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The home for VPR's coverage of health and health industry issues affecting the state of Vermont.

ACA Constitutionality Lawsuit Explained: How It Could (Or Won't) Impact Vermonters

A yellow toy ambulance sits on a white surface.
Zhen Hu
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The U.S. Court of Appeals for the Fifth Circuit heard oral arguments this week after a lower court determined the Affordable Care Act is unconstitutional. It's not yet clear what the higher court will decide.

The Affordable Care Act â€� a.k.a. Obamacare â€� is as a lawsuit moves through the Fifth U.S. Circuit Court of Appeals, which will decide whether a lower court’s ruling,  should be upheld. This begs the question: what does this mean for Vermonters?

What Could Change

Secretary of the Vermont Agency of Human Services, Al Gobeille, outlined what's at stake if the ACA is indeed determined as unconstitutional. This includes:

  • The state's health exchange,
  • 81.6 percent of the state's health exchange customers who receive federal tax subsidies for health insurance premiums
  • The hundreds of millions of dollars directed through the ACA for the above-mentioned federal subsidies, Medicaid expansion, and the Public Health Fund

"The ACA's impact on Vermont, just as on the nation, is significant and far reaching: from increasing access to health care insurance to ensuring that breastfeeding women are provided adequate break time for nursing and pumping," wrote Vermont's Director of Health Care Reform, Ena Backus, in a statement. "The loss of these funds and subsidies would dramatically impact the ability of Vermonters to access affordable health care coverage. The ACA has also expanded programs that improve access to home and community-based services and has created more robust consumer protections."

What Will Stay

Regardless of whether the ACA remains federal law, Vermont lawmakers recently enshrined several of its provisions during the 2019 legislative session.

, aligns state law with federal standards. Among its provisions:

  • Children up to the age of 26 can be covered by their parents' insurance
  • People with pre-existing conditions cannot be excluded by insurers

The law also establishes the individual mandate on a state level,

Vermont's Stance

in the ACA unconstitutionality lawsuit.

The case was originally filed in U.S. District Court for the Northern District of Texas, , and is inseverable from the rest of the law, making the entire ACA unconstitutional. 

U.S. House of Representatives filed a motion to intervene, which was granted by the Fifth Circuit Court. Oral arguments were held there on Tuesday.

Elodie is a reporter and producer for ¿ªÔÆÌåÓý. She previously worked as a multimedia journalist at the Concord Monitor, the St. Albans Messenger and the Monadnock Ledger-Transcript. Email Elodie.

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