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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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