Should states be prevented from drastically revamp their ACA programs?

Health

Protecting Americans with Preexisting Conditions Act of 2019 (H.R. 986)

This bill has Passed the House of Representatives

Bill Summary

In October 2018, the Department of Health and Human Services (HHS) released guidance entitled “State Relief and Empowerment Waivers,” setting up a process by which states could apply to receive waivers granting them more flexibility in interpreting the regulations imposed by the Affordable Care Act (ACA). These waivers, if approved, would allow states to craft new state-based insurance exchanges, move money around, and generally override certain ACA rules, such as mandates to cover specific “essential health benefits.” No state as yet has applied to receive a waiver from HHS. Regardless, this legislation, if passed, would negate the “State Relief and Empowerment Waivers” guidance entirely, rendering it unenforceable. Sponsor: Rep. Ann Kuster (Democrat, New Mexico, District 2)
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Opponents say

• “President Trump has already opened up more affordable, flexible options for Americans in the individual health insurance market, while also bringing new stability to the Exchange. Now, [with the new guidance released by HHS] states will have a clearer sense of how they can take the lead on making available more insurance options, within the bounds of the Affordable Care Act, that are fiscally sustainable, private sector-driven, and consumer-friendly.” - Alex Azar, Secretary of the Department of Health and Human Services
• “By loosening the restrictions on what constitutes coverage, the administration clarifies that affordable short-term, limited duration health insurance plans are available to consumers. And these are not merely a cheaper alternative to a ‘superior’ and vastly more expensive Obamacare plan, but plans that stand on their own as a first-choice for those seeking affordable plans that more closely match their health care needs without extraneous coverage for things they don’t need.” - Heartland Institute

Proponents say

• “The CMS guidance that this resolution seeks to overturn allows states to undermine critical protections for millions of Americans living with pre-existing conditions. Under the guidance issued in 2018, ‘state innovation waivers’ could allow for the sale of cheap, inadequate health insurance plans that can deny coverage for individuals with pre-existing conditions, charge them more for being sick or retroactively rescind coverage. This guidance opens the door for states to deny patients important protections that the Affordable Care Act provided for people with pre-existing conditions. We urge lawmakers to support this resolution and patient protections for their constituents” - American Heart Association
• “Time and time again this Administration has eroded key ACA consumer protections that are the bedrock of the law,” said Congressman Courtney. “The 1332 guidance the Administration issued further degrades the original intent of the ACA by creating a backdoor to provide Americans with coverage that doesn’t meet the law’s standards and weakens protections for people with pre-existing conditions. I applaud Congresswoman Kuster’s introduction of the Protecting Americans with Pre-Existing Conditions Act, which would restore the original intent of the law, protect the integrity of the health care exchange market, and access to care for those who rely on it.” - Rep. Joe Courtney (D, CT-2)

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