The DOJ’s attack on the Affordable Care Act is an affront to the rule of law
Ask any Colorado family what concerns them most — especially during a global pandemic — and high on that list is health care, and how to pay for it. In fact, according to Gallup, 50% of Americans fear that a major health event will propel them towards bankruptcy. As we continue to endure this historic pandemic and the associated economic fallout, it is more important than ever that we protect access to affordable health care.
Survey after survey shows that the American people support the protections of the Affordable
Care Act ( ACA). Two components of the ACA stand out: the Medicaid expansion, which brought health care to over 400,000 Coloradans; and protections for the more than 700,000 Coloradans who have pre- existing health conditions such as cancer, heart disease, diabetes, and now COVID- 19. In the midst of this pandemic, the ACA is more valuable — and more important — than ever.
In a surreal and painful reality, the U. S. Department of Justice is now before the Supreme Court pushing the justices to end the ACA in its entirety. The DOJ’s basis for such a suit is an affront to the rule of law; even more alarming is that the practical consequences of this suit will remove health care and key protections from those who need it most, lead rural hospitals to close, and upend our health care system.
As a former DOJ official, I can only shake my head in dismay at how that agency is turning its back on its duty to defend the law. It is attacking the ACA on a highly questionable theory. But it saddens me, even more, to see the federal government working to undermine health care protections for millions of Americans during a pandemic. My first act as attorney general was to join with the states defending this important lawb and I will continue to do so vigorously.
Keeping health care affordable also includes access to life- saving medication. To that end, my office just issued a legislative ly mandated report examining what drives skyrocketing insulin prices. Over the last decade, insulin prices rose over 250%, leading many Coloradans to consider whether to ration their use of this critical medication so they can afford groceries or rent. Rationing insulin can put people at deadly risk. No person should be faced with such a horrific decision. The report points out serious concerns with industry practices and recommends options for the federal and Colorado state government to take on this critical affordability challenge.
The rising costs of prescription drugs reflect not only a problem for those dependent on insulin but other medications as well. A crucial failing in our health care system is how pharmaceutical companies scheme to keep generic drugs out of the market, often through so- called “pay- for- delay” tactics. Here’s how it works:
When a company is approaching a patent expiration date, it will pay other drug makers to delay bringing generic equivalents to the market so that they can continue to charge higher prices. To address this issue, we recently filed a brief in a case asking a federal court to end a pay- for- delay plan devised by AbbVie, the maker of Humira — a drug used to treat rheumatoid arthritis, plaque psoriasis, and Crohn’s Disease. AbbVie struck this deal with other manufacturers to prevent American consumers from getting access to cheaper generic versions while allowing those manufacturers to distribute cheaper versions in the Europe. That’s just wrong.
Furthermore, there is substantial evidence that even where generic drug companies have entered a market, they have engaged in illegal collusion amongst themselves. This collusion — including fixing prices and dividing market share — violates antitrust laws. As such, our office is joining with other state attorneys general to hold these companies accountable and bring relief to consumers who use more than
100 different generic drugs to treat a range of conditions from basic infections to chronic diseases.
Too many Colorado families worry about how they will afford the cost of a family member getting sick or injured. We must do better. Protecting the Affordable Care Act is the minimum we must do for those families. And we must build on this foundation until health care is affordable for all– starting with affordable prescription drugs. At the attorney general’s office, we will continue to do our part to meet this challenge and to stand up for Coloradans’ health care.