Washington – Senator Dianne Feinstein (D-Calif.) joined Senators Joe Manchin (D-W.Va.), Jeanne Shaheen (D-N.H.), Tammy Baldwin (D-Wis.) and a group of their colleagues to send a letter to the Trump administration urging the president to direct the Department of Justice (DOJ) to protect health care coverage protections for people with pre-existing conditions. The administration’s proposed budget continues to fund DOJ’s efforts to repeal the Affordable Care Act, which protects access to affordable health care for millions of people with pre-existing conditions, while providing no mention of a replacement should the DOJ prevail in court.

The senators wrote, “We noted your announcement in the 2020 State of the Union that you would protect patients with pre-existing conditions, and we hoped that priority would be reflected in your Fiscal Year 2021 budget request. Unfortunately, your “Budget for America’s Future” does exactly the opposite… We are disappointed that the “Budget for America’s Future” continues to fund the DOJ’s legally unsound position in Texas v. United States. You could bring peace of mind to millions of Americans tomorrow by simply directing the DOJ to do its job and defend the law of the land instead of arguing against protections for people with pre-existing conditions and against access to affordable health care coverage.”

The letter is available here and below.

Dear Mr. President:

We noted your announcement in the 2020 State of the Union that you would protect patients with pre-existing conditions, and we hoped that priority would be reflected in your Fiscal Year 2021 budget request. Unfortunately, your “Budget for America’s Future” does exactly the opposite. It fully funds the Department of Justice’s ongoing efforts to repeal the Patient Protection and Affordable Care Act (ACA) in its entirety through the courts, and it provides no alternative, no replacement, no hope for the 133 million Americans with pre-existing conditions, including the 54 million Americans with pre-existing conditions who would be completely uninsurable without the basic protections provided by the ACA.

The health care laws on the books today include clear protections that prohibit insurance companies from discriminating against individuals with pre-existing conditions. Over the past six years, we have seen millions of Americans, many for the first time, gain affordable health care coverage through Medicaid expansion. This coverage expansion resulted in a major reduction in the uninsured rate, including for women and people of color, and it has also allowed Americans suffering from substance use disorders and mental illness to gain access to the treatment they need to recover. Sadly, instead of building on this progress and working together to continue to improve health care outcomes for all patients, we are having to fight our very own Department of Justice (DOJ) in court just to maintain the status quo.

We are disappointed that the “Budget for America’s Future” continues to fund the DOJ’s legally unsound position in Texas v. United States. You could bring peace of mind to millions of Americans tomorrow by simply directing the DOJ to do its job and defend the law of the land instead of arguing against protections for people with pre-existing conditions and against access to affordable health care coverage. If the health care law is repealed, nearly every American’s health care will be affected, and once again insurance companies will be allowed to put profits over patients, deciding who can and who cannot access affordable health insurance.

There is widespread recognition that simply repealing the law without a replacement would be devastating to American families and to our economy, yet the “Budget for America’s Future” makes no mention of the millions of people who would lose health care coverage should the DOJ succeed in court. Instead, it promotes the sale of short-term or “junk” health plans that threaten access to quality and affordable care for Americans with pre-existing conditions and for which insurers often refuse to cover people with pre-existing conditions altogether. Already, we have heard horror stories from families nationwide unknowingly purchasing these junk plans that do not cover their pre-existing conditions. Your proposed budget refuses to withdraw these harmful regulations, which make it easier for insurance companies to discriminate against people who desperately need prescription drugs, maternity care, and mental health or substance use disorder treatment.

Americans need us to work together to defend their access to quality, affordable health care. We have proven that we can improve our health care system and reduce costs when we put politics aside and people first. It is not too late to reverse course on Texas v. United States. It is not too late to work together to build on the successes of the ACA. We urge you to work with us on protecting and expanding access to affordable health care for all Americans. 

Sincerely,

Joe Manchin III

United States Senator

Jeanne Shaheen

United States Senator 

Tammy Baldwin

United States Senator

Doug Jones

United States Senator

Kyrsten Sinema

United States Senator

Charles E. Schumer

United States Senator

Sherrod Brown

United States Senator

Thomas R. Carper

United States Senator

Mazie K. Hirono

United States Senator

Patrick Leahy

United States Senator

Angus S. King Jr.

United States Senator

Debbie Stabenow

United States Senator

Edward J. Markey

United States Senator

Tom Udall

United States Senator

Jack Reed

United States Senator

Jon Tester

United States Senator

Tammy Duckworth

United States Senator

Richard J. Durbin

United States Senator

Sheldon Whitehouse

United States Senator

Mark R. Warner

United States Senator

Cory A. Booker

United States Senator

Richard Blumenthal

United States Senator

Margaret Wood Hassan

United States Senator

Amy Klobuchar

United States Senator

Chris Van Hollen

United States Senator

Kristen Gillibrand

United States Senator

Christopher S. Murphy

United States Senator

Tim Kaine

United States Senator

Martin Heinrich

United States Senator

Robert P. Casey Jr.

United States Senator

Robert Menendez

United States Senator

Tina Smith

United States Senator

Michael Bennet

United States Senator

Brian Schatz

United States Senator

Christopher A. Coons

United States Senator

Jacky Rosen

United States Senator

Dianne Feinstein

United States Senator

Bernard Sanders

United States Senator

Benjamin L. Cardin

United States Senator

Catherine Cortez Masto

United States Senator

Patty Murray

United States Senator

Elizabeth Warren

United States Senator

Ron Wyden

United States Senator

Jeffery A. Merkley

United States Senator

Gary C. Peters

United States Senator

Kamala D. Harris

United States Senator

Maria Cantwell

United States Senator

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