Justice in Aging Statement on Affordable Care Act Decision in Texas

By December 21, 2018Statements

Last Friday, a Federal District Court in Texas issued a decision declaring the Affordable Care Act (ACA) in its entirety unconstitutional. The judge’s reasoning has been widely criticized and legal scholars contend that it is unlikely the decision will be upheld on appeal. Nevertheless, the ruling sowed confusion and uncertainty on the eve of the ACA Marketplace enrollment deadline and furthers the harm caused by the Trump Administration’s and Congress’s actions to undermine the ACA.

If the ruling were to stand, the implications for older adults would be catastrophic. Over 4.5 million older adults age 55-64 who have coverage through the Marketplaces and Medicaid expansion would lose access to health care. For millions more, health care would become either unaffordable or unattainable because health insurance companies would again be permitted to charge older adults more based on age and deny coverage to the 8 out of 10 older adults with a preexisting condition.

The ACA’s Medicare provisions would also be rolled back. Medicare enrollees would face higher prescription drug costs and out-of-pocket spending on preventive services that are currently free pursuant to the ACA. Further, the savings from the ACA that extended the life of the Medicare trust fund would be eliminated, placing Medicare at risk for dramatic cuts through the budget, vouchers, and privatization. These are costs that seniors simply cannot afford.

Despite the judge’s ruling, the ACA remains the law today and older Americans can continue to rely on the ACA’s protections and coverage. By joining together, we have successfully prevented previous attempts strike down the ACA. That fight continues to ensure older adults have access to affordable and quality health care as they age.

Vanessa Barrington

About Vanessa Barrington