Several states are bringing a lawsuit to challenge the constitutionality of the ACA on the grounds that the Republican tax bill eliminated the penalty for being uninsured. In the event of the demise of the ACA, Republicans have come up with what they claim is a good alternative protection to ensure that those with pre-existing conditions are not denied coverage: the Ensuring Coverage for Patients with Pre-Existing Conditions Act, S. 3388. The problem with this legislation is that it does NOT prevent insurers from refusing to cover care costs, and it does allow insurers to discriminate on the basis of gender, occupation, and age, and in some cases on the basis of pre-existing conditions. The Justice Department will not defend the ACA against the states’ suit. And of course we know what side Kavanaugh would be on if he makes it to the Supreme Court and if the case comes before him.
1. Contact your Senators and ask them to reject S. 3388, the Ensuring Coverage for Patients with Pre-Existing Conditions Act.
2. Contact the Department of Justice and let them know what you think of their failure to defend ACA against the states’ suit. Call the comment line at (202) 353-1555, or send a message on their contact form: www.justice.gov/doj/webform/your-message-department-justice.