Democratic Committee Leaders Reiterate Demand for Information on Administration’s Decision Not to Defend the ACA
“There is no legal basis to withhold information from Congress on the basis of the pendency of an ongoing lawsuit.”
WASHINGTON – Four House Democratic Committee Leaders sent a follow-up letter to Health and Human Services (HHS) Secretary Alex Azar and Centers for Medicare & Medicaid Services (CMS) Administrator Seema Verma today reiterating their request for answers on the Trump administration’s decision to decline to defend protections for individuals with preexisting conditions in the Texas v. United States lawsuit. The letter was signed by Education and the Workforce Ranking Member Bobby Scott (D-VA), Energy and Commerce Ranking Member Frank Pallone, Jr. (D-NJ), Ways & Means Ranking Member Richard Neal (D-MA) and Judiciary Ranking Member Jerrold Nadler (D-NY).
The four Democratic Committee leaders originally requested answers on the Trump administration’s decision not to defend the Affordable Care Act (ACA) against the lawsuit in June, but the administration declined to provide a substantive response.
“The guaranteed issue, community rating, and preexisting condition exclusion provisions of the ACA prohibit insurers from discriminating on the basis of these preexisting conditions,” the Democrats wrote to Secretary Azar and Administrator Verma. “In declining to defend these provisions, the Trump administration is seeking to invalidate these critical patient protections, and once again subject millions of Americans with preexisting conditions to the discrimination they faced before the ACA.”
The Democrats are requesting a complete response to their June letter by December 31, 2018 and a briefing on the Department’s document production schedule by December 17, 2018.
“There is no legal basis to withhold information from Congress on the basis of the pendency of an ongoing lawsuit,” Scott, Pallone, Neal and Nadler continued in their letter.
Full text of the letter follows:
Dear Secretary Azar and Administrator Verma:
We are writing to request your immediate attention to an issue of critical importance to our healthcare system and to the millions of Americans living with preexisting conditions. Previously, we asked for your assistance in understanding the Department’s involvement in the Administration’s decision to decline to defend protections for individuals with preexisting conditions in the Texas v. United States lawsuit. To date, you have provided no substantive response to our inquiry.
On June 7, 2018, in the Texas v. United States lawsuit, the Department of Justice (DOJ) declined to defend the Affordable Care Act (ACA) and petitioned the Court to strike down the law’s protections for individuals with preexisting conditions. The guaranteed issue, community rating, and preexisting condition exclusion provisions of the ACA prohibit insurers from discriminating on the basis of these preexisting conditions. In declining to defend these provisions, the Trump Administration is seeking to invalidate these critical patient protections, and once again subject millions of Americans with preexisting conditions to the discrimination they faced before the ACA.
On June 13, 2018, we sent the attached letter requesting documents and information to better understand the Department’s role and involvement in the DOJ’s decision. There is no legal basis to withhold information from Congress on the basis of the pendency of an ongoing lawsuit. We request a complete response to our June 13, 2018 letter by no later than December 31, 2018. We also request a briefing on the Department’s document production schedule by December 17, 2018.
Thank you for your prompt attention to this matter.
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Press Contact
Stephanie Lalle, (202)-226-0853 (Scott)
CJ Young, (202) 225-5735 (Pallone)
Erin Hatch, 202-225-2856 (Neal)
Daniel Schwarz / Shadawn Reddick-Smith (Nadler)
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