Insurers to SCOTUS: Review ACA case and uphold law

Health insurers are asking the Supreme Court to promptly review a case on the constitutionality of the ACA and uphold the law even though its individual mandate was struck down.

In an amicus brief filed with the U.S. Supreme Court Jan. 15, the industry's trade group, America's Health Insurance Plans, reiterated its disagreement with abolishing the ACA's mandate that most Americans must have health insurance or pay a fine. Beyond that, invalidating the entire law based on the individual mandate decision "would wreak havoc on the healthcare system," AHIP said.

A federal appeals court recently sent the case, Texas v. United States, back to a lower court to address whether the individual mandate can be severed from the law without invalidating it in its entirety. AHIP said, "Such a 'do-over' in the lower courts raises the prospect of years of further litigation." To avoid prolonged uncertainty, AHIP urged the court to "not wait years pending remand to confirm what Congress has unmistakably indicated through its actions: that the ACA should continue in operation even in the absence of the individual mandate."

The Trump administration recently said that the Supreme Court review of the ACA case is "premature" and can wait. Democrats and advocacy groups have urged the Supreme Court to take up the case quickly to minimize the effect a drawn-out legal process could have on healthcare stakeholders. 

Read the full brief here

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