02.18.20

Cantwell, Colleagues Fight to Protect People with Pre-Existing Conditions in FY21 Budget

Senators: “repealing the law without a replacement would be devastating”

WASHINGTON, D.C. – U.S. Senator Maria Cantwell joined U.S. Senator Joe Manchin (D-WV) and the entire Senate Democratic Caucus last week in a letter to the Trump administration urging President Trump to direct the Department of Justice (DOJ) to defend Affordable Care Act provisions that protect access to affordable health care for millions of Americans with pre-existing conditions. The letter comes in response to the Trump administration’s Fiscal Year 2021 proposed budget, which continues to fund DOJ’s efforts to repeal the Affordable Care Act while providing no replacement should the DOJ prevail in court.

“We noted your announcement in the 2020 State of the Union that you would protect patients with pre-existing conditions, and we hoped that priority would be reflected in your Fiscal Year 2021 budget request. Unfortunately, your ‘Budget for America’s Future’ does exactly the opposite,” the senators wrote. “We are disappointed that the ‘Budget for America’s Future’ continues to fund the DOJ’s legally unsound position in Texas v. United States. You could bring peace of mind to millions of Americans tomorrow by simply directing the DOJ to do its job and defend the law of the land instead of arguing against protections for people with pre-existing conditions and against access to affordable health care coverage.”

The senators continued, “There is widespread recognition that simply repealing the law without a replacement would be devastating to American families and to our economy, yet the ‘Budget for America’s Future’ makes no mention of the millions of people who would lose health care coverage should the DOJ succeed in court. Instead, it promotes the sale of short-term or ‘junk’ health plans that threaten access to quality and affordable care for Americans with pre-existing conditions and for which insurers often refuse to cover people with pre-existing conditions altogether.”

Senator Cantwell has long been outspoken about the importance of protecting health care coverage for Americans with pre-existing conditions, and she has vehemently opposed continued attempts by the Trump administration and Congressional Republicans to take such protections away. Last July, Cantwell joined health care providers and local patient advocates to defend the ACA and released a report on the threats to health care coverage for the millions of Washingtonians under the age of 65 living with a pre-existing health care condition. In October, she sent a letter calling out the Trump administration on its promotion of “junk” insurance plans and attempts to undermine health insurance protections for Americans with pre-existing conditions. And in June 2018, Cantwell joined the entire Senate Democratic caucus to condemn President Trump’s refusal to stand with patients across the country and defend health care protections for Americans with pre-existing conditions. 

In addition to Cantwell and Manchin, the letter was also signed by U.S. Senators Jeanne Shaheen (D-NH), Tammy Baldwin (D-WI), Doug Jones (D-AL), Kyrsten Sinema (D-AZ), Chuck Schumer (D-NY), Sherrod Brown (D-OH), Tom Carper (D-DE), Mazie Hirono (D-HI), Patrick Leahy (D-VT), Angus King (I-ME), Debbie Stabenow (D-MI), Ed Markey (D-MA), Tom Udall (D-NM), Jack Reed (D-RI), Jon Tester (D-MT), Tammy Duckworth (D-IL), Dick Durbin (D-IL), Sheldon Whitehouse (D-RI), Mark Warner (D-VA), Cory Booker (D-NJ), Richard Blumenthal (D-CT), Maggie Hassan (D-NH), Amy Klobuchar (D-MN), Chris Van Hollen (D-MD), Kirsten Gillibrand (D-NY), Chris Murphy (D-CT), Tim Kaine (D-VA), Martin Heinrich (D-NM), Bob Casey (D-PA), Bob Menendez (D-NJ), Tina Smith (D-MN), Michael Bennet (D-CO), Brian Schatz (D-HI), Chris Coons (D-DE), Jacky Rosen (D-NV), Dianne Feinstein (D-CA), Bernie Sanders (I-VT), Ben Cardin (D-MD), Catherine Cortez Masto (D-NV), Patty Murray (D-WA), Elizabeth Warren (D-MA), Ron Wyden (D-OR), Jeff Merkley (D-OR), Gary Peters (D-MI), and Kamala Harris (D-CA).

The full letter can be found HERE and below:

Dear Mr. President:

We noted your announcement in the 2020 State of the Union that you would protect patients with pre-existing conditions, and we hoped that priority would be reflected in your Fiscal Year 2021 budget request. Unfortunately, your “Budget for America’s Future” does exactly the opposite. It fully funds the Department of Justice’s ongoing efforts to repeal the Patient Protection and Affordable Care Act (ACA) in its entirety through the courts, and it provides no alternative, no replacement, no hope for the 133 million Americans with pre-existing conditions, including the 54 million Americans with pre-existing conditions who would be completely uninsurable without the basic protections provided by the ACA.

The health care laws on the books today include clear protections that prohibit insurance companies from discriminating against individuals with pre-existing conditions. Over the past six years, we have seen millions of Americans, many for the first time, gain affordable health care coverage through Medicaid expansion. This coverage expansion resulted in a major reduction in the uninsured rate, including for women and people of color, and it has also allowed Americans suffering from substance use disorders and mental illness to gain access to the treatment they need to recover. Sadly, instead of building on this progress and working together to continue to improve health care outcomes for all patients, we are having to fight our very own Department of Justice (DOJ) in court just to maintain the status quo.

We are disappointed that the “Budget for America’s Future” continues to fund the DOJ’s legally unsound position in Texas v. United States. You could bring peace of mind to millions of Americans tomorrow by simply directing the DOJ to do its job and defend the law of the land instead of arguing against protections for people with pre-existing conditions and against access to affordable health care coverage. If the health care law is repealed, nearly every American’s health care will be affected, and once again insurance companies will be allowed to put profits over patients, deciding who can and who cannot access affordable health insurance.

There is widespread recognition that simply repealing the law without a replacement would be devastating to American families and to our economy, yet the “Budget for America’s Future” makes no mention of the millions of people who would lose health care coverage should the DOJ succeed in court. Instead, it promotes the sale of short-term or “junk” health plans that threaten access to quality and affordable care for Americans with pre-existing conditions and for which insurers often refuse to cover people with pre-existing conditions altogether. Already, we have heard horror stories from families nationwide unknowingly purchasing these junk plans that do not cover their pre-existing conditions. Your proposed budget refuses to withdraw these harmful regulations, which make it easier for insurance companies to discriminate against people who desperately need prescription drugs, maternity care, and mental health or substance use disorder treatment.

Americans need us to work together to defend their access to quality, affordable health care. We have proven that we can improve our health care system and reduce costs when we put politics aside and people first. It is not too late to reverse course on Texas v. United States. It is not too late to work together to build on the successes of the ACA. We urge you to work with us on protecting and expanding access to affordable health care for all Americans.

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