Justice Department Won't Defend Affordable Care Act in Lawsuit Brought by States

The U.S. Department of Justice (DOJ) is asking a federal court to strike down key elements of the Affordable Care Act (ACA) and said it will not defend major provisions in the law, according to a brief it filed in a lawsuit brought by 20 state attorneys general. The provisions it is targeting include the bans on insurers denying coverage and charging higher rates to individuals with pre-existing health conditions, reports the Wall Street Journal . DOJ is also aiming to roll back limits on how much insurers can charge people based on gender and age. The move will likely rattle insurers, which are now setting rates for 2019 based on the belief that they must adhere to the ACA consumer-protection requirements. Some legal and health experts said the decision could destabilize markets. In its brief, DOJ said certain ACA provisions, such as banning insurers from denying coverage to people with pre-existing conditions, are invalid as of January 1 with the mandate-penalty repeal. The United States agreed with the plaintiffs that sections "must now be struck down as unconstitutional," the brief stated. DOJ did not say other aspects of the ACA, such as its expansion of Medicaid and its exchanges, should be halted.