Statement of ACAP CEO Margaret A. Murray on Petition for En Banc Review in ACAP v. Treasury

FOR IMMEDIATE RELEASE: August 31, 2020
FOR MORE INFORMATION: Jeff Van Ness, (202) 204-7515, jvanness@communityplans.net


STATEMENT OF ACAP CEO MARGARET A. MURRAY ON PETITION FOR EN BANC REVIEW IN ACAP v. TREASURY

WASHINGTON— Margaret A. Murray, Chief Executive Officer of the Association for Community Affiliated Plans, made the following statement on ACAP v. Treasury, lawsuit challenging the validity of regulations governing short-term, limited duration insurance (STLDI) currently before the U.S. Court of Appeals for the D.C. Circuit.

ACAP and six co-plaintiffs today filed a petition for en banc review before the full D.C. Circuit.

“The argument for putting junk insurance on the same plane as comprehensive coverage has rested on distending the plain-English definitions of words so far beyond their original meanings as to render them meaningless. Under the Administration’s rule, the word “short” no longer means short, “limited” no longer means limited, and “insurance” doesn’t mean insurance.

“Any choice made between a substantive insurance plan with real health protection and a pale echo that is insurance in name only—hardly meets the definition of a ‘choice.’

“And to be clear, this is not competition, either—junk insurance plans are permitted to sidestep the basic protections afforded to consumers in nearly every other segment of the insurance market, and cherry-pick the most favorable portions of the individual insurance market.  These plans disregard the basic health care protections of the Affordable Care Act – most notably, those which protect against discrimination on the basis of pre-existing medical conditions.

“In so doing, these plans erode crucial consumer protections and will lead to worse outcomes for all Americans, whether they sign up for junk insurance or not. We urge the full D.C. Circuit to reconsider the threats the STLDI rule poses to consumers.”

About ACAP:

ACAP represents 77 health plans, which collectively provide health coverage to more than 20 million people. Safety Net Health Plans serve their members through Medicaid, Medicare, the Children’s Health Insurance Program (CHIP), the Marketplace and other publicly-sponsored health programs. For more information, visit www.communityplans.net.

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