New Legislation to Ensure Health Care Special Enrollment During All Public Health Emergencies like COVID-19

***For Immediate Release***

New Legislation to Ensure Health Care Special Enrollment During All Public Health Emergencies like COVID-19

Washington, D.C. – This morning, U.S. Representative Lloyd Doggett (D-TX), Chair of the Ways and Means Health Subcommittee, Rep. Brian Fitzpatrick (R-PA), Rep. Diana DeGette (D-CO), Rep. Brendan Boyle (D-PA), and Rep. Mike Doyle (D-PA) introduced bipartisan legislation to ensure future Presidents cannot obstruct Americans' access to health coverage during an emergency. This coincides with and builds upon President Biden's important announcement today of a Special Enrollment period for health insurance—following previous Administration rejection of requests to open up coverage last year.

The Ensuring Coverage in Public Health Emergencies Act would add a new qualifying event that automatically triggers a Special Enrollment Period. Under this legislation, there would be an Enrollment Period any time there is a public health emergency declaration.

The COVID-19 pandemic has caused millions of job losses, and for many, a second blow of losing their health coverage at the same time. Even prior to the pandemic, Trump's sabotage of our health care system left close to 30 million Americans uninsured and 40 million underinsured. For the first half of 2020, as the country entered the worst public health emergency in decades, 43.4% of U.S. adults ages 19 to 64 did not have sufficient health coverage.

On March 13, 2020, Rep. Doggett led over 100 colleagues in urging Secretary Azar to use his existing authority to establish a Special Enrollment Period for COVID-19. You can read the letter here, though President Trump refused to offer such relief. While Americans who lost health coverage when they lost their job were afforded an opportunity to enroll in a Marketplace plan through the ACA's qualifying event protections, the 70 million Americans who already lacked sufficient coverage were left vulnerable.

"Public health emergencies require emergency responses—and increasing access to affordable health care is crucial," said Congressman Doggett. "By opening health insurance enrollment, President Biden today recognizes the importance of more families having access to a family physician during this pandemic. Uninsured and underinsured neighbors should not be cut off from lifelines of assistance. To ensure families are never again denied this opportunity, as occurred last year under President Trump, our legislation will ensure vulnerable neighbors in the future with a way to protect their families."

"The COVID-19 pandemic has shown that we need to continue efforts to make health care accessible and affordable for all Americans," said Congressman Fitzpatrick. "I am happy to work with Rep. Doggett to ensure that every American can access and enroll in a health insurance plan during public health emergencies. We must continue to work in a bipartisan manner to protect the health of every American during and after this pandemic."

"We are in the midst of a global health crisis," Congresswoman DeGette said. "We should be doing everything we can to ensure everyone has access to the health care coverage they need to get through this difficult time."

"As the COVID pandemic continues, we must ensure all Americans have the flexibility they need to get proper health care," said Congressman Boyle. "It has been almost a year since my first calls for a special enrollment period and I'm pleased that the Biden Administration is joining us in this effort. The only way we can beat this pandemic is to increase access to medical care, and a special enrollment period will do just that."

"The Affordable Care Act has helped tens of millions gain access to healthcare, and is designed to help protect Americans from losing coverage when they need it most," said Congressman Doyle. "I applaud President Biden for initiating a special enrollment period for the Healthcare.gov marketplace, something his predecessor refused to do. I am cosponsoring the bipartisan Ensuring Coverage in Public Health Emergencies Act to ensure that future Presidents cannot obstruct Americans' access to coverage during an emergency by automatically triggering a Special Enrollment Period any time there is a public health emergency declaration."

The American College of Physicians stated: "We are pleased to support this important legislation which will help ensure patients can obtain health insurance coverage during periods of emergency. We commend Rep. Doggett and Rep. Fitzpatrick for proposing legislation that is vitally needed as many Americans lose their jobs, financial security and insurance and face a dire health crisis during the COVID-19 pandemic. The College strongly believes everyone should have access to affordable, quality healthcare, and this legislation will help make that happen."

"All Americans need good health coverage – this imperative is even more critical in the face of a public health emergency, whether due to a global pandemic or nearby natural disaster. The bipartisan Ensuring Coverage in Public Health Emergencies Act fits the bill. It provides access to affordable, quality health coverage to Americans when they need it most, and we urge congressional leaders to take it up quickly," said Chip Kahn, of the Federation of American Hospitals.

"The COVID-19 pandemic has underscored the need for Americans to have access to high-quality, affordable health care coverage," said Tom Van Coverden, President and CEO of the National Association of Community Health Centers (NACHC). "As the medical home for 30 million people nationwide, health centers support common sense legislation to ensure that all Americans have the opportunity to sign up for health coverage after a public health emergency is declared."

"This pandemic has made clear the urgent importance of having access to health care during a public health crisis, especially for those most at risk like cancer patients," said Lisa A. Lacasse, President, American Cancer Society Cancer Action Network. "Ensuring people who are uninsured or who lose coverage can quickly get coverage through a special enrollment period (SEP) during a declared public health emergency makes complete sense. We urge Congress to make special enrollment periods an automatic part of any future public health emergency declarations."

Center for American Progress Executive Vice President for Policy, Mara Rudman, stated: "Public health emergencies like COVID-19 emphasize the importance of everyone having access to quality, affordable health insurance. And yet, the previous administration took repeated steps to make it harder for Americans to sign up for and maintain coverage – from shortening open enrollment to imposing onerous paperwork requirements. Creating a special enrollment period for public health emergencies is a critical step toward reversing this sabotage and protecting the American people's health and financial security during the pandemic."

"Health Care Voters across the country know that access to health care, especially during a public health crisis, is a human right," said Health Care Voter Co-Chair and Executive Director of Get America Covered Laura Packard. "I'm a stage 4 cancer survivor and the Affordable Care Act saved my life. Everyone needs health care, which is why we must have a Special Enrollment period to get everyone covered. Ensuring health care coverage for all is necessary to pull the country out of this recession and build a people-first economy."

"As the coronavirus pandemic has proven to us over the last year, this bill is essential. As the virus has ravaged our health and our economy, it has left millions of people uninsured in its wake," said Protect Our Care Executive Director Brad Woodhouse. "A Special Enrollment Period during a public health emergency declaration is a common sense policy, and people deserve to be able to get the coverage they need, especially as they face a public health crisis. Protect Our Care is proud to support the Ensuring Coverage in Public Health Emergencies Act."

"Families USA is pleased to support the Ensuring Coverage in Public Health Emergencies Act. This common-sense legislation would protect families and ensure that, when the next health emergency strikes, people can sign up for health care immediately. It builds on bipartisan successes achieved by states across the country. We thank Representative Doggett for his leadership and urge his colleagues in Congress to advance this legislation," stated Stan Dorn, Director of the National Center for Coverage Innovation and Senior Fellow, Families USA.

"The American Kidney Fund (AKF) applauds Congressman Doggett for introducing the Ensuring Coverage in Public Health Emergencies Act. This legislation is vital for people with kidney disease and other chronic illnesses, whose health and quality of life depend on consistent access to health coverage—especially during times of crisis," said LaVarne A. Burton, American Kidney Fund president and CEO. "AKF has long supported special enrollment periods for the Affordable Care Act during times of need. COVID-19 has left far too many people without health insurance, and this bill would ensure that more people have access to insurance now, throughout the remainder of the pandemic and during future health emergencies."

Full List of Endorsements: America's Health Insurance Plans, Federation of American Hospitals, America's Essential Hospitals, National Association of Community Health Centers, American Academy of Family Physicians, American College of Physicians, American Cancer Society Cancer Action Network, National Multiple Sclerosis Society, American Heart Association, American Lung Association, Cystic Fibrosis Foundation, American Kidney Fund, Center for American Progress, Families USA, Protect Our Care, Little Lobbyists, Community Catalyst, Health Care Voter, March of Dimes, Vizient, American Medical Student Association, Young Invincibles, Indivisible, NASTAD, AIDS Healthcare Foundation, Public Citizen

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