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5 Ways the Health Care Repeal Lawsuit Could Harm Women’s Health and Economic Security

Author’s note: CAP uses “Black” and “African American” interchangeably throughout many of our products. We chose to capitalize “Black” in order to reflect that we are discussing a group of people and to be consistent with the capitalization of “African American.”

The Texas v. United States health care repeal lawsuit poses a significant risk to the health and economic security of millions of women and their families. On December 18, 2019, a 5th U.S. Circuit Court of Appeals ruling added to the uncertainty around the future of the Affordable Care Act, threatening the benefits and protections that the law affords women, such as access to women’s preventive services and protections against gender discrimination.

While the case travels through the judiciary, the future of the ACA remains uncertain—and this uncertainty could have harmful effects even before a final decision is reached. If the 18 states and the Trump administration achieve through the courts the same ACA repeal that various 2017 bills attempted—despite voters’ objections—women in particular could be affected. However, an adverse ruling in Texas v. United States could go even further than the other disastrous repeal bills; this time, every provision of the ACA is on the line. Here are five ways this case could harm women’s health and economic security.

1. Women could lose insurance coverage

Around 20 million people could lose their health coverage, and women, particularly Black and Latina women, could be among the most affected. The ACA made available financial assistance for private insurance coverage and expanded enrollment in the Medicaid program. Without this assistance, many women would be forced to forgo coverage and would subsequently lose access to necessary and preventive care. Before the ACA, nearly one-quarter of Black women and 36 percent of Latinas were uninsured. Now, fewer Black women and Latinas, as well as young women of all races and ethnicities, report delaying care as a result of costs, while more report having a usual source of care following the enactment of the ACA.

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