Michigan Attorney General Dana Nessel along with California Attorney General Xavier Becerra has led a coalition of 14 attorneys general in filing an amicus brief supporting the City of Chicago’s lawsuit challenging the U.S. Health and Human Services’ (HHS) failure to create a special enrollment period in response to COVID-19 for individuals in the 38 states that rely on the federal exchange for health insurance.
In the brief, filed late Monday, the coalition argues that there is both a critical need for and a legal obligation to create a special enrollment period on the official health care marketplace website to help millions of individuals obtain health care coverage.
“Thirty-eight states, including Michigan, rely on the health care marketplace to run our health care exchanges and while we continue to face an unprecedented public health crisis, the federal government should want to ensure all who live in this country have access to the care they need to mitigate the spread of COVID-19,” said Nessel. “Michigan has been significantly affected by this pandemic, with an unemployment rate that now exceeds 22 percent and positive cases surpassing the 60,000 mark.
“It is vital that our residents and all individuals across the 38 federally-run exchanges have access to the coverage they need to keep themselves and those around them safe.”
The Affordable Care Act (ACA) provides HHS Secretary Alex Azar with the authority to create special enrollment periods outside of the normal enrollment period for hardships or special situations that may warrant it.
HHS’s failure to open a special enrollment period means uninsured individuals in the 38 states that rely on the federal exchange for coverage may choose to avoid medical care or face massive bills as a result of seeking treatment, according to those urging the HHS to reconsider its decision.
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