AHIP Issues Statement Regarding TX V. United States Of America

by Kristine Grow

June 8, 2018

WASHINGTON, D.C. –  America’s Health Insurance Plans (AHIP) issued the following statement regarding the latest developments in TX v. United States of America:

“Millions of Americans rely on the individual market for their coverage and care, and they deserve affordable choices that deliver the value they expect. Initial filings for 2019 plans have shown that, while rates are higher due to the zeroing out of the individual mandate penalty, the market is more steady for most consumers than in previous years, with insurance providers stepping in to serve more consumers in more states.

“We agree with the Administration that a preliminary injunction should not be granted to the plaintiffs. We also agree that the Affordable Care Act’s (ACA) provisions affecting Medicaid, Medicare Advantage, and Medicare Part D should remain law. However, we believe that a declaratory judgment would have the same destabilizing effect as a preliminary injunction, and therefore should not be granted.

“Zeroing out the individual mandate penalty should not result in striking important consumer protections, such as guaranteed issue and community rating rules that help those with pre-existing conditions. Removing those provisions will result in renewed uncertainty in the individual market, create a patchwork of requirements in the states, cause rates to go even higher for older Americans and sicker patients, and make it challenging to introduce products and rates for 2019. Instead, we should focus on advancing proven solutions that ensure affordability for all consumers.

“Final resolution of this case will take time, given that the litigation is in its preliminary stages at the district court, and any ruling will be subject to appeal. AHIP will file an amicus brief that opposes the state plaintiffs’ request for emergency relief, and provides more detail about the harm that would come to millions of Americans if the request to invalidate the ACA is granted in whole or in part.”