PRINTER'S NO. 300
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No.
28
Session of
2021
INTRODUCED BY DeLUCA, SANCHEZ, CONKLIN, HILL-EVANS, GALLOWAY,
FREEMAN, SCHLOSSBERG, DRISCOLL, LONGIETTI, PASHINSKI, O'MARA,
CIRESI, SCHWEYER AND WARREN, JANUARY 28, 2021
REFERRED TO COMMITTEE ON INSURANCE, JANUARY 28, 2021
A RESOLUTION
Strongly urging the Congress of the United States to retain
certain consumer protections if the Patient Protection and
Affordable Care Act is ruled unconstitutional.
WHEREAS, In 2010, the Federal Patient Protection and
Affordable Care Act (ACA) was signed into law; and
WHEREAS, The ACA created mechanisms that offer tax subsidies
to individuals to purchase health insurance on a market
exchange; and
WHEREAS, The ACA has assisted millions of individuals
nationwide in obtaining individual health insurance policies,
including more than 325,000 Pennsylvanians; and
WHEREAS, Through the expansion of Medicaid, 15 million
individuals have gained access to health insurance nationwide,
including approximately 765,000 Pennsylvanians; and
WHEREAS, Since the ACA was passed, Pennsylvania's uninsured
rate has fallen 44%; and
WHEREAS, The ACA provides many important consumer
protections, including guaranteeing the issuance of a health
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insurance policy regardless of preexisting conditions,
permitting children up to 26 years of age to remain on their
parent's health insurance policy, prohibiting annual and
lifetime limits on the payment of health benefits, mandating
that insurance companies cover ancillary costs of clinical trial
participants and requiring certain health insurance policies to
cover 10 essential health benefits; and
WHEREAS, Prior to the passage of the ACA, pregnant women and
individuals with serious or chronic illnesses could be charged a
higher premium for insurance coverage or could be denied
insurance coverage because they were considered to have a
preexisting condition; and
WHEREAS, The ACA prohibits insurers from denying coverage to
individuals with a preexisting condition; and
WHEREAS, Prior to the passage of the ACA, it is estimated
that approximately 10% of cancer patients reached either their
annual or lifetime maximum limit on the dollar amount of medical
benefits their health insurance paid; and
WHEREAS, Annual or lifetime maximum limits on the amount of
medical benefits health insurance pays often lead to individuals
being unable to effectively manage their chronic diseases or
being unable to receive necessary care; and
WHEREAS, The ACA eliminates annual and lifetime limits on the
dollar amount of medical benefits for which health insurance
pays; and
WHEREAS, If the ACA is ruled unconstitutional, individuals
with chronic illnesses and pregnant women may once again be
subjected to the annual and lifetime limits on the dollar amount
of medical benefits their health insurance pays; and
WHEREAS, Young adults have the highest uninsured rate of any
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age group, at 30%; and
WHEREAS, Young adults have the lowest rate of access to
employer-based health insurance; and
WHEREAS, One in six young adults have a serious or chronic
illness, such as cancer or diabetes; and
WHEREAS, The ACA permits young adults to remain on their
parent's health insurance until they reach 26 years of age; and
WHEREAS, If the ACA is ruled unconstitutional, millions of
young adults across the nation are at risk of becoming
uninsured; and
WHEREAS, Prior to the passage of the ACA, individuals seeking
care by means of a clinical trial were responsible for paying
out of pocket for ancillary costs associated with the trial; and
WHEREAS, These costs could include CAT scans, blood work, X-
rays, MRIs and other expensive tests and procedures; and
WHEREAS, The ACA ensures that any qualified individual
participating in a clinical trial will not have their benefits
limited or denied in respect to routine costs associated with
participation in a clinical trial; and
WHEREAS, The ACA also requires certain health insurance
policies to cover 10 essential health benefits, including
ambulatory patient services, emergency services,
hospitalization, maternity and newborn care, mental health and
substance use disorders services, prescription drugs,
rehabilitative and habilitative services and devices, laboratory
services, preventive and wellness services and chronic disease
management and pediatric services; and
WHEREAS, Before the passage of the ACA, some of these
benefits, such as maternity care, were not included in an
individual's health insurance policy; and
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WHEREAS, If these important protections are ruled
unconstitutional, millions of Pennsylvanians and Americans,
including the most vulnerable members of our society, will be
adversely affected; therefore be it
RESOLVED, That the House of Representatives of the
Commonwealth of Pennsylvania strongly urge the Congress of the
United States to retain certain consumer protections mentioned
in this resolution if the Patient Protection and Affordable Care
Act is ruled unconstitutional; and be it further
RESOLVED, That copies of this resolution be sent to the
President of the United States, the presiding officers of each
House of Congress and each member of Congress from Pennsylvania.
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