Confronting Democratic attacks, Republicans propose codifying insurance protections for sick people

“Nevadans and Americans throughout the country with pre-existing conditions should be protected — period,” said Sen. Dean Heller, R-Nev., one of the co-sponsors who faces a tough re-election battle this fall in a state that Hillary Clinton won in 2016.

The problem for Senate Republicans is that the Trump administration wants to get rid of Obamacare’s pre-existing condition protections.

The Justice Department declined to defend Obamacare in court, and supported a lawsuit from Texas and 19 other states arguing that, because Congress eliminated the financial penalty for going uninsured, the entire law should be struck down. DOJ doesn’t assert that the entire law should be eliminated, just the protections for pre-existing conditions.

Democrats in tight re-election races have highlighted their support for Obamacare’s pre-existing condition protections. Senate Democratic leadership also said that Trump’s Supreme Court pick Brett Kavanaugh could put such protections in danger because he could vote in favor of the Texas lawsuit if it reaches the Supreme Court.

The new Republican bill would amend the Health Insurance Portability and Accountability Act to guarantee availability of coverage in the individual or employer-sponsored group market for all Americans, including those with pre-existing conditions.

If Congress passes the bill, the guarantee should continue to exist even if Texas is successful in its lawsuit. Oral arguments on the lawsuit start on Sept. 5.

“The legislation prohibits discrimination against beneficiaries based on health status, including the prohibition against increased premiums for beneficiaries due to pre-existing conditions,” the Republicans said in a release.

However, the bill doesn’t prevent insurers from charging higher rates based on age or gender, tweeted Larry Levitt, senior vice president for the research firm Kaiser Family Foundation.

GOP Sens. Thom Tillis of North Carolina, Bill Cassidy of Louisiana, Lindsey Graham of South Carolina, Lisa Murkowski of Alaska, Joni Ernst of Iowa, Roger Wicker of Mississippi, John Barrasso of Wyoming, Chuck Grassley of Iowa and Lamar Alexander of Tennessee are the other co-sponsors of the bill.

Prior efforts to repeal Obamacare also guaranteed coverage for people with pre-existing conditions but allowed insurers to charge them higher rates.

The House passed the American Health Care Act in May 2017 that repealed Obamacare. It let states get waivers to allow insurers to charge people with pre-existing conditions higher premiums.

The Senate failed to pass its own repeal bill last July after concerns from a handful of Republicans about the loss of the Medicaid expansion and pre-existing condition protections. Murkowski joined Republican Sens. Susan Collins of Maine and John McCain of Arizona and all Democrats in opposing the bill.

Republicans made another bid to repeal Obamacare in September 2017 with a bill sponsored by Graham and Cassidy. But that bill also failed due to defections among several GOP senators.

Obamacare allies charge that the new bill on pre-existing condition protections is an attempt to take political cover.

“This bill is just an election year scam from Senate Republicans desperate to hide from their own record,” said Brad Woodhouse, campaign director for the Obamacare advocacy group Protect Our Care.

Democrats also balked at the bill and argue that it will do little to protect people with pre-existing conditions. Senate Minority Leader Chuck Schumer tweeted that if the Texas lawsuit is successful then it will get rid of a requirement that insurance plans cover essential health benefits like hospitalization, which are critical for people with pre-existing conditions.

The GOP-led lawsuit — which, again, the Republicans don’t oppose — would also strike down Medicaid expansion, tax credits and premium subsidies and more,” Schumer tweeted.