fah hospital policy blog

Perspectives on health policy affecting America’s hospitals and the patients we serve.

FAH Files Joint Amicus Brief in Support of the ACA

April 02, 2019 | FAH Policy Blog Team

Category: Affordable Care Act

Today, FAH joined other hospital associations in filing an amicus brief in support of upholding the Affordable Care Act (ACA) in State of Texas v. USA. The lawsuit, filed by Republican Attorneys General (AGs), led by Texas, argues that Congressional action zeroing out the ACA's individual mandate penalty makes mandate unconstitutional and the entire ACA invalid. Last December, a Texas district court judge ruled in favor of the Republican AGs, striking down the entire ACA.

Democratic Attorneys General, led by California, as well as the U.S. House of Representatives, have intervened in the lawsuit to defend the ACA, and have they appealed the case to the 5th Circuit. The administration recently told the Appeals Court that the district court decision should be affirmed, and the entire ACA should be ruled invalid.

Today's amicus brief asks the Appeals Court to reverse the district court's order declaring the individual mandate unconstitutional and declaring the rest of the ACA inseverable from the mandate. It argues that striking down the ACA will harm patients that depend on the ACA, the hospitals that serve them, and the ongoing progress in health care innovation.

You can read the amicus brief here.