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About East Oregonian : E.O. (Pendleton, OR) 1888-current | View Entire Issue (Dec. 18, 2018)
NATION East Oregonian A6 Tuesday, December 18, 2018 After ruling against ‘Obamacare,’ what now? By MARK SHERMAN Associated Press WASHINGTON — A federal judge’s ruling would, if upheld, wipe away the entire Affordable Care Act, the health care overhaul championed by President Barack Obama and twice sustained by the Supreme Court. Judge Reed O’Con- nor’s opinion was issued late Friday, and supporters of the law vowed to appeal and take other steps to pre- serve health benefits in the law sometimes called “Obamacare.” Some questions and answers about O’Connor’s ruling: What is the immedi- ate effect of the ruling for Americans covered under Obamacare? In a word, nothing. Although O’Connor said the entire law must fall, he did not grant a request from its opponents to have his ruling take effect imme- diately. That means that all the law’s provisions remain in effect. The federal Health and Human Ser- vices Department put out a statement making clear that it “will continue admin- istering and enforcing all aspects of the ACA as it had before the court issued its decision.” How would the aver- age person’s health care be affected if the ruling is upheld? The impact would go well beyond the more than 20 million people who are directly covered through Obamacare. More than 170 million Americans are covered by employers, and they could lose no-cost preven- tive care, from screening tests like colonoscopies to birth control for women. Employers would no lon- ger be required to keep the young adult children of their workers covered up to AP Photo/Patrick Sison, File This Oct. 23, 2018, file photo, shows HealthCare.gov website on a computer screen in New York. age 26. Gone would be lim- its on annual out-of-pocket expenses, which provide greater financial protection for people with job-based coverage. Another kind of limit — lifetime caps on what insurance will pay for medical bills — could stage a comeback. Medicare would be affected because the ACA expanded no-cost cov- erage of preventive ser- vices and reduced the bills of seniors with high pre- scription drug costs. Pro- gram finances would also take a hit. Medicaid, the federal-state program for low-income people, was expanded under the ACA. So about 12 million people who gained coverage could be left uninsured. Efforts to counter the opioid epi- demic would be dealt a severe blow since Medic- aid has become a mainstay for treatment. HealthCare.gov and state insurance markets offering subsidized pri- vate insurance would dis- appear, potentially leaving 10 million people or more uninsured. And the list would go on. The health law made hundreds of changes. What was the judge’s reasoning in striking down the entire health care law? A key part of the Afford- able Care Act that Obama signed into law in 2010 was the provision requiring people to have health insur- ance or pay a penalty if they refused. The Supreme Court upheld this individ- ual mandate in 2012. Con- gress reduced that penalty to zero as part of the tax legislation it passed, and President Donald Trump signed, in 2017. That means that beginning in January, there no longer will be a penalty for not purchasing health insurance. O’Connor agreed with Texas and other Repub- lican-led states that chal- lenged the law that the elimination of the pen- alty rendered the require- ment to have health insur- ance unconstitutional. In a crucial step in his logic, O’Connor then held that because the individual mandate is so important to the overall law, the whole thing can no longer stand. The legal explanation is that O’Connor found that the mandate could not be severed from the rest of the law, meaning he struck it down in its entirety. How likely is it that higher courts will agree with O’Connor’s ruling? Even some opponents of the health care law, includ- ing The Wall Street Jour- nal editorial page, have said O’Connor went too far and predicted he would be reversed in the appeals pro- cess. Congress did indeed render the individual man- date unenforceable when it reduced the penalty for not complying to zero. But that very same Congress left the rest of the law intact. What’s more, Republican efforts to repeal the ACA failed in the same Con- gress. In addition, even if the federal appeals court that oversees Texas were to agree with O’Connor, it seems improbable at best that Chief Justice John Roberts, who twice wrote opinions upholding the law — in 2012 and 2015, would now strike it down. Who will appeal the ruling, and how long might the process take? California Attorney General Xavier Becerra, the leader of a coalition of states defending the law in court, already has promised T UESBAY A FTERNOON & E VENING ABC NBC CBS FOX 12 PM 12:30 1 PM (11) KFFX KPTV (19) KEPR KOIN (25) KNDU KGW (42) KVEW KATU PBS (31) KTNW (59) OPB Paid Divorce Steve! CABLE 2 PM B ECEMBER 18, 2018 2:30 3 PM 3:30 4 PM 4:30 Judge Mathis (N) The People's Court Truth Truth People's Court Let's Make a Deal Dr. Phil Paid Mom Program Wendy Williams Judy Judy Funn- Bold & The Talk (N) Judge Judge 2 yAsk B. Judy Judy The Talk (N) The 700 Club Dr. Phil News (N) 19 Local 6 B & B TMZ Paid Days of Our Lives The Wendy Daily Daily Ellen DeGeneres 6 Program Williams Show Mail TV Mail TV Ryan Reynolds Paid Days of Our Lives The Dr. Oz Show Ellen DeGeneres KGW News (N) 8 News GMA Day (N) General Hospital The Doctors The Rachael Ray The Dr. Oz Show 4 Show General Hospital Afternoon Live Million? Million? 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If the 5th Circuit agrees with O’Connor, high court review becomes very likely because the justices almost always weigh in when a federal law has been struck down. But even then, the Supreme Court wouldn’t hear the case before the fall of 2019 at the earliest, with a decision unlikely before the spring of 2020 — amid the presidential and con- gressional campaigns. How will Congress respond? Democrats in the House say they plan to inter- vene in the defense of the law, joining Democrat-led states. In addition, expect hearings in the House to focus on Trump adminis- tration efforts that Demo- crats, who take charge of the House in January, say are intended to undermine the health care law. These include encouraging the use of low-cost short-term policies with limited cov- erage and cuts to govern- ment attempts to sign up beneficiaries. Rep. Frank Pallone, the incoming chairman of the House Energy and Com- merce Committee, said Democrats are readying bills to curb the use of the short-term plans and bolster the Obama law’s coverage of people with pre-existing conditions. The bill could also make federal subsidies for lower-earning benefi- ciaries more generous and shore up insurers for cover- ing seriously ill customers with extremely high costs of care, he said. 2:30 3 PM 3:30 4 PM 4:30 7 PM 7:30 Last Last Man St. Man St. News (N) News News (N) (N) News News News News (N) News News News News (N) (N) News News Arthur Business (N) WildK "A Creature Christmas" 7 PM 7:30 6 PM 6:30 Modern Modern Family Family News (N) News Inside (N) Edition News News News Family (N) Feud KGW News (N) News News (N) (N) News (N) PBS NewsHour (N) 7 PM 7:30 8 PM 8:30 2 Broke Lethal "A Whole Girls Lotto Trouble" Winter Lethal Weapon TheSi- NCIS "The mpsons Numerical Limit" ET (N) NCIS Jeop- The Voice (N) ardy! (N) InsEd. 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