Trump administration plans to delay any changes if the ACA loses in court

[BumRushDaShow]

Source: Washington Post

The Trump administration, with no viable plan for replacing critical health benefits for millions of Americans, plans to seek a stay if a federal appeals court invalidates all or part of the Affordable Care Act in the coming weeks — and may try to delay a potential Supreme Court hearing on the matter until after the 2020 presidential election, according to current and former administration officials.

Senior administration officials say they have some ideas for replacing parts of the 2010 health-care law, “principles” crafted in part by Centers for Medicare and Medicaid administrator Seema Verma. However, replacing key benefits — such as guaranteed coverage for people with preexisting conditions — would require the cooperation of Democratic congressional leaders, who have vowed to defend the law and have no interest in a piecemeal replacement plan likely to fall far short of preserving health coverage for about 20 million Americans.

The administration’s plan to seek a stay of any court ruling that undermines the law reflects the political disadvantages of its decision to side with GOP-led states seeking to topple the ACA, also known as Obamacare. Even as the Justice Department urges the courts to invalidate the entire ACA, administration officials are promising voters that there will be no immediate impact on their coverage. “There will be a stay — it’s not like the decision is going to come down and the world is going to change,” said a senior administration official, who like others spoke on the condition of anonymity to discuss White House strategy. The administration also hopes to slow the case’s progress to the Supreme Court, to avoid having its efforts to invalidate the law spotlighted during President Trump’s reelection bid, two former administration officials said.

Trump’s Justice Department, which declined to comment on the case, is siding with 18 Republican state attorneys general in arguing that the entirety of the Affordable Care Act is unconstitutional. A trial court judge in Texas ruled last year that the entire law is invalid, and a three-judge panel of the U.S. Court of Appeals for the 5th Circuit is expected to issue an opinion on the case any day. If the panel upholds the ACA, the administration could ask the lower court that struck down the law to reconsider the case or it could request a full 5th Circuit hearing — instead of immediately appealing to the Supreme Court.

Read more: https://www.washingtonpost.com/health/the-trump-administration-to-delay-any-changes-if-the-aca-loses-in-court/2019/10/05/1ac47098-e132-11e9-be96-6adb81821e90_story.html

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[beachbumbob]

1. Nov 2020 is quickly approaching and healthcare remains a

top issue with trump/GOP having zero answers/solutions for benefit of all Americans

[underpants]

2. 1/2 - this is like calling in sick because you didn't prepare the presentation

They have almost no staff in the White House and what they have is C league at best.

Any help from HHS will be delayed and counter to the right's preconceived end.

[underpants]

3. 2/2. They were so sure people just had to HATE Obama that they "branded" his name on it.

Tragic mistake. Even if we went forward with an actual nation healthcare plan I think it will still be referred to as "Obamacare" by many. They drove/ingrained into the national psychee.

[RainCaster]

4. The courts should see this timing for what it is

Pure political nonsense.

If this was a legit request for the courts opinion, the GOP would be happy to have it as soon as possible. Instead, they want this delayed because they don't really have an answer.

[NotHardly]

5. Don't count on the courts ... our country is corrupt top to bottom because of stacking &

most of the having been bought off. The system has always been stacked against average citizens under the thumb of corporations and the uber-wealthy.

[progree]

6. Health Insurance That Doesn't Cover the Bills Has Flooded the Market Under Trump, Bloomberg

Mainly discussed in the Bloomberg article are short-term insurance plans, which don't meet ACA standards for comprehensive care, but that were allowed to exist by the Affordable Care Act as short-term (3 month) stop gaps for people between jobs. But the Trump admin has expanded the 3 month maximum to a year (which can be renewed and renewed) and are expected to cover 600,000 people in 2019.

There are other kinds of junk insurance out there that have been allowed to continue to exist, such as association health plans ( http://familiesusa.org/product/association-health-plan-rule-would-make-it-easier-sell-junk-insurance ) and health care sharing ministries like Medi-Share ( https://khn.org/news/sham-sharing-ministries-test-faith-of-patients-and-insurance-regulators/ )

Just a few snips here and there to give a flavor of the Bloomberg article.

Health Insurance That Doesn’t Cover the Bills Has Flooded the Market Under Trump, Bloomberg Businessweek, 9/17/19

... When the Republican-controlled Senate failed in 2017 to pass Trump-backed legislation that would have gutted the ACA, the administration instead seized on the loophole allowing consumers to buy certain noncompliant plans. Trump used an executive order to extend the time limit for temporary plans, ... has widened that loophole by stretching the definition of “short-term” from three months to a year, with the option of renewing for as long as three years.

... Marisia soon learned about the policy’s limitations. The Everest plan didn’t cover preexisting conditions, limited the number of doctor visits, and capped hospital coverage at $1,000 a day. It allowed a maximum of $250 per emergency room visit and $5,000 per surgery, not nearly enough to cover the usual cost of those services. Most benefits didn’t kick in until the $7,500 deductible was met. And the listed maximum total payout of $750,000 was misleading: It didn’t mean the Diazes’ bills would be covered up to that amount after they paid the deductible; it just meant that if Marisia underwent, say, 150 surgeries, she could get $5,000 for each, leaving her to cover millions of dollars in additional bills ((bills for what the surgeries cost above the $5,000 per surgery covered amount -Progree)).

... On June 14, Trump held a ceremony in the White House Rose Garden to announce a new policy that lets employers steer as much as $1,800 in tax-exempt funds to their employees instead of offering them comprehensive health plans. The move will likely create many more customers for HIIQ’s ((junk insurance)) industry. “We’re putting the people back in charge with more choice for better care at a far lower cost—and other people will not be paying for their health care,” Trump said.

More, much more: https://www.bloomberg.com/news/features/2019-09-17/under-trump-health-insurance-with-less-coverage-floods-market

Often, real ACA insurance bought on the exchanges are less expensive, after subsidies, than the junk insurance that junk insurance brokers try to sell (which aren't eligible for subidies), and the brokers of course never mention that.

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More junk insurance likely the "solution".

[lordsummerisle]

7. But, but...

in the campaign Trump promised us cheaper and more comprehensive health care than the ACA. Also a few months ago he promised to unveil it very soon...

[mpcamb]

8. They have to postpone. They have no plan.

[mtngirl47]

9. 9 years later, and at least 70 Republican led votes to repeal Obamacare--

Still they have nothing to replace it.

Democrats need to remind the country that we want you to all have health care and the Republicans DON'T HAVE A PLAN!

[yaesu]

10. Many states are already kicking 100's of thousands off in 3 months with stringent work requirements.

and ignoring Federal courts ruling against such requirements.

[BigmanPigman]

11. If anyone actually chooses one of the junk policies

they will regret it the first time they really need to use it. It will be a rude awakening. I have no sympathy for them if they are too stooopid to do their homework about something as important as this. A lot of them didn't realize that the ACA and Obamacare were the same thing until it was being taken from them. Maybe they should stop watching Fux Ruse and wake up.