You'd never get it through the Senate unless the composition of that august body radically changed. My hope is that in this unlikely event, it would open the way for something more like what I've proposed: catastrophic income insurance for everyone i. But that's a pretty wan hope. And unless these lawsuits clear the court systems before , the dislocations would be massive. Skip to content Site Navigation The Atlantic. Popular Latest. The Supreme Court has the following options when it decides the case , The Washington Post and other sources have reported:.
According to an analysis by the nonprofit Kaiser Family Foundation , "If the Supreme Court adopts the position that the federal government took during the trial court proceedings and invalidates the individual mandate as well as the protections for people with pre-existing conditions, then federal funding for premium subsidies and the Medicaid expansion would stand, and it would be up to states whether to reinstate the insurance protections.
If that were to happen, Congress also could reinstate protections for people with pre-existing conditions. Joe Biden, the Democratic presidential nominee, has voiced his support for the ACA, sometimes referred to as Obamacare, pointing out how it safeguards people who might not otherwise qualify for coverage. His campaign website says, "Because of Obamacare, over million people no longer have to worry that an insurance company will deny coverage or charge higher premiums just because they have a pre-existing condition —whether cancer or diabetes or heart disease or a mental health challenge.
President Trump has also pledged to maintain these protections even as his administration supports the lawsuit that seeks to overturn the act. During his acceptance speech for the Republican presidential nomination , Trump said, "We will always, and very strongly, protect patients with pre-existing conditions, and that is a pledge from the entire Republican Party.
The individual mandate is most closely linked to ACA provisions on guaranteed issue and federal subsidies to insurers, said Kathy Bakich, national health compliance practice leader at Segal, an employee benefits consulting firm.
But there's a possibility the justices could consider the mandate that employers with 50 or more full-time employees provide ACA-compliant coverage to full-time staff. The Supreme Court could issue a ruling that maintains the status quo and leaves the appellate decision intact , wrote Katie Keith, a former research professor at Georgetown University's Center on Health Insurance Reforms and a contributor to the Health Affairs blog.
In that instance, "the 5th Circuit's ruling would stand and the case would be remanded back to the district court," she noted. If that is the outcome, "the ACA would remain in effect while the district court undertook a provision-by-provision severability analysis," Keith noted. Thinking Ahead. If the employer 'play-or-pay' mandate the hour rule were struck down, would an employer move full-time eligibility back to 40 hours?
Concluded Mercer's consultants, "There is much to consider with these possible ACA changes," should they come to pass. You may be trying to access this site from a secured browser on the server. Please enable scripts and reload this page. Reuse Permissions. Image Caption. The U. Senate confirmed 7th U. It also withheld subsidies to support low-income individuals with out-of-pocket costs, which also caused problems to insurers offering plans to those people.
The administration has also worked to expand alternative insurance plans like so-called short-term, limited-duration health plans and association health plans. While these plans have lower premiums, they do not carry the consumer protections of the ACA like preexisting condition coverage. They also do not pay for prescription drugs or hospital stays. And unlike the ACA, they also require consumers to undergo a medical assessment before enrollment. Consumers may be charged higher premiums or rejected entirely based on their medical condition and age.
Regulations issued by the Trump administration have reduced access to reproductive care for women. Sign up for our Health Tip of the Day newsletter, and receive daily tips that will help you live your healthiest life. Kaiser Family Foundation. Health Insurance Coverage of the Total Population. Norris, Louise. Does the IRS change how much I'll have to pay for my health insurance each year?
March 12, March 11, Explaining Texas v. January 28, Musemeci, MaryBeth. September 1, Keith, Katie. Health Affairs. November 24, Explaining health care reform: questions about health insurance subsidies. January 16, Cox, Cynthia; McDermott, Daniel. Department of Health and Human Services.
May 14, Gaba, Charles. ACA Signups. October 19, Centers for Medicare and Medicaid Services. November 23, Insurers join marketplaces or expand coverage areas in about half the states. October 15, What type of health insurance exchange does my state have?
October 5, What's the deadline to get coverage during Obamacare's open enrollment period? November 1, Marc 23, Is short-term health insurance right for you?
February 12, Short-term health insurance in Idaho.
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