
The American Health Care Act (AHCA) was passed by the House of Representatives on May 4, 2017, as a bill to repeal and replace many provisions of the Affordable Care Act (ACA). One of the most controversial issues surrounding the AHCA is its potential impact on people with pre-existing conditions. A pre-existing condition is any health problem that exists before someone applies for or enrolls in a new health insurance policy. While the AHCA states that no one will be denied coverage because of a pre-existing condition, it does allow insurance companies to charge higher premiums to those with pre-existing conditions who meet certain criteria.
| Characteristics | Values |
|---|---|
| Definition of a pre-existing condition | A health condition that exists before someone applies for or enrolls in a new health insurance policy |
| Who can be charged a premium based on health status? | People with a pre-existing condition, not enrolled in a large group health plan, living in a state that obtains a waiver, who have let their insurance lapse in the past year for 63 days or more |
| Who can be charged a premium based on health status? (alternative source) | People with a pre-existing condition who are not enrolled in a large group health plan, are also living in a state that obtains a waiver, and have let their insurance lapse in the past year for 63 days or more |
| Who cannot be denied coverage? | No one can be denied coverage because of a pre-existing condition |
| Who will not be charged more? | People who buy and keep coverage will never be charged more because of their health condition |
| Who can be charged more? | People who avoid purchasing coverage until they need it |
| Who can be charged more? (alternative source) | People who try to game the system – by avoiding paying into it while they are healthy and then seek coverage only when they need it |
| Penalty duration | The penalty for the above can only be applied for one year |
| Penalty mitigation | The penalty can be mitigated by tax credits and billions of dollars granted to the states |
| High-risk pools | If the AHCA is passed, insurance companies will be able to put people in a "high-risk pool" and charge them more money for their insurance plan |
| Prevalence of pre-existing conditions | Between 50 and 129 million non-elderly Americans have at least one pre-existing condition |
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What You'll Learn

No one can be denied coverage
On May 4, 2017, the House of Representatives passed the American Health Care Act (AHCA), a bill to repeal and replace many provisions of the Affordable Care Act (ACA), also known as Obamacare. The AHCA is unlikely to provide for a return to the status quo prior to the ACA, and it is unlikely that many Americans will be impacted by the provisions of the MacArthur amendment.
Under the AHCA, no one will be denied coverage because of a pre-existing condition. However, insurance companies will be able to put individuals in a "high-risk pool" and charge them more money for their insurance plan. In some cases, the price increase may be so significant that the individual is unable to afford the insurance plan. The AHCA would allow states to opt out of the pre-existing condition protections in Obamacare and create high-risk pools instead.
The AHCA would not prohibit insurance companies from applying exclusions for people with pre-existing conditions. If people wait until they are sick to sign up for coverage, insurance companies can charge them higher premiums. Under Obamacare, there was an incentive for healthy people to wait until they were sick to get coverage, as insurers were prohibited from denying coverage or charging higher premiums based on pre-existing conditions.
The only people who could be charged a premium based on their health status under the AHCA are those with a pre-existing condition, not enrolled in a large group health plan, living in a state that obtains a waiver, and who have let their insurance lapse in the past year for 63 days or more. In this case, the increased premium would only be allowed for one year. People who buy and keep their coverage will never be charged more because of their health condition.
Prior to the ACA, insurance companies in the individual and small group markets could deny coverage, charge higher premiums, and/or limit benefits to individuals based on pre-existing conditions. The ACA attempted to mitigate these issues by imposing federal guaranteed issue requirements paired with community rating, which prohibits medical underwriting across all health insurance markets.
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People with pre-existing conditions may be put in a high-risk pool
The American Health Care Act (AHCA) was passed by the House of Representatives in May 2017. The bill, which aimed to repeal and replace many provisions of the Affordable Care Act (ACA), caused widespread concern about its potential impact on people with pre-existing conditions.
Under the AHCA, no one will be denied coverage because of a pre-existing condition. However, those with pre-existing conditions may be put into a "high-risk pool" and charged more for their insurance. This is a significant change from the ACA, which prohibited insurance companies from denying coverage or charging higher premiums based on pre-existing conditions.
The AHCA allows states to opt-out of the pre-existing condition protections in the ACA and create high-risk pools. These pools have been notoriously expensive and underfunded, with premiums costing up to $25,700 per year, according to the American Association of Retired Persons (AARP).
The AHCA also includes provisions to mitigate the impact on those with pre-existing conditions. For example, people who let their insurance lapse for 63 days or more in the past year and live in a state that obtains a waiver can be charged higher premiums, but only for one year. Additionally, the bill provides up to $123 billion for states to offset the higher costs faced by those with pre-existing conditions.
It is important to note that the AHCA was still subject to further consideration and amendment by the Senate at the time of its passage in the House. The final legislation may have included significant changes to address concerns about the impact on people with pre-existing conditions.
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States can opt out of pre-existing condition protections
The American Health Care Act (AHCA) bill, passed by the House of Representatives in 2017, has caused concern for its potential impact on people with pre-existing conditions. The AHCA was designed to repeal and replace provisions of the Affordable Care Act (ACA) or Obamacare, which prohibited insurers from denying coverage or charging higher premiums based on health status.
The AHCA, as originally written, would allow states to obtain waivers to charge higher premiums to certain individuals with pre-existing conditions. Specifically, those not enrolled in a large group health plan, who have experienced a lapse in insurance coverage of 63 days or more in the past year, and who live in a state with a waiver, could be charged higher premiums for one year. This provision was designed to incentivize continuous coverage and discourage people from waiting until they are sick to purchase insurance.
However, it is important to note that the AHCA does not deny anyone coverage due to a pre-existing condition. Only those who avoid purchasing coverage until they need it will be charged more, and the higher premiums are allowed for only one year.
In response to the AHCA, several states have taken steps to protect their residents by enacting laws that preserve the ACA's pre-existing condition protections. As of 2019, at least 17 states have passed bills to ensure that federal ACA protections become part of state law, with varying approaches. Some states, like Maine, New Mexico, and Washington, have passed comprehensive bills, while others have focused specifically on prohibiting insurers from imposing pre-existing condition exclusions. Additionally, some governors have issued executive orders to uphold the ACA's principles and prevent discrimination based on pre-existing conditions.
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People who avoid coverage until they are sick can be charged more
On May 4, 2017, the House of Representatives passed the American Health Care Act (AHCA), a bill to repeal and replace many provisions of the Affordable Care Act (ACA) or Obamacare. The AHCA would remove many of the protections that the ACA put in place for people with "pre-existing conditions".
A "pre-existing condition" is a health condition that exists before someone applies for or enrolls in a new health insurance policy. Insurers generally define what constitutes a pre-existing condition. Some obvious examples include heart disease and cancer, while others are less apparent, such as asthma or high blood pressure. Prior to the ACA, in most states, insurance companies could deny coverage, charge higher premiums, and/or limit benefits to individuals based on pre-existing conditions.
Under the AHCA, no one will be denied coverage because of a pre-existing condition. People who keep their insurance coverage continuously will not be charged more because they are sick or get sick. However, those who avoid purchasing coverage until they are sick can be charged more. This is to prevent people from gaming the system by avoiding premiums when they are healthy and only signing up for coverage when they need it. The AHCA allows states to opt-out of pre-existing condition protections and create high-risk pools. Insurers can put individuals in these high-risk pools and charge them more for their insurance plans.
The penalty for those who wait to buy insurance until they are sick is a 30% increase on their community-rated premium, but this can only be applied for 12 months and can be mitigated by tax credits. The AHCA provides up to $123 billion for states to offset these higher costs. Additionally, no one could face a lockout period or be denied coverage because of a pre-existing condition, and the increased premium would only be allowed for one year.
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Pre-existing conditions include mental disorders
Mental disorders are indeed included in the definition of pre-existing conditions under the new AHCA. However, it is important to note that the AHCA, or the American Health Care Act, passed by the House of Representatives in 2017, does not deny coverage to anyone based on pre-existing conditions, including mental disorders. This means that individuals with pre-existing mental health conditions cannot be denied health insurance under the AHCA.
The AHCA was intended to repeal and replace several provisions of the Affordable Care Act (ACA) or Obamacare. One of the main concerns surrounding the AHCA was its potential impact on individuals with pre-existing conditions. However, the AHCA included protections to ensure that individuals with pre-existing mental health conditions would not face coverage denial.
Under the AHCA, individuals with pre-existing mental health conditions who are enrolled in a large group health plan and do not have a coverage lapse are protected from higher premiums. However, those who let their insurance lapse for 63 days or more in the past year and live in a state that obtains a waiver may be charged higher premiums for one year. These provisions aim to discourage people from gaming the system by avoiding premiums when they are healthy and only signing up for coverage when they need it.
It is worth noting that the determination of pre-existing conditions can vary among insurers, and mental health conditions such as neurotic and related disorders, stress and adjustment disorders, conduct disorders, emotional disturbances, and attention deficit hyperactivity disorder (ADHD) have been identified as conditions that may result in denial, waiting periods, condition exclusions, or higher premiums by some insurers. However, the AHCA's provisions protect against these practices, ensuring that individuals with pre-existing mental health conditions have access to health insurance without facing discrimination or financial penalties.
While the AHCA addresses the issue of pre-existing mental health conditions, it is essential to recognize that mental health conditions are complex and varied. Each individual's experience with mental health is unique, and the impact of pre-existing conditions on insurance coverage can be influenced by various factors. As a result, it is crucial to stay informed about the specific provisions and protections offered by the AHCA and how they may apply to individual circumstances.
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Frequently asked questions
A pre-existing condition is a health condition that exists before someone applies for or enrolls in a new health insurance policy. Obvious examples include heart disease or cancer, but less obvious ones include asthma or high blood pressure.
The AHCA does not contain a specific, pre-determined list of conditions. However, experts predict that mental disorders such as anxiety, bipolar disorder, depression, obsessive-compulsive disorder, and schizophrenia may result in higher insurance premiums.
Under the AHCA, insurance companies cannot deny you health coverage because of a pre-existing condition. However, they can place you in a "high-risk pool" and charge you more for your insurance plan.

























