Below is a statement from Justice in Aging’s Executive Director Kevin Prindiville on the Justice Department’s Refusal to Defend the ACA in Court

The U.S. Department of Justice’s decision not to defend provisions of the Affordable Care Act that protect those with pre-existing conditions is an attack on the health care of older adults. Without these protections, 25 million Americans aged 50-64 may be unable to see doctors because they won’t be able to pay their much higher premiums.

Over 80 percent of adults age 55-64 have at least one pre-existing condition—their premiums will skyrocket without community rating. Without guaranteed issue of health insurance, older adults will go back to the pre-ACA days when they could be denied coverage altogether based on their health status. 

The Trump Administration is now arguing that it is unconstitutional to stop insurance companies from denying coverage to older adults and those with pre-existing conditions or charging these individuals more. The Justice Department has taken the highly unusual step of arguing against its prior position, and is seeking to undermine the constitutionality of established law. This is a dangerous development. Further, the Justice Department’s indefensible legal position destabilizes the current health insurance market and will raise costs for older adults, their families, and all Americans.

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Justice in Aging
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