Affordable Care Act: Fixer Upper or Tear Down?

Nearly everyone in Texas is affected by the Affordable Care Act (ACA). In 2018, Attorney General Ken Paxton led a 20-state coalition lawsuit against the federal government which claimed the ACA’s individual mandate was unconstitutional. A Texas federal judge ruled in Paxton’s favor, arguing that “the law’s individual mandate is unconstitutional after Congress zeroed out the penalty associated with it in the tax bill in late 2017.”

Nearly everyone in Texas is affected by the Affordable Care Act (ACA). In 2018, Attorney General Ken Paxton led a 20-state coalition lawsuit against the federal government which claimed the ACA’s individual mandate was unconstitutional. A Texas federal judge ruled in Paxton’s favor, arguing that “the law’s individual mandate is unconstitutional after Congress zeroed out the penalty associated with it in the tax bill in late 2017.”

The decision was appealed, and in July 2019, the case went to a panel of the U.S. Court of Appeals for the Fifth Circuit Court of Appeals for oral arguments. A decision by the Fifth Circuit has yet to be made, which means the ACA remains the law, for now.

Although the law’s future status is unclear, many state healthcare advocates warn about the consequences of losing the law without a plan to replace it. The Kaiser Family Foundation notes that “many of the provisions are of concern,” including protections for people with pre-existing conditions, creation of insurance marketplaces, and premium subsidies for low and modest income people.”

In addition to these concerns, the law would affect young adults up to age 26 covered under their parents’ insurance, and protections for lactating mothers would be in question.

Source: Affordable Care Act: Fixer Upper or Tear Down? / Reform Austin

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