By Howard Fischer, Capitol Media Services via Arizona Capitol Times
Two Republican legislators and Attorney General Mark Brnovich are taking the first steps to craft legislation to ensure that Arizonans with pre-existing conditions can still buy health insurance if federal courts strike down the Affordable Care Act.
The move comes even as Republican attorneys general, including Brnovich, actually are working to have the law declared unconstitutional, including the provisions about access to coverage. They contend that Congress lacks the power to mandate that people buy health insurance.
Last December a federal judge in Texas agreed. That sent the case to the 5th Circuit Court of Appeals, which could rule any day.
But the final word is likely to belong to the U.S. Supreme Court. Depending on how quickly they schedule arguments, a ruling could come as early as this spring.
The law, approved by what was at the time a Democrat-controlled Congress, has never been popular among many Republicans.
But Sen. J.D. Mesnard, R-Chandler, said that if the Affordable Care Act disappears, so does the provision requiring insurers to provide coverage for those with preexisting conditions. And he acknowledged that particular part of the statute in particular remains popular.
“I think there’s growing appreciation that we want to make sure that those with pre-existing conditions aren’t now somehow unable to get coverage,” he said.
