Deb Wisniewski

U.S. Supreme Court Upholds Patient Assistance and Affordable Care Act

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By: Deb Wisniewski
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As many of you have probably heard, the United States Supreme Court upheld the Patient Assistance and Affordable Care Act as constitutional. This means that all of the current provisions will remain in effect. These include:

  • Allowing children to remain on their parents health insurance plan until they are 26;
  • Federal HIRSP;
  • The reduction of the Medicare Part D donut hole;
  • No pre-existing condition discrimination for children;
  • No lifetime limits on coverage;
  • Rebates from health insurance plans that do not spend enough on health care;
  • No termination of health insurance because a person becomes sick.

In addition, beginning January 1, 2014:

  • People will be able to purchase individual health insurance through a health insurance exchange;
  • Households with incomes below 400% of the Federal Poverty Level will be eligible for subsidies to purchase their individual health insurance;
  • Most people will be required to have health insurance or pay a penalty on their tax return.

The Supreme Court did modify the Medicaid Expansion provision in the law. Under the law as written, all persons with incomes below 133% of the FPL would be eligible for Medicaid beginning January 1, 2014 regardless of whether they had children in the home or were disabled. Under the law as written, states that refused to accept this expansion would have had all of their Federal Medicaid matching funds taken away. Under the Supreme Courts modification, a state that refuses to accept the expansion would not have its Federal Medicaid matching funds taken away for existing Medicaid programs.

Finally, before 2014, Wisconsin will need to decide whether the state will run the health insurance exchange or whether it wants the Federal Government to run Wisconsins health insurance exchange. In addition, Wisconsin will need to decide whether it will accept the Medicaid expansion. We will keep you updated as Wisconsin makes its decisions in these areas.

Here's the statement from the Survival Coalitionabout the ACA.

Thanks to Jason atDisability Rights Wisconsinfor providing this update and summary.

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