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GOP senators introduce bill to preserve ObamaCare's pre-existing conditions protections

GOP senators introduce bill to preserve ObamaCare's pre-existing conditions protections

Ten GOP senators this week introduced legislation that they say would protect ObamaCare provisions for people with pre-existing conditions.

The bill, introduced on Thursday, comes as congressional Democrats try to tie Republicans to the Trump administration's decision not to defend some ObamaCare provisions in a federal lawsuit filed by red states.

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The legislation is an effort by the GOP to push back on the Democratic attacks, and it shows the concern among Republicans over the court case ahead of the midterms.

“There are strong opinions on both sides when it comes to how we should overhaul our nation’s broken health care system, but the one thing we can all agree on is that we should protect health care for Americans with pre-existing conditions and ensure they have access to good coverage,” said Sen. Thom TillisThomas (Thom) Roland TillisBipartisan Senate proposal would grant million to minority businesses Biden's gun control push poses danger for midterms The Hill's Morning Report - Biden assails 'epidemic' of gun violence amid SC, Texas shootings MORE (R-N.C.), a main sponsor on the measure. “This legislation is a common-sense solution that guarantees Americans with preexisting conditions will have health care coverage, regardless of how our judicial system rules on the future of Obamacare.”

The lawsuit filed by some Republican states argues that ObamaCare is now unconstitutional because Congress last year repealed the 2010 health-care law's penalty associated with not having insurance.

The Department of Justice responded, saying most of the law could stand, except for protections for those with pre-existing conditions that prevent insurers from charging them more or denying coverage.

Senate Republicans said their bill would amend federal law to guarantee the availability of health insurance to all Americans, including those with pre-existing conditions, regardless of the outcome in the federal lawsuit.

The legislation also would prevent insurers from increasing premiums due to pre-existing conditions. However, health experts note that the bill would allow insurers to exclude coverage of pre-existing conditions.

“With the uncertainty of the outcome in the upcoming Texas v. United States case, this legislation is needed now more than ever to give Alaskans, and all Americans, the certainty they need that protections for those with pre-existing conditions will remain intact," said Sen. Lisa MurkowskiLisa Ann MurkowskiModerates' 0B infrastructure bill is a tough sell with Democrats The Hill's Morning Report - Presented by Tax March - CDC in limbo on J&J vax verdict; Rep. Brady retiring Trump mocks Murkowski, Cheney election chances MORE (R-Alaska). "I’m proud to support a bill that will make sure no one loses coverage."

The other Republican co-sponsors are: Lamar AlexanderLamar AlexanderSenate GOP faces retirement brain drain The Hill's Morning Report - Presented by the National Shooting Sports Foundation - CDC news on gatherings a step toward normality Blunt's retirement deals blow to McConnell inner circle MORE (Tenn.), Chuck GrassleyChuck GrassleyGrassley: Iowa can't afford to be 'babysitting' unaccompanied minors Anti-Asian hate crimes bill overcomes first Senate hurdle On The Money: Senate confirms Gensler to lead SEC | Senate GOP to face off over earmarks next week | Top Republican on House tax panel to retire MORE (Iowa), Dean HellerDean Arthur HellerOn The Trail: Democrats plan to hammer Trump on Social Security, Medicare Lobbying World Democrats spend big to put Senate in play MORE (Nev.), Bill CassidyBill CassidyCalls grow for national paid family leave amid pandemic Senators urge Energy chief to prioritize cybersecurity amid growing threats Vivek Murthy confirmed as surgeon general MORE (La.), Joni ErnstJoni Kay ErnstGOP senator: Raising corporate taxes is a 'non-starter' Tim Scott to participate in GOP event in Iowa Exclusive: GOP senators seek FBI investigation into Biden Pentagon nominee MORE (Iowa), Lindsey GrahamLindsey Olin GrahamWall Street spent .9B on campaigns, lobbying in 2020 election: study Biden aide: Ability to collect daily intel in Afghanistan 'will diminish' Leaving Afghanistan: Is it victory or defeat? MORE (S.C.), John BarrassoJohn Anthony BarrassoSenate GOP to face off over earmarks next week Biden outreach on infrastructure met with Republican skepticism Sunday shows preview: Democrats eye passage of infrastructure bill; health experts warn of fourth coronavirus wave MORE (Wyo.) and Roger WickerRoger Frederick WickerMcCarthy and Biden haven't spoken since election Instagram sparks new concerns over 'kidfluencer' culture Democrats battle over best path for Puerto Rico MORE (Miss.).

Democrats have tried to tie the lawsuit to congressional Republicans ahead of the midterms as ObamaCare surges in popularity.

Vulnerable Democratic Sens. Heidi HeitkampMary (Heidi) Kathryn HeitkampBill Maher blasts removal of journalist at Teen Vogue Centrist Democrats pose major problem for progressives Harrison seen as front-runner to take over DNC at crucial moment MORE (N.D.) and Joe ManchinJoe ManchinModerates' 0B infrastructure bill is a tough sell with Democrats 'Just say no' just won't work for Senate Republicans The Hill's Morning Report - Presented by Tax March - CDC in limbo on J&J vax verdict; Rep. Brady retiring MORE (W.Va.) have highlighted the lawsuit in recent ads against their Republican challengers.

Senate Republicans on Thursday blocked an amendment from Manchin that would instruct the Senate legal counsel to intervene in the federal lawsuit and defend ObamaCare.

It would have been a hard vote for Republicans to take ahead of the midterms, as it would put them in the position of going up against the Trump administration's Department of Justice.

Court hearings for the lawsuit are slated for Sept. 5.