Can States Fill the Gap if the Courts Overturn Preexisting-Condition Protections?

The Fifth Circuit Court of Appeals will hear oral arguments in Texas v. Azar the week of July 8, 2019. The case, which challenges the constitutionality of the Affordable Care Act (ACA), would have dramatic repercussions if the plaintiffs are ultimately successful. As many as 20 million people nationwide would lose their coverage, while millions more could face insurance company denials, premium surcharges, or high out-of-pocket costs because of their health status.

To help blunt potential fallout and prevent adverse effects for millions of individuals, several states are enacting bills to ensure that federal ACA protections become part of state law. In a recent post for The Commonwealth Fund, CHIR experts Sabrina Corlette and Emily Curran provide an overview of efforts to embed the ACA in state law, preserving preexisting condition protections if the ACA is ultimately overturned.* You can read their full post here.

*After this post was published, Nevada’s governor signed legislation aligning Nevada’s protections for people with preexisting conditions with provisions of the ACA.

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