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The millions of Americans who get their health coverage through the Affordable Care Act (ACA) and benefit from the other protections the law created will not immediately be impacted by Wednesday's court ruling that declared the ACA's individual mandate unconstitutional.
For now, consumers who get their insurance through the ACA marketplaces — including those who signed up during the recently completed open enrollment period — will retain their insurance. And Americans who benefit from other aspects of the law, such as a protection for preexisting conditions, will continue to receive these benefits.
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In a 2-1 decision, the 5th Circuit Court of Appeals struck down the requirement that every adult must buy health care coverage or pay a penalty. It sent the rest of the lawsuit back to the lower district court to go through each provision of the ACA to determine whether it can remain in force. Wednesday's split decision on the law delays a final ruling on whether the landmark health law is constitutional overall.
"While today's ruling is disappointing, the important takeaway is that the 5th Circuit's action today doesn't immediately harm anyone's health care benefits,” says Nancy LeaMond, AARP executive vice president and chief advocacy and engagement officer. “The court's decision does, however, leave Americans’ future health benefits in limbo by not resolving this challenge."
The challenge to the ACA was bought by the state of Texas, 19 other states and two individuals. AARP was among the 17 states and advocacy organizations that filed briefs with the court supporting the ACA, arguing that the law is constitutional. The circuit court ruled that because Congress zeroed out the tax penalty for Americans who do not have health insurance, the mandate is unconstitutional. The states defending the ACA said they will appeal the ruling to the U.S. Supreme Court.
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