The guaranteed issue provision requires insurers to cover individuals regardless of their health status. The community rating provision prohibits discriminatory pricing.
“Your refusal to defend them in court jeopardizes the coverages of millions of Pennsylvanians,” Shapiro told Sessions.
In his letter to Azar, Shapiro noted the HHS secretary’s remarks that the agency will continue to enforce both provisions. During a Senate Finance Committee hearing, Azar testified, “We are operating the 2019 program under existing authority, existing interpretations as of everything is remaining as it is.” Azar added that HHS is “doing everything to keep stability in the program.”
Currently, around 5.4 million Pennsylvanians with pre-existing conditions have health insurance. More than a million Pennsylvania residents receive insurance through the ACA marketplace and Medicaid. The uninsured rate in the state has declined to its lowest level ever, at 5.6 percent.
Shapiro emphasized, “Pennsylvanians need assurance now that the vital protections guaranteed under the ACA will not be taken from them.”
