Diverse, Bipartisan Coalition Supports Attorney General Nessel's Defense of the ACA, Urges Supreme Court to Act

Contact: Kelly Rossman-McKinney 517-335-7666
Agency: Attorney General

January 16, 2020

LANSING - Michigan Attorney General Dana Nessel today announced that a diverse group of bipartisan economists, patient groups, hospitals, healthcare providers, healthcare insurance companies, and others filed amicus briefs defending the Affordable Care Act. The diverse coalition of amici supports a  state coalition led by California in its fight to protect the Affordable Care Act. The amici urge the Supreme Court to grant review of the coalition’s case and argue that it is necessary to protect America’s healthcare system and the well-being of Americans across the nation.

“The Affordable Care Act provides significant protections for Michigan residents, including the expansion of Medicaid – which provides coverage to nearly seven percent of our population, the guarantee of coverage for pre-existing conditions, and the extension of health insurances to young adults under the age of 26 who are covered through their parents’ employers,” said Nessel. “These organizations – including the Michigan Health & Hospital Association – recognize that all of that will go away if we don’t fight for it at every turn. Seniors are counting on us to keep the donut hole closed; women are counting on us to keep their rates at the same level men pay, not 50 percent more; rural hospitals are counting on us to protect them from being stuck with $1.9 billion in uncompensated care – and nearly half of the people who live in our state will have to start paying for preventive care like mammograms and flu shots. Finally, if we do not act – and if we are not successful in our efforts – insurance companies will be allowed to put lifetime and annual caps on coverage, putting profit before people.” 

These amicus briefs support the coalition’s request that the Supreme Court review a recent Fifth Circuit decision that held the individual mandate of the ACA unconstitutional and called into question whether the remaining provisions of the law could still stand. The state coalition has asked that the U.S. Supreme Court grant review of this decision and decide the case before the court’s term ends in June, which is needed to alleviate the uncertainty created by this litigation. The law at issue includes hundreds of provisions and rules that countless Americans rely on, including those that require insurers to provide coverage to Americans with pre-existing conditions; provide financial assistance that helps low- and middle-income families access affordable coverage; prevent lifetime insurance limits; and allow young people up to age 26 to stay on their parents’ insurance. 

The coalition is leading the defense of the ACA to protect the important advancements in healthcare access made under the law, including:

  • More than 12 million Americans receiving coverage through Medicaid expansion;
  • Nearly 9 million individuals nationwide receiving tax credits to help afford health insurance coverage through individual marketplaces;
  • Millions of working families relying on high-quality employer-sponsored insurance plans; 
  • Important protections prohibiting insurers from denying health insurance to the 133 million Americans with pre-existing conditions (like diabetes, cancer, or pregnancy) or from charging individuals higher premiums because of their health status; and
  • Nearly $1.3 trillion in federal funding being dedicated to keeping Americans healthy and covered, including Medicaid expansion and public health dollars.

Amicus briefs in support were filed by America’s Health Insurance Plans (AHIP), National Hospital Associations, Small Business Majority Foundation, American Cancer Society, et al., 33 State hospital Associations, AARP, et al., Center for Medicare Advocacy, Justice in Aging and Bipartisan scholars.

Joining Michigan Attorney General Dana Nessel in defending the ACA are the Attorneys General of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Iowa, Massachusetts, Minnesota (by and through its Department of Commerce), Nevada, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, and Washington, as well as the Governor of Kentucky.

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