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In Administration, News

Orrin Hatch Admits GOP Coming for Pre-Existing Conditions and Medicaid

 

Today, Sen. Orrin Hatch said this:

In other words, Sen. Hatch knows that the Affordable Care Act will – yet again – be on trial in the nation’s court system. In fact, there are two ways this is currently happening:

  1. In Texas v. United States, an ongoing lawsuit, the Trump Administration has joined with Republican attorneys general to argue that protections for Americans with pre-existing conditions should be struck down.
  2. Judge Brett Kavanaugh’s nomination to the Supreme Court represents a drastic attack on Medicaid. Should Kavanaugh be confirmed, he will have the chance to dramatically reshape Medicaid, transforming it into a much more restrictive program:
    • Kavanaugh could allow states to impose onerous work requirements designed to make it harder for people to get the coverage they need;
    • Kavanaugh could deny individuals and providers the right to sue when a state’s medicaid program isn’t complying with the law;
    • Kavanaugh could exclude prevent medicaid from covering health care at planned parenthood, and
    • Kavanaugh could end Medicaid expansion.

Put together, what does this all mean?

A vote to appoint Judge Brett Kavanaugh to the Supreme Court is a vote against the 130 million Americans with pre-existing conditions and the nearly 75 million Americans covered by Medicaid, and anyone who thinks otherwise need only look to Sen. Hatch.

ashoup
In Administration, News

Trump Administration Continues War On People With Pre-Existing Conditions By Suspending Billions In Risk Payments

This weekend, President Trump made another move in his war on health care. He suspended risk adjustment payments that help insurance companies offer more affordable coverage to everyone, regardless of if they are healthy or sick. By refusing to make risk adjustment payments — even though they don’t cost the taxpayer a single penny — President Trump and his Administration are making it harder for people with pre-existing conditions to access coverage, and driving up premiums for millions.

NATIONAL HEADLINES PAINT A TELLING STORY

  • Chicago Sun-Times Editorial: Trump Administration Yanks Health Care Away From Even More Americans. [7/10/18]
  • Wall Street Journal: Trump’s Latest Affordable Care Act Move Adds To Insurers’ Uncertainty. [7/8/18]
  • Los Angeles Times: Another Challenge For Obamacare — And A Bigger Bill For Taxpayers. [Los Angeles Times, 7/10/18]
  • Politico: Latest Obamacare Shake-up Could Fuel Rate Hikes. [Politico, 7/9/18]
  • New York Times: Health Insurers Warn Of Market Turmoil As Trump Suspends Billions In Payments. [7/7/18]
  • NPR: Trump Administration Freezes Payments Required By The Affordable Care Act. [NPR, 7/8/18]
  • Washington Post: Trump Administration Takes Another Major Swipe At The Affordable Care Act. [7/7/18]
  • Los Angeles Times: Trump Administration Freezes Billions Of Dollars In Payments To Obamacare Insurers. [7/8/18]
  • NPR: Why Health Insurance Premiums May Rise Next Year. [NPR, 7/9/18]
  • Associated Press: Trump Administration Takes Another Swipe At Obamacare.[Associated Press, 7/9/18]
  • USA Today: Trump Administration Freezes Payments Required By Affordable Care Act, Health Care Premiums Could Rise. [7/8/18]
  • Fortune: Trump Administration Freezes Payments To Affordable Care Act Insurers With Sicker Patients. [7/8/18]
  • Bloomberg: Trump Health Officials Toss Obamacare Insurers Another Curveball.[7/7/18]
  • Slate: It Sure Looks Like The Trump Administration Is Trying To Sabotage Obamacare Again. [7/8/18]
  • Bustle: What Does Trump’s Freeze On Obamacare Payments Mean? Premiums Could “Significantly Increase.” [7/9/18]

IN STATES, FEARS GROW AMONGST INSURANCE COMPANIES

  • Baltimore Sun: Maryland Insurers Say Trump Administration To Cut Health Payments Destabilizes Market. [7/9/18]
  • Chattanooga Times Free Press: Obamacare Payment Change Raises Worries For Individual Rates. [7/11/18]
  • Indianapolis Business Journal: Anthem Could Take Big Hit From Halt To Risk-Adjustment Payments. [7/10/18]
  • Star Tribune: Three Minnesota Health Plans Face Combined Hit Of $71.7 Million. [7/9/18]
  • Rutland Herald: ACA Changes Worry Vermont Health Care Officials. [7/9/18]
  • Georgia Health News: Insurers Caught Off Guard By Feds’ Freeze Of ACA ‘Sickness’ Payments. [7/9/18]
  • California Healthline: Health Insurers Struggle With Sudden Freeze On ACA Payouts. [7/10/18]
  • Associated Press: South Dakota Insurers May Take Hit After Payment Freeze. [7/10/18]

INSURANCE GROUPS, EXPERTS, AND PRESS CONDEMN ADMINISTRATION’S MOVE

America’s Health Insurance Plans: Decision To Halt Payments “Will Create More Market Uncertainty And Increase Premiums For Many Health Plans.” “We are very discouraged by the new market disruption brought about by the decision to freeze risk adjustment payments. This decision comes at a critical time when insurance providers are developing premiums for 2019 and states are reviewing rates. This decision will have serious consequences for millions of consumers who get their coverage through small businesses or buy coverage on their own. It will create more market uncertainty and increase premiums for many health plans – putting a heavier burden on small businesses and consumers, and reducing coverage options. And costs for taxpayers will rise as the federal government spends more on premium subsidies.” [AHIP, 7/7/18]

Sabrina Corlette, Health Policy Researcher At Georgetown: Administration Is Throwing Wrench Into Critical Program Whose Goal Is To Protect People With Pre-Existing Conditions Against Discrimination. “The government opted for ‘throwing a monkey wrench into a critical program whose primary goal is to protect people with pre-existing conditions from discrimination by insurers.’” [Minneapolis Star Tribune, 7/9/18]

Chicago Sun-Times: This Is Bad News For All Americans Who Believe Nobody Should Be Priced Out Of Basic Health Care To Save The Rest Of Us Buck. “That’s bad news for the chronically ill, the disabled, the elderly and all others whose health care costs can run considerably higher than average. It’s bad news, as well, for all Americans who believe that nobody should be priced out of basic health care just to save the rest of us a buck.” [Chicago Sun-Times, 7/10/18]

Blue Cross Blue Shield Association: “Without Quick Resolution On This Matter, This Action Will Significantly Increase 2019 Premiums For Millions.” “Without a quick resolution to this matter, this action will significantly increase 2019 premiums for millions of individuals and small business owners and could result in far fewer health plan choices. It will undermine Americans’ access to affordable coverage, particularly for those who need medical care the most…The action taken today will create turmoil not only for those in the individual market – particularly as insurers finalize their offerings for the next open enrollment that begins in November – but also for the millions of businesses that rely on the small group market to provide affordable insurance options for their employees.” [Blue Cross Blue Shield Association, 7/7/18]

Bill Wehrle, Kaiser Permanente Vice President Of Health Insurance Exchanges: Effective Risk Adjustment Program Is “Crucial,” Especially For Those With Pre-Existing Conditions. “An effective risk adjustment program is crucial to the sound operation of a health insurance marketplace in which individuals, families and small businesses with health needs have access to more affordable, high-quality coverage…It enables the country to move away from a market where plans compete to avoid covering or charge more to people with preexisting health conditions, to one where competition is based on quality, affordable care for everyone.” [Baltimore Sun, 7/9/18]

Larry Levitt, Senior Vice President of Kaiser Family Foundation: “This Is One Of Several Steps The Trump Administration Has Taken To Undermine The ACA.” “‘Insurers hate uncertainty, and when faced with it tend to raise premiums to hedge their bets,” says Larry Levitt, Senior Vice President at the Kaiser Family Foundation. He says halting the risk adjustment program will disrupt the individual markets, and might even cause insurers not to participate next year. ‘When the rules of the game change after the fact – insurers don’t necessarily see the federal government as a particularly reliable partner right now,’ Levitt says. ‘This is one of several steps the Trump administration has taken to undermine the ACA.'” [NPR, 7/8/18]

Rodney Whitlock, Vice President of Health Policy At ML Strategies And Former Republican Congressional Aide: Administration’s Goal Is To Make Marketplace As Inhospitable As Possible For Participating Plans. “‘What you have to keep in mind is ultimately the intent of the administration,’ Whitlock says. “The executive order the president signed, not long after he got to the White House after the [Inaugural] Parade was effectively, ‘We’re declaring war on the Affordable Care Act.'” Whitlock says, the goal has been to make the marketplace as inhospitable as possible for participating plans, and this is just one more step in that direction.” [NPR, 7/8/18]

Washington Post: “The Suspension Of These Payments Is The Most Recent Maneuver By The Trump Administration To Undercut The Health-Care Law That President Trump Has Vowed Since His Campaign To Demolish.” “The suspension of these payments is the most recent maneuver by the Trump administration to undercut the health-care law that President Trump has vowed since his campaign to demolish. A Republican-led Congress last year failed to repeal much of the ACA. The administration has been taking steps to dismantle it through executive powers.” [Washington Post, 7/7/18]

Nicholas Bagley, University of Michigan Law Professor: “This Is No Way To Run A Health Program, And No Way To Run A Government.” “In another sense, however, the needless suspension of the risk adjustment program is a signal that the Trump administration remains intent on sabotage. Already, insurers were stiffed on their risk corridor money. Then the cost-sharing payments evaporated. Now, even risk adjustment money may go up in smoke. What’s next? This is no way to run a health program, and no way to run a government.” [Nicholas Bagley, 7/9/18]

Los Angeles Times: Halted Risk Payments Will Burden Taxpayers. “But it will be painful for at least two groups of Americans. The first includes the people who aren’t covered by a large employer’s plan and who earn too much money to qualify for federal subsidies. They’d be facing higher premiums anyway, thanks to the rising cost of healthcare. But the increase will be larger than it should be courtesy of the Trump administration’s handling of this issue…Meanwhile, people who earn less than 400% of the federal poverty level — for a family of four, that’s about $100,000 — are eligible for subsidies under the ACA that hold their premiums to a percentage of their personal income. No matter how much premiums go up, the subsidies absorb the change. As a consequence, the higher premiums rise, the more the subsidies cost federal taxpayers. Those are people who’ll bear most of the cost of freezing the risk adjustment transfers.” [Los Angeles Times, 7/10/18]

Risk Adjustment Decision Fits With Broader Pattern Of Trump Administration Using Courts To Sabotage ACA. “It’s hard not to wonder, though, whether someone in the White House belatedly realized this case was another untapped opportunity to spook insurers into spiking premiums, finding creative ways to repel sick people or leaving the market altogether. That would fit neatly into the administration’s broader pattern of using court cases as excuses to undermine the Affordable Care Act, after all. The others include killing reimbursements to insurers for subsidies for lower-income people, and refusing to defend the law’s protections for those with preexisting conditions.” [Washington Post, 7/9/18]

NPR: Not Surprising Trump Sided With New Mexico Given Republicans Have Been “Trying To Kill The Affordable Care Act For Quite A Long Time.” “It’s a little bit confusing because the court ruling was back in February. There’s an order in – out of New Mexico that said the formula for making the payments was unfair. But there’s a second court order in Massachusetts that held the opposite. So HHS seems to have chosen which side to take. They chose the New Mexico ruling, which isn’t all that surprising because the Trump administration up until now – and even Republicans before Trump became president – have been trying to kill the Affordable Care Act for quite a long time.” [NPR, Kodjak, 7/9/18]

ashoup
In News, Administration

Trump Administration Pushes Junk Plans, Cuts Enrollment Assistance for Navigators

Washington, D.C. – Following the announcement by the Centers for Medicare and Medicaid Services that the Trump Administration is slashing navigator funding and pushing enrollment for junk plans that charge people more money for less care, Leslie Dach, campaign chair for Protect Our Care, issued the following statement:

“After keeping one million Americans from gaining coverage by cutting last year’s open enrollment period in half and slashing advertising for affordable plans by ninety percent, the Trump Administration is once again taking quality, affordable health care away from people who need it through its latest act of sabotage. Defunding the navigator program and forcing the navigators who are left to push junk plans on the American people is a shocking and cynical move, even by this Administration’s standards.”

BACKGROUND:

Breaking: Trump Administration Slashes Grants To Help Americans Get Affordable Care Act Coverage. “The Trump administration is eliminating most of the funding for grass-roots groups that help Americans get Affordable Care Act insurance and will for the first time urge the groups to promote health plans that bypass the law’s consumer protections and required benefits. The reduction, the second round of cuts that began a summer ago, will shrink the federal money devoted to groups known as navigators from $36.8 million to $10 million for the enrollment period that starts in November.” [The Washington Post, 7/10/2018].

During The First Open Enrollment Period, 10.6 Million Americans Were Assisted By Navigators. “More than 4,400 Assister Programs, employing more than 28,000 full-time-equivalent staff and volunteers, helped an estimated 10.6 million people during the first Open Enrollment period.” [Kaiser Family Foundation, 7/15/14]

For Months, The Groups That Help People Sign Up For Marketplace Coverage Have Been In Limbo. “Local groups that help people sign up for ObamaCare and Medicaid have yet to hear from the Trump administration about their annual federal funding, leaving many in limbo and fearing the grants could be too small or might not come at all…The organizations typically hear from the federal government in April or early May with information about how much money will be available for grants, when key deadlines are and the expected award date. But several navigators contacted by The Hill said they have received no information from the Centers for Medicare & Medicaid Services..When asked about the navigator grants, a spokesperson for the Department of Health and Human Services (HHS) wrote in an email that HHS did not have any details to share at this time.” [The Hill, 6/20/18]

  • Dan Derksen, Doctor Who Oversees Navigator Program At University Of Arizona: “At a time when people have more questions, it’s very likely there will be fewer people to help them in person.” [USA Today, 6/21/18]
  • Last Year’s Cuts Led University Of Florida Navigator Program To Cut Staff. “Jodi Ray, director of Florida Covering Kids & Families navigator group at the University of South Florida, said her organization is bracing for changes. Last year’s cuts forced the Florida group to trim the number of employed navigators. She worries that further cuts and program changes could harm the state’s vulnerable residents who rely on the organization’s services.” [USA Today, 6/21/18]
  • Karen Egozi, CEO Of The Epilepsy Foundation Of Florida: We’re In The Dark. “We really haven’t gotten any update or any deadline to submit applications or any knowledge at all about what the future is going to bring.” [The Hill, 6/20/18]
  • Catherine Edwards, Executive Director For The Missouri Association Of Area Agencies On Aging: Administration Has No Incentive To Work With Community Groups. “We know this administration is not friendly to the ACA, and so they have no incentive to involve community-based groups in enrolling people.” [The Hill, 6/20/18]
  • Shelli Quenga, Director Of Programs For South Carolina-Based Palmetto Project: Restricting Support Is Bad For Consumers. “It’s very unfortunate for the consumer…We know that consumers still need in-person assistance — and especially consumers who are not native English speakers, consumers who are living just above the poverty line who don’t have a lot of experience with making big financial decisions like this that also have long-term implications to their financial future for themselves and their family members.” [The Hill, 6/20/18]
  • Cutting Funds To Navigator Groups Means They Must Significantly Cut Back On Outreach. “‘We have no expectation of any federal money being available to us,’ said Donna Friedsam, the director of Covering Wisconsin, a navigator program. Her organization received a 42 percent reduction last year because of the funding changes. It previously offered enrollment services in 23 counties, but had to scale down to 12.” [The Hill, 6/20/18]
  • Trump Administration Considering Cutting Funding For Health Care Navigator Groups. “The Trump administration is considering cutting funding for ObamaCare outreach groups that help people enroll in coverage, sources say. An initial proposal by the administration would have cut the funding for the groups, known as “navigators,” from $36 million last year to $10 million this year. Sources say that proposal now could be walked back, and it is possible funding could remain the same as last year, but it is unclear where the final number will end up.” [The Hill, 6/29/18]
  • Jodi Ray, Director Of Florida Covering Kids And Families: “Less Resources Means We Have Less Boots On The Ground To Provide That Enrollment Assistance.” [The Hill, 6/29/18]
ashoup
In Administration, News

Advocates Mount Defense of Health Care for Millions

Last night, President Trump nominated Judge Brett Kavanaugh to be the next Supreme Court justice. To be clear, Trump had two litmus tests in selecting Brett Kavanaugh for the Court:

1) overturning Roe v. Wade, and

2) overturning Americans’ health care by gutting protections for those with pre-existing conditions.

Across the country, health care advocates geared up in opposition, urging their senators to reject Judge Kavanaugh, an activist judge who was hand-picked to rubber-stamp President Trump and Congressional Republicans’ war on health care.

Here are some highlights, with more activity on the ground happening today.

In Alaska, Protect Our Care was joined by health care advocates, Alaska Native leaders, and former Alaska Superior Court Judge John Reese to urge Sen. Lisa Murkowski to do what is best for Alaska and reject a justice who won’t protect Alaskans’ care.

In Maine, Protect Our Care was joined by the Maine Women’s Lobby and Planned Parenthood of Northern New England in calling on Sen. Susan Collins to protect pre-existing condition protections and women’s access to health care.

In Arizona, Jeff Jeans, a cancer survivor joined  state Rep. Athena Salman, and representatives from Planned Parenthood and ACLU Arizona urged Senator Flake to stand up for Arizonans’ care.

In Nevada, Protect Our Care and Laura Packard, a health care advocate living with cancer, Cyndy Hernandez of NARAL Pro-Choice Nevada, and Sam Shaw of SEIU Nevada Local 1107 urged Sen. Dean Heller to stand up and protect Nevadans’ health care.

In Ohio, Protect Our Care Ohio joined with Innovation Ohio, the Physicians Action Network, and Planned Parenthood Advocates of Ohio highlighted the current and long-term threats to health care under a conservative Supreme Court.

In Tennessee, Protect Our Care was joined by a coalition of concerned citizens including Jen Yamin, the mother of a son with pre-existing conditions, Kristen Grimm, the mother of child with special needs, and Anna Carella, Co-Chair of Healthy and Free Tennessee, outside Sen. Bob Corker’s Nashville office.

In West Virginia, Protect Our Care advocates went on the record to make it clear that they want their senators to stand up health care.

ashoup
In Administration, News

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

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

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

ashoup
In Administration, News

Shot/Chaser: Trump’s the Reason Drug Prices are Going Up

SHOT: On May 30, Trump promised that pharmacutical companies would voluntarily make big price cuts in “two weeks.” We’re still waiting, and in fact drug prices have gone up, as Trump acknowledged today:  

CHASER: Trump’s the reason drug prices going up so significantly.

 

ashoup
In Administration, News

White House Picks PhRMA Lobbyist to Guide Supreme Court Pick

Washington, D.C. – Following the White House’s announcement that former senator and current Big Pharma lobbyist Jon Kyl would be shepherding President Trump’s Supreme Court pick through the Senate, Brad Woodhouse, executive director of Protect Our Care, released the following statement:

“We already know that the biggest problem for Donald Trump’s Supreme Court pick would be their support for Trump’s position in favor of a lawsuit striking down health care protections, like those for people with pre-existing conditions. By making a Big Pharma lobbyist who has repeatedly called for repeal of the Affordable Care Act the representative of his nominee, President Trump is once again making clear where his priorities lie: with insurance and drug companies, not the 130 million Americans with a pre-existing condition.”

ashoup
In Administration, News

New Trump Sabotage Expected to Raise Premiums Even Further

Trump Gears Up for New Blow to Coverage Protections for People with Pre-existing Conditions

Washington, DC – In response to a Wall Street Journal report that the Trump administration is expected to further drive up rates for consumers by suspending the risk adjustment program, Brad Woodhouse, executive director of Protect Our Care, issued the following statement:

“The Trump administration just keeps pushing their destructive repeal-and-sabotage agenda, no matter the cost to the American people. Following through with this latest act of sabotage could raise rates for all consumers even more — on top of the rate hikes they have already caused — and is without a doubt an escalation in the Trump administration’s war on people with pre-existing conditions. By redistributing funds from plans with ‘lower risk’ enrollees to ‘higher risk’ ones, the risk adjustment program is one important way the Affordable Care Act helps make health coverage affordable for people, particularly those with pre-existing conditions. We urge the Trump Administration to back off of this dangerous and destabilizing plan, and instead begin working on bipartisan solutions to make coverage more affordable.”

ashoup
In Administration, News

Advocates Gear Up to Defend Health Care for Millions

Protect Our Care Coalition to Host Events Across the Country As Supreme Court Pick Looms

Enough Is Enough Poster

  • As President Trump prepares to make his Supreme Court announcement Monday, Americans from coast to coast are gearing up to make clear to their Senators that they must not vote against health care by voting for an extreme nominee who will use their position to attack our health care.
  • Protect Our Care is active in fourteen states, and our advocates have already scheduled events on Monday in Alaska, Arizona, Maine, Nevada, Ohio, Pennsylvania and Tennessee. We’ll be holding a rally at Monument Square in Bangor, Maine; a press conference in front of Sen. Bob Corker’s office in Nashville, Tennessee; and a press call with local leaders, health care advocates, and a former judge in Alaska.
  • President Trump and Congressional Republicans have spent the past 18 months waging a relentless war on our health care, with millions losing coverage, premiums increasing by double digits, and protections for people with pre-existing conditions eroding. But all of these pale in comparison to the damage that an extreme Supreme Court justice could do — read more to find out all that’s at stake for health care with this Supreme Court vacancy.

Protect Our Care’s national leaders and local advocates are available for on the record interviews. Please contact [email protected].

ashoup
In Administration, News

Health Care on the Line with Trump’s SCOTUS Pick

To: Interested Parties

From: Brad Woodhouse, executive director of Protect Our Care

Date: July 6, 2018

Re: Health Care on the Line with Trump’s SCOTUS Pick

—————————————————————————————————————————————————————-

For the last 18 months, President Trump and his Republican allies in Congress have been waging a relentless war on our health care, resulting in millions of people losing coverage, double digit premium rate increases, and weakened protections for people with pre-existing conditions. Now, with the retirement of Justice Anthony Kennedy, the President has an opportunity to tip the balance of the Supreme Court further in his favor and appoint a justice hostile to our health care, as he has repeatedly promised he would do. Make no mistake: our health care is on the line if Trump succeeds in appointing an extreme judge who will rubber stamp his anti-health care agenda.

Here’s why:

Trump’s Shortlist Includes Nominees Who Have Demonstrated Hostility to Health Care

Reportedly, President Trump has narrowed his list of potential justices to three people: Judges Brett Kavanaugh, Amy Coney Barrett and Raymond Kethledge. All three are on the Federalist Society-approved list of justices Trump released. The Federalist Society, as should be noted, has been fighting the Affordable Care Act (ACA) since before it was even signed into law and has consistently pushed judges very hostile toward women’s health.

Specifically, Judge Kavanaugh has argued that a president could declare a law unconstitutional and refuse to enforce it “even if a court has held or would hold the statute constitutional.”

Judge Barrett has already written that she believed the ACA should have been declared unconstitutional, that Roe v Wade was “erroneous,” and the ACA’s birth control benefit was “an assault on religious liberty.”

Consumer Protections, Including Prohibitions on Discriminating Against the 130 Million People with Pre-Existing Conditions, Are At Risk

Prior to the Affordable Care Act, insurance companies were able to cherry pick who they wanted to cover and would often discriminate against people with pre-existing conditions by charging them more, dropping coverage once people got sick, or denying coverage altogether. The ACA banned all of those practices, providing health security to millions.

  • Roughly half of nonelderly American adults, or up to 130 million people, have at least one pre-existing condition.
  • Nationally, the most common pre-existing conditions were high blood pressure (44 million people), behavioral health disorders (45 million people), high cholesterol (44 million people), asthma and chronic lung disease (34 million people), and osteoarthritis and other joint disorders (34 million people).

These protections have consistently been the most popular component of the law among not only Democrats, but Republicans and Independents as well.

Nevertheless, President Trump has taken every opportunity he has had to dismantle the consumer protections and market reforms in the ACA. Though he failed to enact legislation to repeal the ACA, on his first day in office, President Trump signed an executive order directing his administration to use whatever tools they could to undo as much of the ACA as it could. His administration has further taken actions to sabotage the law by allowing insurance companies to sell junk plans that do not have to cover people with pre-existing conditions, among other things.

Don’t forget: Trump campaigned on ending the ACA by any means necessary, and he had his sights on the Court from the very beginning. In fact, as a candidate Trump said he would have a “very strong test” for Supreme Court nominees, pointing to his “disappointment” in Chief Justice John Roberts, as “somebody that should have, frankly, ended Obamacare, and he didn’t.” As the leading coalition fighting against Republicans’ ongoing efforts to repeal and sabotage health care and working instead to protect coverage for millions of Americans, Protect Our Care knows that Trump’s meaning is clear: he has a litmus test for his Supreme Court nominees, and repealing the ACA is on that test.

After all, ending protections for people with pre-existing conditions is already the official policy of the Trump Administration. Normally, the Department of Justice (DOJ) defends federal law in court. However, the Trump Administration has taken the extraordinary step of joining the latest partisan lawsuit that seeks to invalidate the ACA and has argued the Court needs to take away the provisions in the law that prevent insurance companies from denying coverage or charging people more because of a pre-existing condition. If the Trump administration had its way, overnight the 130 million people with a pre-existing condition would once again be at the mercy of insurance companies.

This case should not be taken lightly — three prior challenges to the Affordable Care Act (NFIB, et al. v. Sebelius, King v. Burwell, Hobby Lobby v. Burwell) have made their way to the Supreme Court, despite early doubts among legal scholars.  

Women’s Health Care is on the Line

President Trump’s campaign promise to appoint biased justices who will overturn Roe v. Wade — and the dangerous consequences of making safe abortion a crime in this country — have been widely reported. But many other women’s health services are under threat with this appointment. Among them:

Medicaid is Also at Risk

Medicaid is not only supported by three-quarters of Americans, it is a lifeline for one in five people, providing critical preventive care, substance use treatment, acute care, and more to more than 70 million people. Medicaid is the primary provider for long-term care in the country, covering 6 in 10 nursing home residents. It is also the primary provider to help people with disabilities stay in their homes, and pays for roughly half of the births in this country.

But the Trump Administration has launched a new assault on Medicaid enrollees by pushing states to adopt rigid rules (so-called “work requirements”) that are designed to be impossible for to be met and therefore prevent coverage. These new rules are just beginning to work their way through the courts, and while a federal district court judge recently blocked them in Kentucky, they could very well make their way to the high court soon.

THE BOTTOM LINE: All 100 Senators must reject a nominee that would take away, rather than protect, our care.

If Trump appoints an extreme nominee to the bench, and the Senate does not intervene, the balance of the court will turn against Americans’ right to health care. The Supreme Court should be a check on President Trump’s war on health care, not a rubber stamp on it.

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