Individual, small group health insurance plans continue to provide essential health care benefits
FRANKFORT, Ky. (March 28, 2019) – Today, Attorney General Andy Beshear and 11 other attorneys general announced they won a federal lawsuit that will protect essential health care benefits for Kentuckians on individual and small group health insurance plans.
Beshear said the lawsuit sought to invalidate a change in the U.S. Department of Labor’s Association Health Plan Rule that would have allowed individual and small group health plans not to comply with the provisions of the Affordable Care Act (ACA).
“We are in multiple fights to save health care protections and today’s major first victory prevents thousands of Kentuckians from being charged more for their health insurance just because they have a pre-existing condition, or because of their age or gender,” said Beshear. “Now many more Kentucky families won’t have to worry about having their health care taken away.”
At stake in the case is the continuation of more than 10 key health care protections like newborn, maturity and pediatric services, oral and vision care, and substance abuse treatment.
Beshear said the ruling helps ensure Kentuckians facing addiction have the resources they need to seek drug treatment, which is critical in the ongoing fight against the opioid epidemic.
The ruling also allows employees in these health plans to be able to continue to qualify for health care tax incentives that keep health insurance premiums affordable.
“I have been fighting for affordable, accessible health care because Kentucky families deserve to have someone working to protect their health and well-being – and because no other state has realized a larger reduction in the rate of uninsured people than Kentucky,” said Beshear.
Following the district court’s rejection of the federal government rule Thursday, the case was remanded to the Department of Labor for changes. The defendants have 60 days from the date of the ruling to appeal.
Earlier this week Beshear took another step forward in the fight to protect health care by joining with a coalition of 20 other attorneys general in filing their brief in Texas v. U.S. in the U.S. Court of Appeals for the Fifth Circuit.
Beshear said he is proud to be leading Kentucky’s efforts to preserve access to affordable health care for more than 1.3 million Kentuckians and tens of millions of Americans.
In a third case, Kentucky, 17 other states and the District of Columbia sued to force the U.S. Department of Health and Human Services to continue federal payments to insurance companies that reduce monthly insurance premiums for many low- and middle-income families.
That case is currently on hold as insurance companies found an inventive way to collect the payments without charging most families more, but if the funding status changes the attorneys general are prepared to move the case forward.
Kentuckians can follow Beshear’s progress to preserve health care online at ag.ky.gov/healthcare.
Beshear is also taking on pharmaceutical companies in nine lawsuits against opioid manufacturers and distributors that he says fueled the state’s opioid epidemic. Each of the cases remain in Kentucky courtrooms, where the public can attend to see and hear first-hand how each company put profits above the people of Kentucky.
Last week, Beshear also launched an investigation into allegations that pharmaceutical companies overcharged Kentuckians for prescription drugs. Beshear is probing companies that provide and manage pharmacy benefits for more than 1.5 million Kentuckians through state programs.
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