If the plaintiffs are successful in this lawsuit, it could have significant ramifications for Americans.
“If the judge buys the administration’s argument, and if his ruling is upheld on appeal, 52 million Americans with preexisting conditions could face denial of coverage or higher premiums,” Timothy Jost, emeritus professor, Washington and Lee University School of Law, said in a blog post published on The Commonwealth Fund website. “The administration’s argument would also allow insurers to charge women, older people, and people in certain occupations higher premiums. This policy change would jeopardize coverage not just for consumers in the individual market, but also people with preexisting conditions who have employer-sponsored coverage. If these people lost or left their jobs, they may not be able to get individual market coverage.”
The American Cancer Society Cancer Action Network, American Diabetes Association, American Heart Association, American Lung Association, and the National Multiple Sclerosis Society criticized the position taken by DOJ.
“Members of Congress on both sides of the aisle have been emphatic that critical protections should not be repealed without a replacement that would ensure patients can continue to have access to care,” the organizations said in a joint statement. “If the court strikes down these protections, that exact repeal without replace scenario will occur. Should this case be successful, people with cancer, heart disease, diabetes, and any serious or chronic condition are likely to be denied coverage due to their preexisting conditions or charged such high premiums because of their health status that they will be unable to afford any coverage that may be offered.”