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Morning Briefing

Summaries of health policy coverage from major news organizations

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Monday, Jan 7 2019

Full Issue

House Takes Steps To Join ACA Lawsuit, But Its Intervention Is Unlikely To Have Much Impact On The Case

The House Democrats filed a motion to intervene in the lawsuit and plan to vote next week to authorize its attorneys to enter the case and defend the law. Though the move may not impact the outcome of the case in the courts, it may put Republicans in the political hot seat.

The Associated Press: Dem-Led House Moves To Join Health Care Law Case

The new Democratic-controlled House has moved toward defending former President Barack Obama's health care law against a federal court ruling that the statute is unconstitutional, part of the party's effort to use the issue to embarrass Republicans. The House has filed papers seeking to intervene in the case, Democrats announced Friday, which by itself is unlikely to have a substantial impact on the litigation. The House action's greatest impact is likely to be political. (Fram, 1/4)

Kaiser Health News: Democrats Fight Back Against Lawsuit Threatening Health Law

They approved language authorizing House Speaker Nancy Pelosi “to intervene, otherwise appear, or take any other steps in any other cases involving the Patient Protection and Affordable Care Act,” better known as the ACA. House Democrats also filed a motion to intervene in the defense of the ACA against the GOP-led lawsuit. Republicans on the House floor were not impressed. “That effort does not preserve preexisting conditions,” Rep. Greg Walden (R-Ore.), now the ranking member of the House Energy and Commerce Committee, said on the floor. Walden, who helped lead the GOP’s unsuccessful “repeal-and-replace” effort in the last Congress, suggested that lawmakers should instead pass a law reaffirming the preexisting condition protections. (Rovner, 1/4)

CQ: House Files To Intervene In Texas Health Law Case

The House’s filing argues that Congress has the authority to defend federal laws when a federal agency does not. The Justice Department declined to defend the part of the law protecting coverage for people with pre-existing conditions. The judge stayed the ruling pending appeals. (McIntire, 1/4)

Politico Pro: Plaintiffs In ACA Suit Won't Say If They Bought 2019 Coverage

The two Texas men at the center of the Obamacare lawsuit won't say if they bought federal exchange plans this year — a detail that could be crucial when the appeals court reviews a judge's decision overturning the health care law. The men, who along with 20 conservative states are plaintiffs in the case, contend they have the legal standing to bring the lawsuit because they've faced higher premiums and fewer choices of health care providers under the Affordable Care Act. (Rayasam, 1/4)

The Associated Press: California Attorney General Leads Trump Resistance Into 2019

Xavier Becerra became perhaps the nation’s most influential attorney general when he was named California’s top lawyer two years ago, and he has since used his post atop what some call the “Resistance State” to pummel President Donald Trump’s administration with dozens of legal actions. Heading into 2019, he may turn up the heat even more, buoyed by his overwhelming endorsement from voters, a Democratic U.S. House and a more aggressive governor who takes office Monday. Becerra kicked off the new year on Thursday by leading a coalition of 17 Democratic attorneys general in appealing a recent ruling by a conservative federal judge in Texas that declared the Obama-era Affordable Care Act unconstitutional. (Thompson, 1/4)

And in other health news from Capitol Hill —

The New York Times: Why A ‘Passive’ Health Approach Can Produce The Most Action

A $100 billion dollar health care package was proposed by congressional Republicans this past summer, and afterward endorsed by some Democrats. It aims to save money by encouraging you to make big life changes. But the package will probably fail to achieve its goals for a simple reason: scarcity. Chances are you don’t have the time, money or bandwidth to follow through. The legislation is expected to be reintroduced in the first quarter this year, and it has laudable goals. It encourages exercise by treating gym memberships as tax-deductible medical expenses. It would help cover out-of-pocket costs for high-deductible health plans by allowing people to deposit more money in tax-shielded health savings accounts. (Frakt and Benavidez, 1/7)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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