Epilepsy Foundation Signs on to Amicus Brief in Legal Challenge to Short-Term Health Insurance Rule

The Epilepsy Foundation joined 11 other national patient groups in filing an amicus curiae (or friend-of-the-court) brief in support of the U.S. District Court case, Association for Community Affiliated Plans v. United States, challenging the recently finalized federal rule on short-term health insurance plans. The suit was originally filed by the Association for Community Affiliated Plans, National Alliance on Mental Illness, Mental Health America, American Psychiatric Association, AIDS United, National Partnership for Women & Families, and Little Lobbyists on September 14, 2018.

Short-term limited duration plans were originally intended to help individuals navigate insurance gaps and are not required to adhere to important consumer protections set forth by the Affordable Care Act (ACA). Issuers of short-term plans, in turn, are able to discriminate against those who have a pre-existing condition or charge higher premiums. 

The brief argues that the expansion of these plans from three to almost 12 months, with the ability to renew, will weaken protections for individuals with pre-existing conditions and destabilize the insurance marketplace by siphoning younger, healthier individuals out of the market, leading to increased – potentially unaffordable – premium rates for individuals living with chronic conditions like epilepsy. People with pre-existing conditions are at risk of being underinsured or losing coverage altogether if premiums become too high. Short-term health plans are not a substitute for comprehensive, affordable health care.

Due to the overwhelming risk to people with pre-existing conditions and the insurance market, the amicus brief asks the court to issue a preliminary injunction stopping the rule and preserving current limits on short-terms plans.

Organizations Supporting the Amicus Brief

American Cancer Society
American Cancer Society Cancer Action Network
American Heart Association
American Lung Association 
Cystic Fibrosis Foundation
Epilepsy Foundation
Global Healthy Living Foundation
Hemophilia Federation of America
Leukemia and Lymphoma Society
March of Dimes 
National Coalition for Cancer Survivorship
National Multiple Sclerosis Society