ACA Lawsuit Petition

Call on Attorney General Morrisey to Remove West Virginia from the Lawsuit that Could Destroy the Affordable Care Act and Leave Hundreds of Thousands of West Virginians Uninsured.

  1. The Affordable Care Act (ACA) has brought critical health care and economic gains to West Virginia. Since its implementation, over 200,000 West Virginians gained health coverage, and the state receives over $1 billion each year for health care through the Medicaid Expansion and the health plan premium tax credit subsidies in our state insurance marketplace.
  2. A lawsuit, now called California v Texas, threatens to wipe-out the ACA’s benefits to West Virginia. Over 160,000 West Virginians would lose their health coverage if the lawsuit is successful. If the ACA disappeared, an estimated 16,000 jobs would be lost in West Virginia.
  3. West Virginia’s Attorney General, Patrick Morrisey, acting on behalf of our state, is one of the plaintiffs on this case to wipe-out the Affordable Care Act.
  4. If the plaintiffs prevail and the ACA is invalidated, West Virginia will lose billions of federal health care dollars when the Medicaid Expansion and the health plan premium tax credit subsidies are wiped out.  The federal dollars allow West Virginians get needed life-saving health care.  The dollars also are essential to our rural health providers and to keep our hospitals afloat.
  5. If the plaintiffs prevail, insurance companies will be able to discriminate against anyone with a pre-existing condition, place arbitrary limits on annual and lifetime insurance benefit pay-outs, and offer plans with higher out-of-pocket costs yet with more holes than coverage - without disclosure to consumers. 
  6. West Virginia has the highest percentage (37%) in the country of non-elderly adults with pre-existing conditions, who stand to lose their pre-existing protections if the ACA is wiped out.
  7. California v Texas would not only end the ACA’s pro-consumer protections; Medicare improvements enacted in the ACA, like closing the Medicare prescription drug donut hole, would be wiped out.
  8. The Medicaid Expansion is our state’s best tool to fight the addiction epidemic. Over 50,000 West Virginians receive substance use treatment each year under Medicaid.  We cannot win the battle against addiction if the plaintiffs in California v Texas prevail and the Medicaid Expansion is wiped out.
  9. There is no way to protect West Virginians with pre-existing conditions, those suffering from substance use disorders, and those who rely on Medicaid if the Affordable Care Act is wiped out. States like West Virginia lack the jurisdiction to enact legislation that would address the full scope of harm to our families.  West Virginia proposed state legislation purporting to address pre-existing conditions is woefully inadequate.  And West Virginia cannot replace more than a billion federal health care dollars.
  10. California v Texas will be heard before the Supreme Court of the United States on November 10 and a decision will be issued in early spring 2021.
  11. Legal experts – including experts opposed to the ACA and who supported other legal challenges to the law – agree that the arguments in this case are “absurd” or “ludicrous.”  While the Supreme Court upheld the constitutionality of the ACA in 2012, the current case asserts that the entire law should be struck down based on a technical reading of the Constitution’s Commerce Clause and because Congress – both Republicans and Democrats - eliminated all penalties for the law’s requirement that everyone have medical coverage if they can afford it.
  12. While Republican Attorney Generals, including Patrick Morrisey, have signed on as plaintiffs to this case to wipe out the ACA based on a flimsy argument, the inappropriate political influence seen today in the Supreme Court of the United States puts West Virginia at serious risk of harm from the outcome of California v Texas.

We call on Attorney General Morrisey to withdraw West Virginia from the lawsuit, as West Virginia has too much to lose if the ACA falls. The impacts would be devastating to our economy, our hospitals, and our residents.  We ask that the State Legislature join our call on behalf of West Virginia families.


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