Kevin B. O'Reilly
News Editor
American Medical Association
@kboreillyFull Bio @BarbaraMcAnenyFull BioIn the days since a federal judge’s ruling striking down the Affordable Care Act (ACA) in its entirety, there has been a flood of punditry on the merits of the decision and its potential impact. While that makes fun reading for some, for others without law degrees it can be a bit overwhelming. So here are four key things that practicing physicians should understand and share with patients who ask.
Keep it in perspective. While the ruling, from the U.S. District Court for the Northern District of Texas, is unfortunate, it’s important to put it in context.
This Texas v. United States decision was based on the court’s finding that the 2017 Tax Cuts and Jobs Act—which zeroed out the tax penalties associated with the ACA’s individual mandate—renders the mandate unconstitutional. The judge further concluded that since the mandate was an essential part of the ACA, the entirety of the law is unconstitutional.
Barbara L. McAneny, MD
President
American Medical Association
@BarbaraMcAneny
This week, the AMA—along with the American College of Physicians, American Academy of Family Physicians, American Academy of Pediatrics, and the American Academy of Child and Adolescent Psychiatry—filed an amicus brief in response to the court case, Texas v. United States. With this action, the AMA opposes a lawsuit that would undermine the policies supported by our House of Delegates, including expanded health insurance coverage and other important patient protections.
Unfortunately the AMA represents only 30% of American physicians, yet it pretends to represent all American Physicians. It also portends to represent the best interest of patients. The reasoning is rather circuitous, bathed in moral and ethical obfuscation.
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Sounds dire. Does that mean the 20 million people who became insured since the ACA’s passage are now out of luck? Definitely not, because the court did not issue an injunction, so that means the law stands for now.
In addition, the Trump administration announced that it will keep administering the law until the U.S. Supreme Court weighs in on the matter. And that won’t happen until 2020 at the earliest, because other legal steps need to take place first.
Just as it was difficult to legislate the Affordable Care Act, so too will it take considerable time and effort to deconstruct it. Our balance of powers makes quick changes almost impossible except for Presidential orders. (Reassuring, isn't it ? )
Just as it was difficult to legislate the Affordable Care Act, so too will it take considerable time and effort to deconstruct it. Our balance of powers makes quick changes almost impossible except for Presidential orders. (Reassuring, isn't it ? )
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