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KY AG joins appeal of Texas health care ruling

By Terry Sebastian/Crystal Staley

Frankfort, KY - Attorney General Andy Beshear has joined with a group of attorneys general on Thursday to appeal a federal judge's Dec. 14 ruling that threatens the health care coverage for over 1.3 million Kentuckians.

Beshear said his action is to prevent key health benefits from being stripped away from Kentuckians with pre-existing conditions, protect seniors' prescription drug discounts and prohibit companies from charging women and seniors more for their coverage.

The filing moves the defense of the ACA from the U.S. District Court for the Northern District of Texas to the Fifth Circuit Court of Appeals, allowing the attorneys general to appeal the federal judge's earlier ruling that the ACA is unconstitutional.


"It is not constitutional or right to deny affordable health care to more than 1.3 million Kentuckians who need to see a doctor or get a prescription," Beshear said. "I am fighting to protect our Kentucky seniors, mothers, children and families from those who want to unfairly deny them coverage and make them pay more."

Upon the request by Beshear and the group of AGs, the Texas judge on Dec. 30 granted a request to certify his earlier judgement to allow an appeal, and stayed his judgment pending today's appeal.

Beshear and the group of attorneys general have been battling the federal case - Texas, et al. v. United States, et al. - over the last year to protect health care nationwide. The court granted the group's April 9 motion to intervene on May 16.

Beshear said that as part of the coalition, he would continue to lead Kentucky's efforts to defend the law and the protections it provides hundreds of thousands of Kentuckians.

Beshear said the 10 key harms to Kentuckians if the ruling is not overturned include - no mandatory coverage for pre-existing conditions; elimination of Expanded Medicaid; children under the age of 26 would not be able to remain on their parents' insurance plans; seniors would have to pay more for prescription drugs; women would once again be charged more than men; guaranteed pregnancy coverage would be eliminated; Substance Use Disorder Treatment would no longer be a required benefit; rural hospitals would suffer; children would lose access to no-cost immunizations and well-child visits; and older Kentuckians would be charged vastly more than younger ones.

Beshear joins attorneys general in California, Connecticut, Delaware, Hawaii, Illinois, Massachusetts, Minnesota, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Washington and the District of Columbia.

The parties seeking to dismantle the ACA include attorneys general in Alabama, Arkansas, Arizona, Florida, Georgia, Indiana, Kansas, Louisiana, Missouri, Nebraska, North Dakota, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, Wisconsin and governors of Maine and Mississippi.


This story was posted on 2019-01-06 08:26:15
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