HAP's Latest News

U.S. Supreme Court Dismisses ACA Challenge

June 17, 2021

Today, the U.S. Supreme Court in a 7-2 decision dismissed a lawsuit challenging the Affordable Care Act (ACA), finding that states behind the case did not have legal ground to challenge the health care law.

National hospital groups, including the American Hospital Association, America’s Essential Hospitals, Association of American Medical Colleges, and Federation of American Hospitals had urged the Supreme Court to reverse the federal appeals court decision that held the Affordable Care Act's individual mandate unconstitutional.

HAP had joined more than 36 state hospital associations from across the country in submitting a joint “friend of the court” brief in support of upholding the law. HAP President and CEO, Andy Carter, released the following statement in response to the dismissal:

“For the third time since 2012, the Supreme Court has upheld the Affordable Care Act, which extended health care coverage and access to nearly 2 million Pennsylvanians. HAP joined dozens of other advocacy groups in urging the Supreme Court to ratify the ACA’s legitimacy and we’re grateful it chose to do so.

For ACA opponents contemplating further judicial interventions to roll back a vital source of health care for millions of Americans, I’d like to invoke a simple baseball analogy – three strikes, and you’re out.”

Action by the U.S. Supreme Court today closes out a protracted legal battle that has generated uncertainty for millions of Pennsylvanians who have benefited from access to coverage and consumer protections secured as a result of the ACA—coverage for patients with pre-existing conditions, no lifetime limits, a minimum essential benefits package.

Over more than a decade since the ACA was enacted, HAP has embraced a multi-faceted strategy to advocate for affordable, comprehensive coverage for as many Pennsylvanians as possible, and for protection of access to care for all Pennsylvanians, including:

  • Supporting state efforts to protect and promote coverage—HAP worked in partnership with the state in the creation of a state-based exchange, Pennie, to improve the accessibility and affordability of individual market health coverage for Pennsylvanians; and HAP has supported the Wolf Administration in placing a priority on enforcing consumer protections provided through the ACA, and nurturing a viable and stable insurance market
  • Promoting insurance enrollment—In an effort to coordinate and maximize open enrollment outreach efforts and reach more individuals, HAP has long partnered with the Pennsylvania Insurance Department to convene hospitals, community health centers, health care providers, navigators, consumer advocates, insurance companies, and state officials to implement education and outreach strategies that match individuals with appropriate health care coverage
  • Maintaining coverage gains achieved through the ACA—HAP continues to work with the Pennsylvania Congressional delegation and federal policymakers to maintain comprehensive health coverage, including expanded Medicaid coverage, and affordable coverage within the health insurance marketplace

HAP will continue to partner with federal and state officials, and health care stakeholders to promote access to meaningful coverage and high-quality care.

For more information, please contact Laura Stevens Kent, HAP’s senior vice president, strategic integration, or Jolene Calla, Esq., HAP’s vice president, health care finance and insurance.




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