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Morning Briefing

Summaries of health policy coverage from major news organizations

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Monday, Oct 16 2017

Full Issue

It's Not Likely Court Will Order Administration To Pay Subsidies, But That Hasn't Stopped States From Suing

Nearly 20 states have sued over President Donald Trump's decision to stop the insurer subsidies. But, “Forcing an administration to continue making payments when the president believes there is no appropriation, and when Congress believes there’s no appropriation, would be a pretty extreme move by the court," said Nicholas Bagley, a professor at the University of Michigan Law School.

Politico: Epic Legal Battles Shaping Up Over Trump's Scrapping Of Obamacare Subsidies

President Donald Trump's move to cut off critical Obamacare subsidies will almost surely be tied up in the courts for years as Democratic-led states seek injunctions, while insurers seek to recover payments they say they’re owed. It's impossible to predict whether a judge might order the administration to continue the payments while the lawsuits are heard, but at least some legal experts express doubts. (Demko and Pradhan, 10/13)

The Associated Press: Many States, Consumers Alarmed By Trump's Health Care Order

President Donald Trump's decision to end a provision of the Affordable Care Act that lowered out-of-pocket medical costs brought swift reaction Friday from the states, as health officials and consumers said they feared the action could chase millions of Americans away from coverage. Attorneys general in nearly 20 states filed a lawsuit against the Trump administration to keep the money flowing, contending that the president is not following a legal requirement to pay the subsidies. (Mulvihill and Kennedy, 10/13)

The Hill: 18 States Sue Over Trump-Halted ObamaCare Payments

A new multi-state lawsuit has been announced to stop President Trump from halting key ObamaCare payments to insurers. Eighteen states and Washington, D.C., signed onto the lawsuit filed Friday in federal court in California, according to Sarah Lovenheim, a spokeswoman for California Attorney General Xavier Becerra (D). (Roubein, 10/13)

NPR: Swift Reaction To White House's Move To End Insurance Subsidies

New York Attorney General Eric Schneiderman says he is joining peers in California and several other states in filing a lawsuit to protect the subsidies. Schneiderman says the lawsuit will argue that the subsidies are codified under the ACA, and therefore, they must be paid as long as the health care law remains in force. Eliminating the subsidies is "breathtakingly reckless," he said. "This move is unacceptable, it's cruel, and it is unlawful." (Kodjak, 10/14)

The Oregonian: Oregon Will Join Lawsuit Against Trump's Plan To Stop Obamacare Insurance Subsidies

Oregon health officials are still scrambling to respond to President Donald Trump's decision to cut off payments to insurers under the Affordable Care Act. But one thing is clear: The state plans to fight the president's plan. State Attorney General Ellen Rosenblum said Friday that Oregon is joining California's lawsuit to protect the subsidies that reduce insurance costs for low- and middle-income households. Fifteen other states have already signed on, according to Rosenblum.  (Borrud, 10/13)

The Baltimore Sun: End Of Obamacare Subsidies Creates An Uproar 

The announcement prompted an almost immediate reaction Friday. Maryland Attorney General Brian Frosh announced that the state was joining 17 other states and the District of Columbia in a class-action lawsuit against the Trump Administration. CareFirst Blue Cross BlueShield, which has about 75 percent of the exchange market in Maryland, said it plans legal action, too. (McDaniels, 10/13)

Pioneer Press: Minnesota Sues Over Trump Stopping Health Insurance Payments

Minnesota will sue the Trump administration over its plans to stop federal payments that have reduced the cost of health insurance, Attorney General Lori Swanson said Friday. Through legal filings and a late Thursday night announcement, President Donald Trump’s administration said that the payments were illegal because they had not been approved by Congress. But Swanson and other Democratic attorneys general say the payments are in federal law and insurance companies are owed them to keep state residents’ costs down. (Stassen-Berger, 10/15)

Denver Post: Trump Decision On Obamacare Subsidies Draws Criticism From States, Health Groups 

Gov. John Hickenlooper called the subsidy decision “cruel and irresponsible.” The attorneys general in at least a dozen states — Colorado is not one of them — said they plan to sue over the decision. Six physician groups, representing more than 560,000 U.S. doctors and medical students, issued a statement warning that cutting off the payments will cause “dramatic, if not catastrophic, increases in premiums across the country.” The announcement also brought immediate upheaval to Colorado’s insurance market. As a result of the subsidy payments being discontinued, the Colorado Division of Insurance announced premiums for people who buy health insurance on their own will rise next year on average by an additional 6 percentage points above previously announced increases. (Ingold, 10/13)

San Francisco Chronicle: California To Sue Trump Administration Over Health Insurance Subsidies

California Attorney General Xavier Becerra said Friday he will sue the Trump administration for halting billions of dollars in federal payments to health insurers that help low-income Americans afford health care under the Affordable Care Act. The payments, known as cost-sharing subsidies, were created under the ACA to help insurers lower out-of-pocket costs for millions of Americans who buy health insurance through the exchange. (Ho, 10/13)

Sacramento Bee: California Sues Trump To Preserve Obamacare

“Undermining the Affordable Care Act has been Donald Trump’s and many Republicans’ plans for a long time,” Becerra said. “It’s long past time that President Trump learned that he doesn’t get to just pick and choose which laws he’ll follow, and which bills he’ll pay.” (Hart and Ashton, 10/13)

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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