senator Thom Tillis (R-NC) and his colleagues today introduced the Protect Act, legislation that protects Americans with pre-existing conditions, ensuring that Americans have the peace of mind knowing that they and their loved ones will never be denied health care coverage or be charged more because of a pre-existing condition. Joining Senator Tillis as co-sponsors of the Protect Act are Senators Lamar Alexander (R-TN), Chuck Grassley (R-IA), Bill Cassidy, M.D. (R-LA), Rob Portman (R-OH), David Perdue (R-GA), Joni Ernst (R-IA), John Cornyn (R-TX), Kevin Cramer (R-ND), Johnny Isakson (R-GA), Roger Wicker (R-MS), Shelley Moore Capito (R-WV), John Barrasso (R-WY), Rick Scott (R-FL), John Kennedy (R-LA), Todd Young (R-IN), Tom Cotton (R-AR), and Richard Burr (R-NC).’” [Sen. Thom Tillis Press Release, 4/10/19]

Ernst Refuses To Condemn The Texas Lawsuit That Would Rip Coverage Away From More Than 185,000 Iowans

2019: Ernst On The Texas Lawsuit: “I Am Not Going To Make A Determination On That.” Joni Ernst: In today’s day and age, we do see a lawsuit moving forward that could potentially dismantle the ACA. If that happens, we need to make sure that we are reiterating that preexisting conditions will be covered in any future insurance actions. […] Anchor: Do you support that lawsuit that is going forward that would dismantle the Affordable Care Act all together? Ernst: I am not going to make a determination on that. I am not an attorney. But I would say that, yes, I would like to see different forms of health care coverage that exist out there that will bring costs down. I do want to see that addressed” [WHBF, 4/28/19] 

2018: Ernst Refused To Discuss The Texas Lawsuit Threatening The ACA. “Sen. Joni Ernst (R-Iowa), who faces a potentially tough reelection bid in 2020, declined to discuss the ruling with a reporter in a Senate hallway on Monday, instead referring to her written statement.” [The Hill, 12/17/18]

Ernst Voted For The Tax Bill Which Forms The Basis For The Trump-Republican Lawsuit. Ernst was a key vote for the Republican tax bill, which repealed a key provision of the Affordable Care Act that required most people to have health coverage and which is the basis of the Trump-Republican lawsuit seeking to overturn the Affordable Care Act. 

Trump’s Lawsuit to Overturn the Entire ACA Will Be Argued Before the Supreme Court One Week After Election Day

As Trump and his Republican allies spin lies about health care during the Republican National Convention, he and his administration are actively plotting more health care sabotage. One week after the election, on November 10, the U.S. Supreme Court will hear oral arguments in California v. Texas, a lawsuit brought by the Trump administration to completely dismantle the Affordable Care Act. If successful, Trump’s lawsuit would rip away health care from more than 23 million Americans, end protections for more than 135 million people with pre-existing conditions and throw the entire American health care system into chaos — in the midst of a pandemic. This is Trump’s real health care agenda. 

Fact Sheet On Trump Lawsuit To Overturn ACA

President Trump is trying to rip apart our health care by going to court to eliminate the Affordable Care Act in its entirety. If the Trump lawsuit is successful, it will strip coverage from millions of Americans, raise premiums, end protections for people with pre-existing conditions, put insurance companies back in charge, and force seniors to pay more for prescription drugs. The result will be to — as the Trump Administration itself admitted in Court — unleash “chaos” in our entire health care system. 

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 16 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.
• GONE: Ban on insurance companies having lifetime caps on coverage.
• GONE: Requirements that insurance companies cover prescription drugs and maternity care.

Thanks To The Republican Lawsuit, 20 Million People Could Lose Their Coverage

• According to the Urban Institute, 19.9 million people could lose coverage by repealing the Affordable Care Act, meaning the number of uninsured Americans would increase from 30.4 million to 50.3 million, representing a leading to a 65 percent increase in the uninsured rate. As the uninsured rate swells, so will the amount of uncompensated care, which Urban predicts will grow by at least 82 percent.
• States would lose important federal health care funding — an estimated reduction of $135 billion in the first year. The Urban Institute estimates that a full repeal of the ACA would reduce federal spending on Medicaid/CHIP care and Marketplace subsidies by $135 billion, or 34.6 percent in the first year.
• Millions of children could lose their coverage. Almost three million children nationwide gained coverage thanks to the ACA. If the law is overturned, many of these children will lose their insurance.
• The percentage of people gaining health insurance under the ACA was higher for Latinos than for any other racial or ethnic group in the country. According to a study from Families USA, 5.4 million Latinos would lose coverage if the lawsuit succeeds in overturning the ACA. 

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

• According to a recent analysis by the Center for American Progress, roughly half of nonelderly Americans, or as many as 135 million people, have a pre-existing condition. This includes:
  • 44 million people who have high blood pressure
  • 45 million people who have behavioral health disorders
  • 44 million people who have high cholesterol
  • 34 million people who have asthma and chronic lung disease
  • 34 million people who have osteoarthritis and other joint disorders
• More than 17 million children, 68 million women, and 32 million people aged 55-64 have a pre-existing condition.

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

Before the Affordable Care Act, insurance companies routinely denied people coverage because of a pre-existing condition or canceled coverage when a person got sick. Now insurance companies have 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
• 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” if the Trump-GOP lawsuit is successful.

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

• 138 Million Americans Could Once Again Have To Pay For Preventive Care. Because of the ACA, health plans must cover preventive services — like flu shots, cancer screenings, contraception, and mammograms – at no cost to consumers. This includes nearly 138 million Americans, most of whom have employer coverage.
• 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.

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

• Reinstate Lifetime and Annual Limits On 109 Million Privately Insured Americans. Repealing the Affordable Care Act means insurance companies would be able to impose annual and lifetime limits on coverage for those insured through their employer or on the individual market.
• 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.
• Large Employers Could Choose to Follow Any State’s Guidance, Enabling Them Put Annual and Lifetime Limits on Their Employees’ Health Care. Without the ACA’s definition of essential health benefits (EHB) in even some states, states could eliminate them altogether. Large employers could choose to apply any state’s standard, making state regulations essentially meaningless. Because the prohibition on annual and lifetime limits only applies to essential health benefits, this change would allow employers to reinstate annual and lifetime limits on their employees’ coverage.

Republicans Want To End Medicaid Expansion

• Sixteen Million People Enrolled Through Medicaid Expansion Could Lose Coverage.
• Access To Treatment Would Be In Jeopardy For 800,000 People With Opioid Use Disorder. Roughly four in ten, or 800,000 people with an opioid use disorder are enrolled in Medicaid. Many became eligible through Medicaid expansion.
• Key Support For Rural Hospitals Would Disappear, leaving hospitals with $9.6 billion more in uncompensated care. 

Debuting During the Republican National Convention, the Ad Is Part of A Previously Announced $2 Million Digital and TV Ad Campaign on Trump’s Failed Coronavirus Response 

Washington, DC — Today, Protect Our Care released a new digital ad highlighting President Trump’s relentless war on health care, including his lawsuit to completely dismantle the Affordable Care Act. During the Republican National Convention, Trump and his allies have been lying about his response to the coronavirus pandemic and obscuring his years-long battle against health care and the chaos it has created for Americans.

The Trump administration is arguing before the Supreme Court in the middle of a pandemic that the entire Affordable Care Act should be struck down. If successful, President Trump would rip away health care from 23 million Americans and end protections for more than 135 million people with pre-existing conditions, including for millions of Americans who have contracted the virus.

Watch: Trump’s War on Health Care

“Don’t be fooled by President Trump’s lies at the Republican National Convention. He has been waging a war on health care since he took office,” said Protect Our Care Executive Director Brad Woodhouse. “Now, in the midst of an ever worsening pandemic, Trump is going to the Supreme Court to try to dismantle the Affordable Care Act and throw our entire health care system into chaos. Voters know health care is on the ballot in November, and we need to hold Trump accountable for his health care sabotage.”

Read: Fact Sheet On Trump Lawsuit To Overturn ACA

Script for Trump’s War on Health Care

AVO: For four years, President Trump has waged a relentless war on our health care. After failing in Congress, Trump is now before the Supreme Court trying again. 

TRUMP ON GOP LAWSUIT: We’re winning the lawsuit to terminate Obamacare.

TV REPORTER (BRUCE): Well, there is a new battle brewing here over health care.

TV ANCHOR(O’DONNELL): One of the jobs of the attorney general in the Justice Department is to defend the federal government’s position in litigation, but not anymore.

TV ANCHOR (BURNETT): His Justice Department, tonight, backing a judge’s decision to scrap the entire affordable care act, pre-existing conditions and all.

TV ANCHOR (CUOMO): 23 million people could lose their care. 

TV ANCHOR (MADDOW): 133 million Americans can be thrown off their coverage or denied coverage because they have a pre-existing condition of some kind.

TV ANCHOR (SCARBOROUGH): Donald Trump’s record on this is so abhorrent. Make no mistake, in 2020, health care will be the issue that determines who wins the White House.

AVO: Tell President Trump to drop his lawsuit and put the health of the American people first.

As the Republican National Convention kicks off, Trump and his allies will be hard at work trying to deceive Americans about their persistent war on American health care. Health care is a top priority for voters in the upcoming election and Trump knows voters don’t support his attacks on the Affordable Care Act, including his lawsuit to completely overturn the law that will be heard before the U.S. Supreme Court one week after the election. If successful, this lawsuit will end protections for over 135 million Americans with pre-existing conditions and will cause another 23 million to lose health care coverage during an ever worsening pandemic. During the RNC, Trump and the Republicans will try to spin his disastrous actions to rip health care away from millions of Americans, but voters know his true record:

Lies You’ll Hear

President Trump touts his record on prescription drugs, but the truth is that the cost of prescription drugs continues to skyrocket. Donald Trump promised that he would lower drug costs, but instead he gave drug companies billions in tax breaks. The year after the tax bill passed, the largest drug companies made $50 billion in profits and subsequently used their savings to invest billions more in stock buybacks for their shareholders. Meanwhile, more than 4,000 drugs saw price increases averaging 21 percent in 2019, and drug prices are steadily rising even as the nation fights the coronavirus crisis. Trump has rejected common sense reforms, like giving Medicare the power to negotiate for lower prices.

Time and again, Trump claims he supports protections for people with pre-existing conditions, but he has a case before the U.S. Supreme Court to dismantle these protections. Trump has peddled the bizarre lie that he has put protections for people with pre-existing conditions into place. He hasn’t. The Affordable Care Act — the law he is actively trying to sabotage — established the right to insurance for Americans with pre-existing conditions. The Washington Post fact-checker gave this claim its worst rating: “bottomless Pinocchio,” noting that Trump has falsely said he will protect pre-existing conditions nearly 100 times. After Trump repeated this claim at the State of the Union, Vox described it as “the biggest lie” in his speech. 

Trump often highlights his expansion of “cheaper” health insurance plans, but really his administration just funneled people into junk plans that do not include protections for pre-existing conditions. After dramatically cutting outreach and advertising funding for ACA enrollment, the Trump administration encouraged groups using the remaining funds to push people to sign up for junk plans that do not need to cover pre-existing conditions. Junk plans are particularly harmful during the coronavirus crisis: One analysis found widespread misleading marketing of short-term plans during the pandemic. Reports have already shown that patients covered by these plans have been left with thousands of dollars in medical bills for seeking treatment for coronavirus symptoms. 

What They Won’t Tell You

The Trump administration is before the Supreme Court trying to overturn the entire ACA. Trump notoriously tried and failed multiple times to repeal the Affordable Care Act. All of the repeal bills that went through Congress would have caused millions of Americans to lose their health coverage and raised premiums for millions more. Now the Trump administration has thrown its full support behind a lawsuit that would do the same. If the Republican lawsuit is successful, 23 million Americans will lose their coverage and more than 135 million people will lose protections for pre-existing conditions, including the millions of Americans who contracted the coronavirus. The lawsuit will be heard one week after the election.

Millions of people have lost coverage under Trump. Census data revealed the uninsured rate rose for the first time since the implementation of the Affordable Care Act under Trump. The rate increased from 7.9% in 2017 to 8.5% in 2018, or by approximately 2 million people. More than one million children lost Medicaid coverage between 2017 and 2019. Health care experts have pointed to a “chilling effect” from Trump-backed policies, including Medicaid work requirements. And as a result of Trump’s failed coronavirus response, an estimated 27 million people could lose their employer-sponsored health coverage during the pandemic. 

Trump’s budgets would have slashed Medicare and Medicaid. Donald Trump’s proposed federal budget in 2019 would cut funding for Medicare by more than $800 billion and repeal the ACA. Additionally, the budget would cut $1.5 trillion from Medicaid, which would result in millions of people losing health coverage, cuts to nursing home care, and cuts to care for children with disabilities. Most recently, Trump’s 2021 budget would reduce Medicare spending by $500 billion, in addition to more than $1 trillion in cuts to the ACA and Medicaid. 

Trump has declared war on Medicaid. The Trump administration has worked tirelessly to dismantle Medicaid, particularly through his efforts to impose enrollment barriers and red tape. After Arkansas imposed the nation’s first so-called work requirements program, more than 18,000 residents lost Medicaid coverage. While these state efforts have been blocked by a federal judge several times, the Trump administration keeps fighting to impose work reporting requirements in Medicaid, appealing federal court rulings that blocked such requirements because they are illegal. Meanwhile, a recent GAO report found that the administrative costs to implement the failed work requirement programs in five states topped $400 million. 

Trump’s policies promote discrimination against women, people of color and LGBTQ Americans. Since taking office, the Trump administration has taken multiple steps to make it harder for women, people of color, and LGBTQ Americans to access health care. For example, in August 2019, the Trump administration began enforcing a rule that bars certain federally-funded clinics from referring women for abortions. As a result, the nation’s largest recipient of Title X funds, Planned Parenthood, was forced to exit the program, losing $60 million in funding previously used to provide birth control and reproductive health care services for low-income women. Moreover, experts point to Trump’s immigration policies for having deterred many Latino families from getting coverage, resulting in steep coverage losses, especially for children. Trump has also tried to make it easier for transgender Americans to be discriminated against in health care settings and allow providers’ to refuse patient care on the basis of the provider’s personal beliefs, a move likely to undermine access to care for patients who already face health care disparities.

Supreme Court Affirms Health Care Is on the Ballot

Washington, DC — Today, the U.S. Supreme Court announced it will hear oral arguments in California v. Texas on November 10, 2020, one week after the 2020 election. If successful, this case brought by Republican attorneys general and the Trump administration would dismantle the Affordable Care Act, rip away health care from more than 23 million Americans and end protections for more than 135 million people with pre-existing conditions. In response, Protect Our Care Chair Leslie Dach issued the following statement:

“The U.S. Supreme Court made clear today that health care is on the ballot this November. One week after election day, Donald Trump will be before the Supreme Court arguing that the entire ACA be dismantled in the middle of a pandemic. Let’s be clear: no matter what the president or his Republican allies say, this is Donald Trump’s health care plan — 23 million people losing their insurance and 135 million Americans with pre-existing conditions losing their protections. Four more years of President Trump would be a disaster for America’s health care. The contrast between Trump and Vice President Joe Biden could not be more clear or more consequential.” 

BACKGROUND: 

Fact Sheet On Trump Lawsuit To Overturn ACA

President Trump is trying to rip apart our health care by going to court to eliminate the Affordable Care Act in its entirety. If the Trump lawsuit is successful, it will strip coverage from millions of Americans, raise premiums, end protections for people with pre-existing conditions, put insurance companies back in charge, and force seniors to pay more for prescription drugs. The result will be to — as the Trump Administration itself admitted in Court — unleash “chaos” in our entire health care system. 

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 16 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.
• GONE: Ban on insurance companies having lifetime caps on coverage.
• GONE: Requirements that insurance companies cover prescription drugs and maternity care.

Thanks To The Republican Lawsuit, 20 Million People Could Lose Their Coverage

• According to the Urban Institute, 19.9 million people could lose coverage by repealing the Affordable Care Act, meaning the number of uninsured Americans would increase from 30.4 million to 50.3 million, representing a leading to a 65 percent increase in the uninsured rate. As the uninsured rate swells, so will the amount of uncompensated care, which Urban predicts will grow by at least 82 percent.
• States would lose important federal health care funding — an estimated reduction of $135 billion in the first year. The Urban Institute estimates that a full repeal of the ACA would reduce federal spending on Medicaid/CHIP care and Marketplace subsidies by $135 billion, or 34.6 percent in the first year.
• Millions of children could lose their coverage. Almost three million children nationwide gained coverage thanks to the ACA. If the law is overturned, many of these children will lose their insurance.
• The percentage of people gaining health insurance under the ACA was higher for Latinos than for any other racial or ethnic group in the country. According to a study from Families USA, 5.4 million Latinos would lose coverage if the lawsuit succeeds in overturning the ACA. 

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

• According to a recent analysis by the Center for American Progress, roughly half of nonelderly Americans, or as many as 135 million people, have a pre-existing condition. This includes:
  • 44 million people who have high blood pressure
  • 45 million people who have behavioral health disorders
  • 44 million people who have high cholesterol
  • 34 million people who have asthma and chronic lung disease
  • 34 million people who have osteoarthritis and other joint disorders
• More than 17 million children, 68 million women, and 32 million people aged 55-64 have a pre-existing condition.

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

Before the Affordable Care Act, insurance companies routinely denied people coverage because of a pre-existing condition or canceled coverage when a person got sick. Now insurance companies have 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
• 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” if the Trump-GOP lawsuit is successful.

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

• 138 Million Americans Could Once Again Have To Pay For Preventive Care. Because of the ACA, health plans must cover preventive services — like flu shots, cancer screenings, contraception, and mammograms – at no cost to consumers. This includes nearly 138 million Americans, most of whom have employer coverage.
• 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.

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

• Reinstate Lifetime and Annual Limits On 109 Million Privately Insured Americans. Repealing the Affordable Care Act means insurance companies would be able to impose annual and lifetime limits on coverage for those insured through their employer or on the individual market.
• 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.
• Large Employers Could Choose to Follow Any State’s Guidance, Enabling Them Put Annual and Lifetime Limits on Their Employees’ Health Care. Without the ACA’s definition of essential health benefits (EHB) in even some states, states could eliminate them altogether. Large employers could choose to apply any state’s standard, making state regulations essentially meaningless. Because the prohibition on annual and lifetime limits only applies to essential health benefits, this change would allow employers to reinstate annual and lifetime limits on their employees’ coverage.

Republicans Want To End Medicaid Expansion

• Sixteen Million People Enrolled Through Medicaid Expansion Could Lose Coverage.
• Access To Treatment Would Be In Jeopardy For 800,000 People With Opioid Use Disorder. Roughly four in ten, or 800,000 people with an opioid use disorder are enrolled in Medicaid. Many became eligible through Medicaid expansion.
• Key Support For Rural Hospitals Would Disappear, leaving hospitals with $9.6 billion more in uncompensated care. 

An Individual with A Pre-Existing Condition Could Still Be Denied Coverage Under Sen. Gardner’s Pre-Existing Conditions Protections Act of 2020 

Washington, DC — Today, in a blatant attempt to cover his abysmal health care record, Senator Cory Gardner (R-CO) released bill text for the “Pre-Existing Conditions Protections Act of 2020.” The Affordable Care Act (ACA), a law that Senator Gardner has repeatedly voted to repeal, already provides protections for people with pre-existing conditions. However, the ACA is currently in danger of being overturned in the courts in a lawsuit brought by the Trump administration and its Republican allies in the states. In addition to ensuring people with pre-existing conditions are not charged more for coverage, for any bill to fully protect people with pre-existing conditions, it must include the following provisions: preclude insurance companies from denying coverage based on health status, require coverage of essential benefits such as maternity care, cancer treatments, prescription drugs and mental health and substance use disorder treatments, and ban insurers from capping how much they will pay for medical care over a year or during a lifetime for these essential benefits. Senator Gardner’s bill includes none of these provisions. Protect Our Care Chair Leslie Dach issued the following statement in response: 

“More than 135 million Americans with pre-existing conditions are already protected by the Affordable Care Act. The only reason these protections are at risk is because Cory Gardner and Donald Trump have tried repeatedly to take them away. Right now Donald Trump, enabled by his Republican allies including Senator Gardner, is before the Supreme Court arguing to overturn the ACA in its entirety in the midst of a pandemic, ripping coverage away from 23 million Americans, eliminating Medicaid expansion, increasing drug costs for seniors, and ending requirements that all health insurance policies cover essential needs. Senator Gardner’s bill does not ensure coverage of essential health benefits like prescription drugs, maternity care and cancer treatments. Despite its name, this bill doesn’t actually protect people with pre-existing conditions because it allows insurance companies to place yearly and lifetime limits on essential benefits and to deny coverage outright based on a condition. Voters in Colorado won’t be fooled by Senator Gardner’s sham of a bill. This bill isn’t worth the paper it’s printed on.”

Watch the DNC Panel Here

Last night at the Democratic National Convention, Vice President Joe Biden and health care storytellers came together to hold President Trump accountable for his war on America’s health care and highlight Biden’s plan to make health care accessible and affordable. The five storytellers from Arizona, Colorado, Nevada and Wisconsin held a panel discussion with Vice President Biden and explained how the Affordable Care Act has benefited their lives, the lives of their families and their communities. Vice President Biden reassured them that he would protect their health care in the same way he protects his “own family.” 

Vice President Biden’s plan would strengthen the Affordable Care Act, make sure people with pre-existing conditions are protected and expand health care access to every American. Meanwhile, President Trump is arguing before the Supreme Court to dismantle the entire ACA, rip away health care from more than 23 million Americans and end protections for more than 135 million people with pre-existing conditions — all while Americans face the worst public health crisis in a century.

Washington, DC — Tonight at the Democratic National Convention, Vice President Joe Biden and health care advocates and storytellers came together to hold President Trump accountable for his war on America’s health care and highlight Biden’s plan to make health care accessible and affordable. Vice President Biden’s health care plan would strengthen the protections of the Affordable Care Act, make sure people with pre-existing conditions are protected and expand health care access to every American. In response, Protect Our Care Executive Director Brad Woodhouse issued the following statement:

“Trump has seized every opportunity to take away health care from Americans. He’s proposed slashing Medicare and Medicaid funding, supports gutting Medicaid coverage, and wants to take away protections for pre-existing conditions. He is arguing before the Supreme Court to dismantle the entire ACA — in the middle of an ever worsening pandemic. If the lawsuit is successful, President Trump would rip away health care from more than 23 million Americans and end protections for more than 135 million people with pre-existing conditions, including for millions of Americans who have contracted the virus.

“Four more years of Donald Trump would be a disaster for health care in our country. Vice President Biden is a tireless champion for health care and has a plan to make sure every American gets the care they need.”