Last Thursday, the Trump Administration filed a legal brief to ask the Supreme Court to invalidate the Affordable Care Act. The ACA was enacted during Obama’s Administration and is still standing in effect. The legal brief is subjecting the ACA to legal challenge, with the Trump Administration stating that the law’s individual coverage mandate are invalidates, which they believe should nullify the ACA law.
The ACA is the comprehensive health care reform law enacted in March 2010 and has three primary goals: to make affordable health insurance available to more people, to expand the Medicaid program to cover all adults with income below 138% of the federal poverty level, and to support innovative medical care delivery methods designed to lower the costs of health care generally (healthcare.gov).
In the legal brief filed by the Trump Administration, the minimum coverage provision in Section 5000A is being challenged, which requires that individuals and dependents are required to have Minimum Essential Coverage (MEC) to avoid a penalty. But since Congress in 2017 diminished the penalty that is associated with not meeting the MEC, the Trump Administration is alleging that the individual mandate is not valid. The Trump Administration is saying in the legal brief that this action was intended to ultimately eliminate the ACA.
Back in 2018, 20 states had filed a lawsuit against the federal government stating that the ACA was unconstitutional due to the elimination of the individual mandate. With the elimination of the MEC clause, individuals were mandated to purchase individual health insurance, which is being claimed as an unconstitutional exercise of federal power.
Those in opposition to the nullification of the ACA are providers and insurers, along with major groups, such as the American Hospital Association and the American Medical Association, who all support the justification of the ACA. Among the biggest supporters is former Vice President Joe Biden. Biden is aiming to protect, strengthen and ultimately expand the ACA. Through the increase of federal subsidies and having more individuals qualify for these subsidies.
Ultimately, if the ACA was abolished, an estimated of 20 millions of Americans could potentially lose their healthcare coverage.
Read the original article from Healthcare Finance here.