AHA: Proposed Senate bill neglects patients with pre-existing conditions

Just weeks after Senate bill 3388 was introduced to Congress, major U.S. health organizations like the American Heart Association are warning that despite legislative efforts to ensure equal access to healthcare, the bill wouldn’t adequately protect patients with pre-existing conditions.

S. 3388, formally known as the Ensuring Coverage for Patients with Pre-Existing Conditions Act, was introduced August 23 of this year, according to a statement from the AHA. The legislation is backed by a score of Republican senators, including Nevada Senator Dean Heller and Louisiana representative Bill Cassidy, MD, a doctor himself.

“I’m a doctor who took care of patients in Louisiana’s charity hospital system for over 25 years, many of them directly affected by this issue,” Cassidy said in a statement on Heller’s website. “That’s why I’m so committed to protecting people with pre-existing conditions, and this bill keeps that promise.”

According to the site, the bill was introduced with the goal of providing equal healthcare to all Americans, regardless of their health status or any pre-existing conditions. It claims to prohibit discrimination, including against increased premiums for beneficiaries due to pre-existing conditions. But the AHA—joined by more than 25 organizations including the National Health Council, American Cancer Society and Chronic Disease Coalition—found some fault in the fine print.

“Our organizations are pleased that the sponsors of this legislation recognize the importance of protecting access to health insurance coverage for people with pre-existing conditions,” officials wrote in a combined statement published by the AHA and American Stroke Association this week. “Like the bill’s drafters, we acknowledge that the Texas v. U.S. lawsuit poses a real threat to the millions of patients and consumers with serious and chronic conditions represented by our organizations.”

If Texas v. U.S., which could overhaul the Affordable Care Act, is successful, the organizations said it could invalidate “vital protections in current law” for patients with pre-existing conditions. They said patients and their families rely on the ACA for continuous access to good-quality healthcare.

“We appreciate that this legislation would prohibit the denial of coverage and rating based on health status,” the statement read. “However, it would not ban pre-existing condition exclusions and would remove rating restrictions based on age, gender, tobacco use or occupation. This means that many individuals could still face higher premiums and out-of-pocket costs and, even if enrollees paid the increased premiums for many months, they could still be denied benefits because of a pre-existing condition.”

The AHA and its associated organizations said in the statement they’d continue working with Congress to ensure such legislation can actually deliver and protect people with pre-existing conditions—no matter the outcome of the lawsuit.

“In short, this bill would not replace critical protections in current law if the court rules unfavorably for patients and consumers in Texas v. U.S.,” they wrote. “This is not acceptable for the patients we represent.”

Oral arguments in Texas v. U.S. began this Wednesday, Sept. 5.

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After graduating from Indiana University-Bloomington with a bachelor’s in journalism, Anicka joined TriMed’s Chicago team in 2017 covering cardiology. Close to her heart is long-form journalism, Pilot G-2 pens, dark chocolate and her dog Harper Lee.

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