National Breast Cancer Coalition Says Virginia’s Lawsuit
Opposing Patient Protection and Affordable Care Act Must Not Succeed

Washington, DC, August 2, 2010—Today, Federal District Court Judge Henry E. Hudson denied the federal government’s motion to dismiss the Commonwealth of Virginia’s lawsuit that sought to invalidate the federal Patient Protection and Affordable Care Act.

In a press conference following today’s ruling, National Breast Cancer Coalition President, Fran Visco, joined other representatives who joined in the amicus brief in support of the Motion to Dismiss and legal experts, to voice their disappointment in the decision.  In June, several groups jointly filed a formal amicus brief defending the need for the health reform law’s minimum coverage provision which was challenged by Attorney General Ken Cuccinelli in Virginia.

During today’s press conference, Visco said, “We understand that today’s decision was a procedural step in this litigation and, I believe some have called it, routine. The consequences however could be devastating for the 3 million women battling breast cancer in the United States right now, and all those at risk. The legislation that is the basis of this lawsuit provides access to potentially life-saving treatment, protection of coverage in case of job loss, a focus on evidence based, quality care and coverage eligibility despite pre-existing conditions for these individuals. ”

A summary judgment hearing is scheduled for October 18, 2010, as the next step in the litigation.  The case is Commonwealth of Virginia v. Kathleen Sebelius in the U.S. District Court for the Eastern District of Virginia, in Richmond.


NBCC President Fran Visco’s Full Statement to the Press • 8.2.10

 

We understand that today’s decision was a procedural step in this litigation and, I believe some have called it, routine. But if this litigation fails it will have devastating consequences for people. The National Breast Cancer Coalition is a coalition of hundreds of grassroots organizations throughout the country who are dedicated to making certain all women and men with and at risk of breast cancer, and everyone in this country, has guaranteed access to quality care. 

For more than a decade the National Breast Cancer Coalition has had guaranteed access to quality health care for all as our number one public policy priority, because we know we cannot achieve our mission to end breast cancer without it.  We worked very hard to get health care reform enacted into law. 

We have joined in opposition to the Virginia Attorney General’s lawsuit against the Patient Protection and Affordable Care Act because we cannot afford to allow this legislation to fail.  For the 3 million women battling breast cancer in the United States right now, and all those at risk, the Act provides access to potentially life-saving treatment, protection of coverage in case of job loss, a focus on evidence based, quality care and coverage eligibility despite pre-existing conditions.  

Again, we know this is a procedural step, but the consequences could be severe for millions of women and men in this country.

We constantly hear from women who have breast cancer but no access to affordable insurance or, even when they do, cannot afford the deductibles or co-pays.  Or those who have lost their jobs and thus their insurance in this economy and cannot find affordable coverage.  I personally hear from women who share their drugs with others, delay treatment or ignore symptoms because they don’t know how to pay for care. These are not the issues these women should be worrying about. Women and men who have breast cancer and who are at risk of the disease need to focus their resources and their energy on taking care of their health, not on whether they can get insurance or will lose their existing coverage. 

We support the policy that all Americans should have the responsibility and obligation to purchase insurance—just as we believe it is the government’s responsibility to ensure that insurers do not apply discriminatory underwriting practices to deny access to affordable coverage. The valuable consumer and access protections given by the Affordable Care Act can only be achieved if this notion of shared responsibility and pooled risk is preserved, as our amicus brief clearly states. The Virginia lawsuit must not succeed.  The people of this country need health care reform as passed and NBCC will do all it can to see that this litigation fails.

  ###

 

National Breast Cancer Coalition and Health Care Reform

The Patient Protection and Affordable Care Act reflects many of the elements and priorities set forth in NBCC’s Framework for a Health Care System Guaranteeing Access to Quality Health Care for All. Learn more about NBCC’s number one priority, Guaranteed Access to Quality Health Care for All, as well as its 2010 Legislative and Public Policy Priorities.

View NBCC’s Congressional Record of Support to see how your Senators and Representatives voted on NBCC’s priorities.


NBCC and the Virginia Lawsuit

Washington, DC – On Thursday, leading disease and disabilities advocacy groups filed a formal amicus brief defending the need for the health reform law’s minimum coverage provision being challenged by Attorney General Ken Cuccinelli in Virginia.

The March of Dimes Foundation, The American Association of People with Disabilities, The Arc of the United States, Breast Cancer Action, Families USA, Family Violence Prevention Fund, Friends of Cancer Research, Mental Health America, National Breast Cancer Coalition, National Organization for Rare Disorders, National Patient Advocate Foundation, National Partnership for Women and Families, National Senior Citizens Law Center, National Women's Law Center, Ovarian Cancer National Alliance, Raising Women’s Voices for the Health Care We Need, United Cerebral Palsy have all signed on to the brief. Several of the groups issued a joint press release following a press conference to express their concern about the impact on the communities they represent.

For more about the Virginia Complaint and the Motion to Dismiss with supporting Brief filed by the Federal Government, visit the Virginia Attorney General’s web site.