TFAH Statement on 5th Circuit Ruling on ACA

December 19, 2019

Yesterday, the U.S. Court of Appeals for the Fifth Circuit ruled the Affordable Care Act’s individual mandate is unconstitutional and directed the lower court judge, who has already ruled against the entire law, to determine how the latest ruling impacts the rest of the law.

Trust for America’s Health’s CEO John Auerbach issued the following statement:

“While millions of Americans wait in limbo as Texas v. U.S. continues through the courts, it’s important to remember how much is at stake. Millions of Americans could lose health coverage.  Health insurance is a critical determinant of health. It is impossible for the nation to tackle our leading health crises – from the opioid crisis to infectious disease outbreaks – without access to high quality health care for everyone.

There are also major implications for public health. If the entire law is overturned, it would gut the nation’s investment in public health by eliminating over $15 billion over the next 10 years (FY2021-FY2030) for the Centers for Disease Control and Prevention (CDC) and other public health agencies. The Prevention and Public Health Fund, a dedicated funding stream specifically designated for public health and prevention, funds programs in every state to expand immunizations, prevent suicide, modernize laboratory and epidemiology services to detect and contain disease outbreaks, prevent childhood lead poisoning, and prevent diabetes and other chronic conditions.

The decision also threatens the requirement that insurers cover recommended clinical preventive services without cost-sharing. These provisions have meant that an estimated additional 71 million Americans now have access to vaccines, tobacco cessation services, blood pressure and diabetes screenings and other life-saving services previously inaccessible to them.

Overturning the law would have a profound effect on the health of every American, regardless of where they live.  Every state has benefited from investments in public health and prevention.  Millions of Americans have gained access to health coverage and access to preventive services.”