HHS Secretary Alex Azar said the Trump administration plans to "wait until there's a final judgment" in the latest ACA challenge to produce a replacement healthcare plan, according to The Hill.
The administration chose not to defend the ACA in the lawsuit, which alleges the ACA's individual mandate is unconstitutional and inseverable from the legislation. If the lawsuit is successful, the entire ACA would be deemed unconstitutional, including popular provisions that protect health insurance coverage for people with preexisting conditions.
The case was most recently heard by the U.S. 5th Circuit Court of Appeals, which ruled the individual mandate was unconstitutional, but did not issue a decision on whether the entire law was unconstitutional. The appeals court kicked the case back to the lower courts for review. Democratic-led states, the defendants in the case, filed a petition with the Supreme Court for review. The Supreme Court is discussing whether it will hear the case at a Feb. 21 meeting.
"These are hypotheticals at this point," Mr. Azar said, according to The Hill. "We are faithfully administering the ACA now."
Democrats criticized this plan, calling for backup in the event the law is invalidated, according to The Hill.
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