Consumer Health Advocates, Providers and State Officials Respond to the 5^th Circuit Ruling in Health Care Sabotage Case

Trenton — The 5th U.S. Circuit Court of Appeals has issued a ruling in Texas v. United States, a case brought by 20 Republican attorney generals and Governors that sought to repeal the Affordable Care Act.  The Court declared the individual mandate unconstitutional and remanded the fate of the rest of the ACA back to the District Court. The decision puts the country on a dangerous pathway to full repeal of the Affordable Care Act (ACA).

“The court’s decision puts the healthcare of millions of Americans in jeopardy,” said Maura Collinsgru, Health Care Program Director for New Jersey Citizen Action.  “Instead of confirming the Affordable Care Act as settled law, the Appeals Court decision punted back to a District judge seeking to strike down the ACA entirely. By doing so, the 5th Circuit simply perpetuated the fear and uncertainty surrounding this landmark law that has meant access to health care coverage and protections for millions of people across this country.”

This case has been part of a broad scale, coordinated attack on the ACA through legislation, litigation, executive action and regulatory changes. The Trump administration and its supporters, are using this lawsuit to accomplish through the courts what they could not through Congress.  21 Attorneys General led by Xavier Becerra of California, including New Jersey Attorney General Gurbir Grewal, have taken to court to defend the ACA and protect people’s access to quality, affordable health care.

“Wednesday’s decision by the 5th Court of Appeals constitutes a grave threat to healthcare for millions of Americans, including a great number of New Jersey residents said Senator Loretta Weinberg. The promise of the Affordable Care Act was that everyone should have access to healthcare. Millions of people have bought in to that promise, and have built lives assuming that promise would be kept. Here in New Jersey, the Legislature has been fighting to provide for the health of our residents. I am proud that Attorney General Grewal joined the lawsuit to defend the Affordable Care Act, and I am committed to fighting for our residents’ health, regardless of the final outcome of these legal proceedings.”

A full repeal would have devastating consequences for health care consumers and the state’s economy.  New Jersey Policy Perspective estimates eliminating the Medicaid expansion and tax credits would cause nearly 800,000 New Jerseyans to lose coverage and cost the state $4.5 billion in federal revenue. Millions more would be harmed by the loss of guaranteed coverage for essential health benefits such as preventative care, treatment for substance use and mental health, and reproductive health services, and loss of protections for pre-existing conditions, putting lives at risk.

“Consumers shouldn’t be subjected to this continued uncertainty about the Affordable Care Act and threats to the law that would make health care more expensive and gut crucial protections for people with pre-existing conditions,” said New Jersey Human Services Commissioner Carole Johnson. “Fortunately, Governor Murphy has taken action to protect quality, affordable health care for New Jerseyans.  That’s because we recognize that the ACA has resulted in tremendous gains for New Jersey — from the previously uninsured getting affordable coverage thanks to the financial help available on the Marketplace and Medicaid expansion to the millions of New Jerseyans getting preventive care for free in their private insurance plans to the parents keeping their kids on their health coverage up to age 26.  Families should not have to worry about this critical help being under constant theat.  The Murphy Administration will always fight for quality health care.  It’s long past time to end the campaign against affordable health care.”

New Jersey’s uninsured rate has been cut nearly in half since the ACA took effect.  A full repeal would cost the state millions in lost revenue and cause uninsured rates to rise again, increasing charity care costs.

Jonathan Chebra, Senior Director of Federal Affairs for the New Jersey Hospital Association said, “New Jersey’s hospitals, health systems and post-acute providers are committed to ensuring our most vulnerable residents have access to quality, affordable health insurance. It’s an essential part of good health.  “These continuing attacks on the Affordable Care Act undermine the advances we have made in ensuring that more New Jerseyans have the preventative care and peace of mind that comes along with having health insurance.

This decision marks a critical juncture in the fight to protect all families from these harms.  State’s like New Jersey have taken steps to protect their residents.  In June the New Jersey Assembly passed a package of bills that would guarantee these protections under state law.  The Senate has not yet voted on the bills.  The court’s decision has renewed calls for the Senate to vote on the bills to ensure New Jersey health care consumers remain protected.

“Access to healthcare ought to be a right, not a privilege, in the United States. While we cannot control the actions of the federal government or the decisions of state courts, we can protect the healthcare of New Jerseyans,” said Senator Gill (D-Essex/Passaic). “There are several bills moving through the legislature to codify the ACA into state law and ensure the people of New Jersey are insulated from any federal repeals or court rulings. It is my hope that we will get this bill package to the finish line before the end of the session to protect the people of New Jersey in 2020 and beyond.”

Members of Congress and state legislators are hearing from constituents. Congressman Andy Kim (NJ CD-3) said, “This decision shows the obsession we’ve seen from Republicans to take away health care from millions of Americans. I’ve held fifteen town halls over the past year, and at every one I hear from my neighbors across New Jersey that they want to protect access to health care while making it more affordable; that’s exactly what I’ve worked to do, and exactly what people across our state deserve.”

The stakes are high for the people of our state. “Over a million people in New Jersey had no healthcare coverage prior to the ACA, said Hetty Rosenstein, State Director for CWA. “ We have for too long tolerated a healthcare system based upon profit. We should not tolerate it any further.  We have to win healthcare for all in the courts, at the ballot box and in the streets.”

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New Jersey Citizen Action is a statewide advocacy and social service organization that fights for social, racial and economic justice for all while also meeting the pressing needs of low and moderate income New Jerseyans through education and direct service.