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                STATEMENT OF CANCER
                    LEADERSHIP COUNCIL   
              REGARDING FIFTH CIRCUIT
                    DECISION IN 
              CHALLENGE TO AFFORDABLE
                    CARE ACT  
               
             
                December 20, 2019. – On Wednesday, December 18, 2019,
                the Fifth Circuit Court of Appeals issued its opinion in
                the case of Texas v. United States, a case challenging
                the Affordable Care Act (ACA).  The court, in a 2-1
                opinion, affirmed the decision of the District Court for
                the Northern District of Texas that found the ACA
                individual mandate unconstitutional.  The Fifth
                Circuit remanded the rest of the case to the district
                court for analysis with a “finer tooth comb” regarding
                whether other parts of the ACA can stand without the
                individual mandate. 
                 
                We do not anticipate that this ruling will result in any
                immediate changes for Americans who are currently
                relying on ACA programs or protections, a group that
                includes many people living with cancer.  Those who
                are enrolled in ACA plans for 2020, who are enrolled in
                Medicaid expansion, or who are protected by pre-existing
                condition provisions of the ACA should continue to enjoy
                these benefits as the case is remanded to the district
                court and judicial review continues. 
                 
                We are, however, deeply concerned about the uncertainty
                that is created by the pending litigation and that has
                already affected the implementation and administration
                of the ACA.  We will continue to express to
                lawmakers the need to affirm their support for the
                patient protections of the ACA, the subsidies that help
                many Americans purchase insurance, and access to
                Medicaid for many. 
                 
                In the last year, researchers have documented the
                benefits of the ACA in protecting cancer patients’
                access to care.  We do not want to see that
                progress reversed, as would happen if the ACA is not
                upheld.  We cannot accept a situation where many
                Americans will lose insurance and face delays in care,
                if they receive appropriate cancer care at all.  
                 
                Cancer Leadership Council 
                 
                American Society of Clinical Oncology 
                CancerCare 
                Cancer Support Community 
                Children’s Cancer Cause 
                Fight Colorectal Cancer 
                LUNGevity Foundation 
                National Coalition for Cancer Survivorship 
                Ovarian Cancer Research Alliance 
                Prevent Cancer Foundation 
                Sarcoma Foundation of America 
                
                  
                
                
                
                 
                
                    
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