Two lawsuits were filed recently challenging the Trump Administration’s actions against the Affordable Care Act (ACA).

• Maryland’s Attorney General filed suit against the Trump Administration, alleging that the uncertainty caused by the Trump Administration about the unconstitutionality of the ACA is directly damaging Maryland. The lawsuit asks that the ACA be declared constitutional and enforceable, without additional government actions to undermine the law.
• The other lawsuit, filed by the National Alliance on Mental Illness, the Association for Community Affiliated Plans and the American Psychiatric Association, and four other advocacy organizations, seeks to stop the new short-term “junk” insurance plans because they are neither “short-term” if they last 364 days, nor “limited duration” if they can be renewed or extended for up to 36 months. The plaintiffs argue that the sale of short-term plans will particularly hurt those they represent or serve, including individuals with mental health issues or substance use disorders and individuals living with HIV, through higher premiums and deductibles, fewer benefits, higher out-of-pocket costs, and no premium tax credits.

The new lawsuits come as a decision is awaited in Texas et. al. v. United States, et. al. to decide the future of the ACA, and after a Montana judge ruled insurers are entitled to reimbursement for cost-sharing reductions (CSRs). In her decision, Judge Kaplan said “the statutory language clearly and unambiguously imposes an obligation” on the government to reimburse insurers for the discounts they were required to provide to low- and middle-income people.