WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) today filed paperwork that will force a Senate vote to protect people with pre-existing conditions from another attempt by the Trump Administration to gut the Affordable Care Act. 

“Under the pretext of so-called ‘short-term’ plans, the Trump administration is pushing healthcare plans that once again allow insurance companies to discriminate against Americans based on their medical history. These skinny plans, or how I refer to them as ‘junk plans,’ also undermine the Affordable Care Act’s requirements that insurance cover things like emergency room visits, maternity care, and other essential benefits,” said Sen. Warner on the Senate floor. “Let me be clear, the reason that this market has suddenly been flooded with these junk plans, many cases advertising in low-income markets that these are ACA, or Obamacare plans, is not because Congress passed any law. The President tried and failed twice to pass legislation ending these protections for folks with pre-existing conditions. And since they couldn’t get their way in Congress, now they’re using executive action to try to undermine the Affordable Care Act.”

Today, Sen. Warner filed a discharge petition on a Congressional Review Act (CRA) resolution that would roll back the 1332 waiver rule, another Trump Administration effort to sabotage Americans’ health care and undermine the critical pre-existing condition protections that 130 million Americans rely on. The rule gives states the green light to use taxpayer dollars to push junk health insurance plans that cost more and cover less. Under these plans, insurance companies can charge people more if they have a pre-existing condition, can deny specific benefits – or they can deny them coverage altogether.

“In Virginia alone – more than one million people live with a pre-existing condition. Before the Affordable Care Act, an insurance company had every right to deny these individuals coverage, charge them unaffordable premiums, or when they got that condition, terminate their plan. I think we all agree we cannot go back to those days. The Administration knows perfectly well that these ‘junk plans’ don’t offer real benefits. They’ve been warned repeatedly by hundreds of patient groups, physicians, hospitals, and insurers including the American Heart Association, AARP, The American Academy of Pediatrics, just to name few of the organizations who have come out against these plans,” Sen. Warner continued. “My Republican colleagues insist that they actually support protections for folks with pre-existing conditions. Ok, with this CRA I think there’s a chance to prove it. This resolution we are introducing today will force an up-or-down vote on these junk plans that explicitly undermine protections for pre-existing conditions. If my Republican colleagues truly support these protections, they should vote yes. It’s that simple.” 

Congressional Review Act resolutions exercise Congress’ authority to review and overturn rules implemented by the executive branch. Once a rule is finalized, the Congressional Review Act provides Congress 60 legislative days to vote on it. Unlike other legislation on the Senate floor, a Congressional Review Act resolution only needs a simple majority to pass and can be brought to the Senate floor for a vote with 30 signatures. As a result of the petition filed by Sen. Warner today, Senators must vote on overturning the rule by November 12.

 

Sen. Warner’s remarks as prepared for delivery can be found below:

Mr. President, I want to turn now to protections for people with pre-existing medical conditions, because these protections are under threat by this President.

Under the pretext of “short-term” plans, the Trump administration is pushing healthcare plans that once again allow insurance companies to discriminate against Americans based on their medical history.

These “junk plans” would also undermine the Affordable Care Act’s requirements that insurance cover things like emergency room visits, maternity care, and other essential benefits.

Let me be clear, this is not a law passed by Congress. The President tried and failed twice to pass legislation ending these protections.

Since they couldn’t get their way in Congress, now they’re using executive action to undermine the Affordable Care Act.

Mr. President, I’ve introduced a resolution under the Congressional Review Act, which would stop this deliberate effort to destabilize the health insurance market, and weaken protections that Americans count on.

And today I’m filing a discharge petition to that will bring this resolution to the Senate floor for an up-or-down vote.

The truth is, every member of this body knows someone with a pre-existing condition – if we don’t have one ourselves.

In Virginia alone – more than one million people live with a pre-existing condition. Before the Affordable Care Act, an insurance company had every right to deny those individuals coverage, charge them unaffordable premiums, or terminate their plan.

We cannot go back to those days.

The Administration knows perfectly well that these “junk plans” don’t offer real benefits.

They’ve been warned repeatedly by hundreds of patient groups, physicians, hospitals, and insurers — The American Heart Association, AARP, The American Academy of Pediatrics, the list goes on.

All of these stakeholders are telling us the same thing: the Trump Administration’s plan will weaken consumer protections and disproportionately hurt sick and older Americans.

My Republican colleagues insist that they actually support protections for folks with pre-existing conditions.

Ok, then. Here’s their chance to prove it.

This resolution we are introducing today will force an up-or-down vote on these junk plans that explicitly undermine protections for pre-existing conditions.

If my Republican colleagues truly support these protections, they should vote yes. It’s that simple.

Instead of undermining the stability of the healthcare market, let’s focus on targeted, bipartisan fixes that will bring down costs and expand access to affordable health care coverage.

Thank you, Mr. President.

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