The Day

‘Obamacare’ changes unlikely despite pending decision

- By PAIGE WINFIELD CUNNINGHAM and YASMEEN ABUTALEB

The Trump administra­tion, with no viable plan for replacing critical health benefits for millions of Americans, plans to seek a stay if a federal appeals court invalidate­s all or part of the Affordable Care Act in the coming weeks — and may try to delay a potential Supreme Court hearing on the matter until after the 2020 presidenti­al election, according to current and former administra­tion officials.

Senior administra­tion officials say they have some ideas for replacing parts of the 2010 health-care law, “principles” crafted in part by Centers for Medicare and Medicaid administra­tor Seema Verma. However, replacing key benefits — such as guaranteed coverage for people with pre-existing conditions — would require the cooperatio­n of Democratic congressio­nal leaders, who have vowed to defend the law and have no interest in a piecemeal replacemen­t plan likely to fall far short of preserving health coverage for about 20 million Americans.

The administra­tion’s plan to seek a stay of any court ruling that undermines the law reflects the political disadvanta­ges of its decision to side with GOP-led states seeking to topple the ACA, also known as “Obamacare.” Even as the Justice Department urges the courts to invalidate the entire ACA, administra­tion officials are promising voters that there will be no immediate impact on their coverage.

“There will be a stay — it’s not like the decision is going to come down and the world is going to change,” said a senior administra­tion official, who like others spoke on the condition of anonymity to discuss White House strategy.

The administra­tion also hopes to slow the case’s progress to the Supreme Court, to avoid having its efforts to invalidate the law spotlighte­d during President Donald Trump’s re-election bid, two former administra­tion officials said.

Trump’s Justice Department, which declined to comment on the case, is siding with 18 Republican state attorneys general in arguing that the entirety of the Affordable Care Act is unconstitu­tional. A trial court judge in Texas ruled last year that the entire law is invalid, and a three-judge panel of the U.S. Court of Appeals for the 5th Circuit is expected to issue an opinion on the case any day.

If the panel upholds the ACA, the administra­tion could ask the lower court that struck down the law to reconsider the case or it could request a full 5th Circuit hearing — instead of immediatel­y appealing to the Supreme Court.

The appeals court could uphold the entire law, or strike it down. Or, the judges could take a middle path, striking only its mandate to buy health coverage, or both the law’s mandate and its requiremen­ts for insurers to cover people with pre-existing conditions without charging them more.

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