FOR IMMEDIATE RELEASE
Date: December 16, 2010
Contact: Erikka Knuti (202) 603-4600; .(JavaScript must be enabled to view this email address)
HIC Statement on Today's Hearings in Florida Health Care Lawsuit
Pensacola, FL - The Health Information Center (HIC) released the following statement, today, supporting the Affordable Care Act and condemning the legal challenges to the new law. Federal District Court Judge Roger Vinson heard oral arguments in Florida et al. v. DHHS et al. today in Pensacola. HIC Executive Director James Chiong attended today's hearing. He also attended the October 14 oral arguments hearing for Virginia v. Sebelius.
Statement by Health Information Center Executive Director James Chiong:
"I've had the opportunity to hear the Justice Department argue their case in both Virginia and Florida. While Monday's outcome in the Virginia case wasn't ideal, my hope is that Judge Vinson will have a better understanding of the unique qualities of the health care market. The Justice Department did a great job today; their argument was strong, clear and convincing. It is an argument that has been echoed by 35 economists.
"The individual responsibility provision and the Medicaid expansion are incredibly important to providing Americans access to care and stability of coverage. I can't speculate how Judge Vinson will decide, but I hope he understands how high the stakes are for Americans. Without the individual responsibility provision, the Affordable Care Act could lose its ability to protect those with pre-existing conditions and end life-time coverage limits. It would also cause premiums to skyrocket."
So far, 14 cases have been decided in favor of the Affordable Care Act, either ruling to uphold the law or dismissing meritless cases. Monday, Virginia Judge Henry Hudson issued a controversial opinion that the individual responsibility provision is unconstitutional. Hudson's ruling was contrary to rulings by two other federal judges who upheld the constitutionality of the provision [Liberty Univ. v. Geithner (W.D. Va.) and Thomas More Law Center v. Obama (E.D. Mi.)]. However, Judge Hudson did not invalidate the Affordable Care Act or halt the law's implementation.
Florida et al. v. DHHS et al. is a partisan, political attempt to undermine the new health care law that provides Americans with access to secure, stable health coverage and ends the era of discrimination based on pre-existing conditions. The individual responsibility provision prevents people from abusing the system and is needed for the law's other provisions to work effectively. These provisions and others helped changed the lives of:
- 1 in 7 Americans who were denied coverage based on pre-existing conditions from 2007 to 2009. [Wall Street Journal 11/13/10]
- The 25,000 Americans with costly illnesses that "maxed out" their benefits in 2009. Hemophilia and Leukemia are just two of the conditions that cause patients to hit their "lifetime coverage limit." [Price Waterhouse Cooper, 2009]
- The more than 20,000 Americans who were dropped from coverage after they got sick. This number accounts for just three insurers over five years; there are countless others who suffered the fate. [HHS]
- 80,000 seniors who entered the Medicare donut hole in 2010, and received a $250 rebate check providing some financial relief to those facing the coverage gap. [CNN, 6/7/10]
Groups of four governors, five state attorneys general, one Republican and 70 Democratic state senators, 35 economists, 19 advocacy organizations (including AARP, Families USA, American Academy of Pediatrics, National Health Law Program, National Partnership for Women and Families), 13 advocacy organizations (including National Women's Law Center, American Association of People with Disabilities, Breast Cancer Action); as well as Small Business Majority and Young Invincibles filed amici briefings in Florida et al. v. DHHS et al. supporting the Affordable Care Act.
HIC is a non-partisan, non-profit organization whose mission is to educate the public about health care reform and serve as the voice of the Affordable Care Act supporting its implementation.
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"Under new plans, no child under age 19 will be denied coverage for a pre-existing conditions, period. Adults who have been without insurance for six months and who have been unable to obtain insurance because of a pre-existing condition, can apply for coverage under the Pre-Existing Condition Insurance Plan (PCIP)."
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Insurers can no longer cut someone after the fact.
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New screening procedures are now in place for health care providers to eliminate fraud and waste in the health care system.
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Medicare Part D enrollees who hit the Medicare prescription drug benefit gap in 2010 will automatically receive a $250 rebate check.
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Effective immediately, qualified small employers get tax credits of up to 35% of premiums for offering coverage.
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