Gov: Obamacare court case could impact hundreds of thousands of Louisianans

December 18, 2018 - 4:58 pm
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(WWL.com)

Governor John Bel Edwards says a Texas judge’s decision to declare the entire Affordable Care Act unconstitutional could lead to the loss of health insurance for 480,000 recipients of the Medicaid expansion, and 850,000 people with pre-existing conditions, but Insurance Commissioner Jim Donelon says he’s been told nothing is potentially changing until the case works its way through the courts.

“The Trump administration has said, everything is as is, we are not going to take Medicaid eligibility away or what have you, we will wait for the decision.”

The case is headed to the 5th Circuit Court of Appeals in New Orleans, one of the most conservative courts in the nation, and likely to the Supreme Court after that.

Obamacare was struck down due to the illegality of the individual mandate that taxes people who don’t have health insurance. Donelon says other aspects of the ACA are now in peril because in their rush to pass Obamacare, Congressional Democrats put out a “half baked” law, and…

“They tried to fix it through regulations and rules in the aftermath. One of the defects of the bill was a lack of a severability clause that would have protected the Medicaid expansion.”

90 percent of new enrollees on the expansion is paid for by the feds.

Donelon says because of the popularity of certain aspects of the ACA, if it were to be struck down in the Supreme Court, it’s like Congress would take up an effort like the one proposed by Texas Senator Ted Cruz.

“To do a compromise of the two parties and the two sides, and put into place something that will not be as defective as the rushed through version of the Affordable Care Act.”

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