Kavanaugh and the Preexisting Conditions Debate

An ad from a Democratic group warned that the president’s Supreme Court nominee could eliminate preexisting condition protections under the Affordable Care Act, a move that “would take us back to a time when insurance companies could deny you coverage.” But that depends on who “you” are.

Prior to the enactment of the ACA, insurers could deny coverage based on health status, but only on the individual market, where those without employer-based plans or public coverage buy their own insurance. Employer plans couldn’t deny insurance to workers, but they could exclude coverage for a particular preexisting condition for a limited period, if a new employee had a gap in insurance coverage.

The ad refers to a and 19 other states in February regarding the ACA, and the Department of Justice’s decision in June to not defend the federal government in that case. With President Trump appellate Judge Brett Kavanaugh to the Supreme Court,