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AG Hill defends ACA lawsuit despite demands for withdrawal

July 30, 2018

Despite demands for Indiana to be withdrawn from a federal lawsuit against the Affordable Care Act, Attorney General Curtis Hill said he will continue to lead Indiana’s opposition to the “unconstitutional” law.  

A coalition of eight health care groups from across the state delivered letters and a signed petition to Indiana Attorney General Curtis Hill’s office on Friday, urging him to withdraw from the 20-state lawsuit filed earlier this year.

The federal lawsuit, Texas v. HHS, takes specific aim at the ACA’s individual mandate, which was upheld in NFIB v. Sebelius, 567 U.S. 519 (2012) as a permissible tax. The tax has since been repealed, but the controversial individual mandate remains in place.

The Hoosiers who opposed Indiana’s involvement with the lawsuit said the litigation puts the almost 3 million Hoosiers with pre-existing conditions at risk. Under the ACA, insurance companies are unable to deny or drop coverage due to such conditions, including asthma, diabetes and cancer.

In response to opposition, Hill said “the foundation on which the Supreme Court built its justification for Obamacare’s constitutionality ceased to exist” when Congress repealed the individual mandate tax.

“I hope to see the emergence of sound policies that constitutionally safeguard the healthcare needs of all Americans, including those with pre-existing conditions,” Hill said in a Friday statement. “I support efforts to this end by Governor Holcomb and the General Assembly here in Indiana, and I support such efforts by Congress and the Trump administration on the national level.”

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