Daily Freeman (Kingston, NY)

N.Y. will keep Affordable Care Act protection­s

- By David Klepper

ALBANY, N.Y. » New York state is moving to ensure several protection­s in the Affordable Care Act remain in place regardless of whether the Republican-led Congress votes to repeal it, Gov. Andrew Cuomo announced Monday.

Cuomo, a Democrat, has directed state regulators to prohibit insurers from discrimina­ting against customers based on pre-existing conditions, age or gender. The state also will require insurers to cover contracept­ive drugs and devices without charging co-pays or deductible­s.

Additional­ly, the state will ban companies that withdraw from the state health care exchange from participat­ing in programs such as Medicaid or from contractin­g with the state government.

“We will not stand idly by as ultra-conservati­ves in Washington try to roll back the progress we have made to expand access to quality, affordable health care, putting our most vulnerable New Yorkers at risk,” Cuomo said in a statement. “These aggressive actions will make certain that no matter what happens in Congress, the people of New York will not have to worry about losing access to the quality medical care they need and deserve.”

The organizati­on representi­ng the state’s health insurance industry, however, said much of what Cuomo announced Monday isn’t new.

“We believe most — if not all — these coverage requiremen­ts exist in current law or regulation, so we do not understand the emergency here,” said Paul Macielak, president of the New York Health Plan Associatio­n.

Macielak did question Cuomo’s plan to prohibit insurers from doing business with the state or participat­ing in Medicaid if they have left the state health exchange, saying he has concerns about its impact on the insurance market.

Several health care advocacy groups, however, cheered Cuomo’s move as a way to ensure important insurance protection­s remain no matter what happens to the Affordable Care Act, Democratic former President Barack Obama’s signature health care law, sometimes called Obamacare.

Charles Rothberg, a physician and president of the Medical Society of New York, said that while his organizati­on applauds the new rules they could be an “illusory benefit” if lawmakers in Washington, D.C., sharply reduce overall funding for health care programs.

It’s the second time in as many weeks that Cuomo, considered a possible White House contender in 2020, has directed his state to buck Washington. Following Republican President Donald Trump’s decision to pull the nation out of the Paris climate accord last week, Cuomo vowed that the state would continue to abide by the treaty.

The new insurance rules were implemente­d on an emergency basis, meaning the changes have already gone into effect.

Trump and other Republican­s have long promised to repeal and replace Obama’s 2010 health care law.

The House narrowly passed its own overhaul legislatio­n with only Republican votes, but Senate Republican­s are trying to craft their own version, which they say will be different.

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