Last month, the Fifth Circuit Court of Appeals ruled in favor of the Trump administration and Republicans in Texas vs. United States, striking down as unconstitutional the ACA’s individual mandate and remanding to the lower court judge a final decision on what parts of the ACA should be eliminated – the very judge who has already ruled the entire law unconstitutional. If President Trump and Republicans have their way, 20 million Americans will lose their insurance coverage, 135 million Americans with pre-existing conditions will be stripped of their protections, and costs will go up for millions. 

“The Fifth Circuit’s disastrous decision on President Trump’s Texas lawsuit puts the health care of millions of Americans at risk. The court’s decision will impact every corner of the American health care system, endangering critical protections for seniors and access to care for children, women, individuals with disabilities, and LGBTQ Americans in communities across the country,” said Protect Our Care Executive Director Brad Woodhouse. “Over the course of these days of action, we will be reminding Americans what’s really at stake if the courts ultimately overturn the health care law.” 

Days of Action: Day 4 of 11 focuses on Key Protections For Seniors. To learn more about our Days of Action, visit our website.

What’s At Stake: Key Protections For Seniors

The Affordable Care Act ensures critical protections for seniors and older adults nationwide. Between lowering prescription drug costs and limiting the amount insurers can charge, the ACA expanded access to health care for individuals aged 50 and older. 

AARP: Before ACA’s Protections, Discrimination Against Those With Pre-Existing Conditions, Age Rating, And Annual And Lifetime Caps Made Accessing Health Care Out Of Reach For Older Adults. [AARP, 6/14/18]

In addition to making  health care more affordable, the ACA saved lives. 

Medicaid Expansion Saved The Lives Of At Least 19,200 Older Adults. A report by the Center On Budget And Policy Priorities found that “The Affordable Care Act’s (ACA) expansion of Medicaid to low-income adults is preventing thousands of premature deaths each year, a landmark study finds.[1] It saved the lives of at least 19,200 adults aged 55 to 64 over the four-year period from 2014 to 2017. Conversely, 15,600 older adults died prematurely because of state decisions not to expand Medicaid.”  [Center On Budget And Policy Priorities, 11/6/19

Seniors stand to lose if the ACA is overturned. If the ACA is struck down in court: 

People Over The Age of 50 Will Face A $4,000 “Age Tax.” Thanks to the Republican lawsuit, insurance companies can charge people over 50 more than younger people. The Affordable Care Act limited the amount older people could be charged to three times more than younger people. If insurers were to charge five times more, as was proposed in the Republican repeal bills, that would add an average “age tax” of $4,124 for a 60-year-old in the individual market, according to the AARP.

Seniors Will Have To Pay More For Prescription Drugs. Thanks to the Republican lawsuit, seniors will have to pay more for prescription drugs because the Medicare “donut” hole got reopened. From 2010 to 2016, “More than 11.8 million Medicare beneficiaries have received discounts over $26.8 billion on prescription drugs – an average of $2,272 per beneficiary,” according to a January 2017 Centers on Medicare and Medicaid Services report.

Seniors Will No Longer Be Guaranteed Free Preventive Services And Annual Check-Ups. 60 million people with Medicare have access to free preventive services because of the Affordable Care Act.

Seniors Could Once Again See Less Coordinated Care. Provisions in the ACA encouraged groups of doctors, hospitals, and other health care providers to come together to provide coordinated high-quality care to the Medicare patients they serve. In fact, 8.9 million Medicare beneficiaries are now benefiting from higher quality, more coordinated care.