Texas Judge Rules Obamacare Unconstitutional- What This Means For The Future

Just before Christmas, a federal Texas judge, Reed O’Connor, ruled that the entire Affordable Care Act, also known as Obamacare, was unconstitutional. This all began December 2017, when President Trump eliminated the individual mandate from Obamacare. The individual mandate was the penalty people had to pay during tax season if they did not get health insurance for the year. When the mandate was officially gone, many states decided to take action against the ACA, filing a lawsuit deeming the ACA unconstitutional. Texas is the first state to rule against the ACA’s validity. Obamacare may now face some challenges. However, as of now the ACA open enrollment will still take place for 2019, and people will still get coverage.

Texas judge ruled Obamcare (ACA) unconstitutional, making it invalid.
Texas judge ruled Obamcare (ACA) unconstitutional, making it invalid.

If the ACA is completely dismantled, then this means that other provisions would go away as well. This includes pre-existing conditions, young adults staying on their parents’ insurance until the age of 26, and the coverage of “essential benefits” such as mental health, prescription drugs, and maternity.

The ACA Holds Up For Now

In response to the judgement from O’Connor, Obama wrote “it’s so important for you to know that last night’s ruling changes nothing for now. As this decision makes its way through the courts, which will take months, if not years, the law remains in place and will likely stay that way. Open enrollment is proceeding as planned today. And a good way to show that you’re tired of people trying to take away your health care is to go get covered! A lot of good people are fighting to ensure that nothing about your care will change. The ACA protects your pre-existing conditions, no matter how you get your insurance. Young people can stay on their parents’ plans until they’re 26. Preventive care like checkups, mammograms, and contraceptive care are still covered. Mental health care is still covered. Women can’t be charged more just for being a woman. All of that is guaranteed by the ACA as long as it’s the law.”

Trump on the other hand was happy of the judgement stating in a tweet, “It was a big, big victory by a highly respected judge, highly, highly respected in Texas, and on the assumption that the Supreme Court upholds, we will get great, great health care for our people. We’ll have to sit down with the Democrats to do it, but I’m sure they want to do it also.”

As of now, Obamcare will be available for 2019.
As of now, Obamcare will be available for 2019. The future of the ACA is unkown, especially not until 2020 after the high court hears Texas’ case.

What The Future Holds

While legal experts predict that the decision will be overturned by the high court, it will not be likely to take place until 2020. Until then, the ACA law is not yet invalidated, even though enrollment has taken a hit. Enrollment is down by 12% compared to the previous year. The ACA has withheld a lot over the years, and only time will tell it’s future, but as for now, it is here to stay.

Trump Promises To Protect Pre-Existing Conditions

Over the years, President Trump has been slowly picking away at Obamacare, also known as the Affordable Care Act. But there has been one section of the ACA that he intends to keep, which is the pre-existing conditions clause. Trump recently stated he was going to “totally protect people with pre-existing conditions.” Despite the Trump Administration putting the provision in jeopardy, Trump is stating he backs it and that Democrats do not.

Trump promises to protect and cover pre-existing conditions, even after the ACA is gone.
Trump promises to protect and cover pre-existing conditions, even after the ACA is gone.

The controversy all began when Trump was running for presidency. One of his promises was to get rid of Obamacare, and so far he has kept that promise. Over the years, he has gotten rid of the individual mandate. This mandate stated that people must get health insurance or they will face a penalty. Due to getting rid of this mandate, many states have challenged the ACA’s constitutionality in a lawsuit this past February. These states are saying that since the mandate is unconstitutional, then the entire health care is also.

The Promise

Throughout the dismantling of the ACA, Trump is fighting to protect people with pre-existing conditions. He wants to make sure that they are still able to get health insurance, and will not be rejected or pay more because of the conditions. This is all came about as midterm elections were approaching, and he was urging people to vote Republican. In his tweet he stated that Republicans will back those with pre-existing conditions, and that Democrats will not, so “vote Republican.”

Trump administration officials said they will allow states to use federal subsidies to pay for health plans that don’t cover pre-existing conditions. Republicans all over the U.S. back what Trump has said about pre-existing conditions.

Make sure you plan ahead so that you are covered.
Make sure you plan ahead so that you are covered. Look into a short-term plan, and if it will work for you.

However, there are many doubts if this will actually hold true. A lot of people are skeptical about the pre-existing provision, especially after the midterm elections. Many see this as an attempt to get people to support Trump. The fact is that premiums may be high for those with pre-existing conditions, and not necessarily protect them.

Short-term plans are being expanded in hopes that people will go for them, which does not offer comprehensive plans. This means they may not necessarily cover pre-existing conditions. But if Trump does truly stand behind protecting pre-existing conditions, he can take some steps to ensure it will be be protected, which we have yet to see.

Once the lawsuit between the states and the government to get rid of the ACA is over, only then will we know what will happen with pre-existing conditions. This can cost a lot of people looking for health insurance a lot of money, and even possibly be denied coverage.

Trump’s Plan for Health Insurance to Be Sold Across State Lines is Becoming Reality

While announcing the proposal of association health plans amongst small businesses, the Trump Administration is also aiming to facilitate health insurance policies across state lines. The rule will allow insurance companies to sell plans across state lines. The goal is to be able to provide plans and coverage that cost less.

Trump plans to allow insurance cpmanies to sell plans across state lines.
Trump plans to allow insurance cpmanies to sell plans across state lines.

Trump stated “I have private insurance companies coming and will sell private health care plans to people through associations. That’s going to be millions and millions of people. People have no idea how big that is. And by the way, and for that, we’ve ended across state lines. So we have competition.”

The issue that Trump is referring to is the state regulations that each state has. Each state differs in the requirements of what must be covered by insurance companies.

The association health plans would be considered under the federal law that allows large employers the freedom from state regulation. This way, these health plans can be sold across state lines.

Issues that lies with these plans are the fact that they can surpass the ACA’s requirement of providing the 10 essential benefits such as maternity care, mental health care, and emergency services to name a few. This allows the plans to offer fewer benefits, therefore costing much less. But the association plans cannot discriminate or overcharge individuals with pre-existing conditions.

These health plans can be structured across state lines, giving them the opportunity to market anywhere in the country. They may also set up to serve communities, or span several states. However, pricing is uncertain whether people in Manhattan will be priced the same as those in Texas.

“We are concerned that this could create or expand alternative, parallel markets for health coverage, which would lead to higher premiums for consumers, particularly those with pre-existing conditions,” according to a letter last month to state regulators, signed by America’s Health Insurance Plans and the Blue Cross Blue Shield Association. “Further, these actions destabilize the health insurance markets that guarantee access to comprehensive health coverage regardless of health status.”

Allowing this new rule will hopefully help Americans save money on health inurance.
Allowing this new rule will hopefully help Americans save money on health inurance, says Trump.

Pennsylvania’s acting insurance commissioner, Jessica Altman, voiced her opinion on the matter. “Generally speaking, these types of plans are exempt from state law and outside my jurisdiction,” Altman stated. “That means any issues that consumers have, I won’t be able to help them. More and more people would fall under the jurisdiction of the federal government, and I think state regulators would say we really do it better.”

The opportunity for health insurance plans to be sold across state lines will have an impact on the market. People will be able to purchase less comprehensive plans at a cheaper rate. But this can cause customers with extensive health issue or needs a hard time finding affordable plans. Healthier individuals will leave the marketplace for the skimpier non-regulated health plans, which will create a rise in premiums for those who need it- the sick.

Details on the rule must still be worked out by Congress and voted on, but if passed, it will change the health insurance market.