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LEGAL NEWSLINE

Monday, November 4, 2024

Josh Stein defends healthcare rights amid legal challenges

State AG
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Attorney General Josh Stein | Official website

Attorney General Josh Stein has recently taken steps to safeguard healthcare services in North Carolina. This week, he filed a friend-of-the-court brief with the U.S. Supreme Court to maintain a significant aspect of the Affordable Care Act (ACA), which ensures access to essential preventive care for millions across the nation. In another action, Stein submitted a brief to the United States Court of Appeals for the Ninth Circuit, advocating for the continuation of an injunction against Idaho's restrictive abortion law that lacks provisions for emergency abortion care.

"North Carolina patients need to access the life-saving care they need when they need it," stated Attorney General Josh Stein. "The Affordable Care Act and federal law that guarantee emergency abortion care are vital to people’s lives and well-being. I will always fight to defend North Carolinians’ health care."

In relation to the ACA, Stein and 24 other attorneys general have requested that the court overturn a previous ruling preventing enforcement of a provision requiring most private insurers to cover specific preventive services without additional costs to patients. Such services include cancer screenings and vaccinations. The prohibition of these provisions could result in considerable gaps in healthcare coverage, particularly after North Carolina's recent efforts to expand Medicaid.

Since its inception in 2010, the ACA has allowed many Americans access to free preventive healthcare services. Within four years of its enactment, around 76 million Americans gained coverage for at least one preventive service without cost-sharing requirements. By 2020, approximately 151.6 million individuals were enrolled in private insurance plans covering such services at no extra charge.

Stein also joined other attorneys general in supporting an appellate court decision that blocked Idaho's strict abortion ban due to its lack of emergency exceptions. The Emergency Medical Treatment and Labor Act mandates hospitals with emergency departments participating in Medicare treat all patients with urgent medical conditions before discharge or transfer. Allowing Idaho's law could jeopardize pregnant women's health and lead doctors and patients away from Idaho seeking better medical care elsewhere.

A copy of the ACA brief is available here.

A copy of the EMTALA brief is available here.

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