ThinkProgress Logo

LGBT

Health

The Top 5 Ways The Supreme Court’s Ruling On Obamacare Helps Women

Our guest blogger is Jessica Arons, director of the women’s health and rights program at the Center for American Progress.

Today’s historic Supreme Court ruling upholding the Affordable Care Act, otherwise known as Obamacare, is a tremendous victory for millions of Americans, and perhaps most of all for women. By upholding the health reform law, the Supreme Court will allow significant reforms to our health insurance system to be fully implemented, helping to keep health care costs down and protecting Americans from the health insurance industry’s worst abuses.

Here are the top 5 ways Obamacare helps women:

1. Women will no longer be denied insurance coverage for gender-related reasons. In today’s insurance market, it is common for insurers to refuse to cover women because of gender-based “pre-existing conditions,” such as having had a Cesarean section or being the victim of domestic violence or sexual assault. Thankfully, this practice will be outlawed under Obamacare in 2014. In the meantime, adults with pre-existing conditions who have been uninsured for at least six months can purchase affordable coverage through temporary Pre-existing Condition Insurance Plans.

2. Women will no longer be charged more for their insurance coverage just for being women. Under a practice known as “gender rating,” insurers currently charge women higher premiums—up to 150 percent more—than men for identical health benefits. As a result, women now pay $1 billion more than men each year for the same health plans in the individual market. As of 2014, however, under the Affordable Care Act, gender rating will become illegal in all new individual and small group plans.

3. Maternity care will be required in new insurance plans. Coverage for maternity care—health care that only women need—is routinely excluded in the individual insurance market. Only 12 percent of plans sold in the individual market even offer maternity coverage, which is frequently inadequate because of waiting periods or deductibles that can be as high as the cost of the birth itself. But once Obamacare is fully implemented in 2014, about 8.7 million women will have guaranteed access to maternity care in all new individual and small group plans.

4. Women will be guaranteed coverage of preventive services with no cost sharing. More than 50 percent of women have delayed seeking medical care due to cost, and one-third of women report forgoing basic necessities to pay for health care. But under the health reform law, insurers are now required to cover recommended preventive services such as mammograms, Pap smears, and well-baby care without cost sharing. More than 45 million women have already taken advantage of these services. And starting this August more services, including contraception, gestational diabetes screening, and breastfeeding supports, will be added to the list of preventive care that must be covered at no additional cost.

5. Women will gain better access to affordable health insurance. Starting in 2014 women and their families, as well as small businesses, will receive tax credits on an income-based sliding scale to help purchase insurance coverage. This will help individuals who earn up to $43,000 per year and up to $92,200 for families of four. Also in 2014 up to 10.3 million women will gain insurance coverage when Medicaid expands its income eligibility to include people with incomes below 138 percent of the federal poverty level—less than $15,000 for individuals and about $31,809 for a family of four in 2011. The health law also eliminates Medicaid’s categorical requirements, so that low-income women who meet the income requirements can be enrolled even if they have no children and are not pregnant.

To learn more about the benefits of Obamacare for women, see the Center for American Progress report, “Women and Obamacare.”

How Medicaid Expansion Affects Gay and Transgender Communities

Our guest bloggers are Andrew Cray, health policy consultant for LGBT Progress, and Kellan Baker, health care analyst for LGBT Progress.

The Supreme Court’s decision on health reform concludes a tense chapter in the life of the Affordable Care Act. The lawsuit decided today challenged the constitutionality of several important provisions of the law, including the expansion of the Medicaid program to cover lower-income people without insurance.

On the issue of Medicaid, the court’s decision was mixed. Overall the court held that while states can receive federal funds to expand Medicaid coverage to all Americans under the age of 65 who make less than $15,000 per year, they cannot lose all Medicaid funding as a penalty for refusing to do so. States that expand eligibility will receive increased federal funding to cover the vast majority of the costs of covering new beneficiaries — a 2010 report projected that the expansion of Medicaid in all fifty states would cost the states $21 billion between 2014 and 2019, while the federal government would spend $443 billion. States that don’t expand eligibility will forfeit this funding and could potentially leave millions of people still without coverage.

By upholding the Medicaid expansion as constitutional, the Court’s decision leaves the door open for states to extend lifesaving access to care for an additional 16 million currently uninsured people, including many gay and transgender people and their families. Despite common stereotypes, poverty and unemployment are higher among LGBT communities, particularly LGBT communities of color, than for the general U.S. population. For example, lesbians and bisexual women are 20 percent more likely to be poor than straight women, and a recent survey indicates that transgender people are twice as likely as the general population to make less than $10,000 a year.

Additionally, without the Affordable Care Act, people living with HIV must have had a disabling AIDS diagnosis before they could qualify for Medicaid coverage. The law eliminates this requirement for states that accept new federal funds to expand their Medicaid programs.

Many experts anticipate that most states will opt to expand their Medicaid programs with the new federal funds available under the Affordable Care Act. Sara Rosenbaum, a health policy professor at George Washington University, expects “the overwhelming number of states” to adopt the Medicaid expansion. “The pressure to participate will be enormous from health care providers and communities,” she says, and “the majority of states will not want to have [their] poorest residents without coverage.”

A recent study estimated that 26,000 people die every year because they do not have health insurance coverage. While today’s decision is a major victory for gay and transgender people, there is still work to be done to make sure our communities fully benefit from the Medicaid expansion. Advocates across the country will need to work hard to make sure that their state governments do not turn their backs on those who are literally dying for coverage.

Anti-Gay General Mills Protesters Mistake Hospitality For Bullying

All week, anti-gay activists are “dumping General Mills” outside the company’s headquarters in Minnesota to protest its opposition to the state’s marriage inequality amendment. The protests have been dismal, with only two or three dozen people bothering to show up — even less without counting  their children. Jeremy Hooper points out now that the Minnesota for Marriage protesters are pretending to be victims as an excuse for their small numbers. Andy Parrish, Deputy Campaign Manager for the anti-equality coalition, tweeted the following today:

@generalmills VP and Head of Security’s presence at our rally to intimidate their employees from joining us ‪#stribpol pic.twitter.com/FCGs9aeM

It’s unclear from this random picture who the vice president and head of security are or what it is they are doing to “intimidate” anybody. Perhaps they are sitting on the bench — how very off-putting. A legitimate group of corporate protesters would be grateful for the access and opportunity to engage with individuals in leadership positions, but apparently not Minnesota for Marriage.

Further, General Mills employees have actually taken very good care of their dissenters, offering the best in Midwestern hospitality:

Employees of General Mills responded to protesters by offering them coffee or ice water with slices of lemon. There would have been cookies too, except the protesters said they’d accept them only to add to the smattering of ‘dumped’ food they had collected. “It’s the neighborly thing to do,” Tom Forsythe spokesman for General Mills explained the unexpected hospitality. “I was raised as a Minnesotan, and when people drop by your house, you put on coffee, so that’s what we did.”

This is how the anti-gay movement works. They attempt to intimidate a company, and then claim that they are the ones being intimidated because they didn’t want cookies. It doesn’t get much pettier.

NEWS FLASH

Minnesota Amendment Would ‘Limit The Status Of Marriage’ | Minnesota Secretary of State Mark Ritchie has announced the title for this November’s marriage inequality amendment. It will be called “Limiting the Status of Marriage to Opposite-Sex Couples.” This is a significant change from what the Republican-controlled legislature offered in its original legislation for the measure, which was “Recognition of Marriage Solely Between One Man and One Woman.” Though Gov. Mark Dayton’s (DFL) symbolic veto did not prevent the amendment from advancing to the ballot, it did invalidate the originally chosen title and allow for a more accurate replacement.

Gay Republicans Desert LGBT Community In Partisan Attack Of Healthcare Decision

Both the Log Cabin Republicans and GOProud have responded negatively to today’s Supreme Court ruling upholding the Affordable Care Act. GOProud claimed that Obamacare “hurts gay and lesbian families” — despite the fact none of their own position statements actually support LGBT rights. LCR went a step further, with its Deputy Executive Director Christian Berle blaming Democrats for stripping LGBT-specific protections from the legislation:

BERLE: Log Cabin Republicans also have not forgotten that Democrats in Congress stripped provisions protecting LGBT families out of healthcare reform when it was passed. We remain committed to ending the Internal Revenue Service’s discriminatory treatment of employer-provided healthcare for domestic partners. While the Court may have found Obamacare to be constitutional, that does not mean it has been carved in stone. Now is the time to go back to the drawing board and institute reforms that work for all Americans.

National Stonewall Democrats Executive Director Jerame Davis told ThinkProgress that LCR has lost touch with “both reality and history”:

DAVIS: The Log Cabin Republicans must have lost their minds today. They are ignoring both reality and history in their attempt to convince LGBT Americans that the Affordable Care Act is bad for them. The LGBT provisions they claim were removed from the ACA by Democrats were done at the demands of the GOP. Throughout the healthcare debate the GOP demanded concession after concession and dug in their heels threatening to filibuster the bill in the Senate if they didn’t get their way. Log Cabin Republicans are doing a disservice to LGBT Americans by intentionally mischaracterizing the history of the Congressional debate on the ACA for partisan gain.

Indeed, even without the explicit LGBT provisions, the ACA still benefits the LGBT community in many important ways, such as improved data collection and protections for people who affected by HIV. For the Log Cabin Republicans to attack this law and the Democrats who advocated for it is to abandon support for the LGBT community just to make a disingenuous partisan cheapshot.

Health Reform Isn’t Just Good For LGBT People – It’s Legal, Too

In a huge victory for our families, our communities, and our country, the Supreme Court today upheld the Affordable Care Act. The finding that the law is constitutional includes the individual mandate, which is the requirement that every individual have health insurance coverage or pay a small amount of additional taxes.

The court’s decision also affirms numerous other provisions that are already helping to make the insurance market more fair, expand coverage to those who don’t have it, and make it easier for gay and transgender people to get the health care they need to stay healthy.

The three major components of the law upheld by the court today are:

1. The law itself: Because the law was found to be constitutional, the justices answered the question of whether the law should be struck down with a resounding “no.” Check out some of the great things the law is already doing for gay and transgender people and their families.

2. The individual mandate: The justices interpreted the law’s requirement that every individual secure a minimum level of insurance coverage as a tax, meaning that Congress had the right to include it in the Affordable Care Act. The individual mandate pays for the law’s other health insurance market reforms – including the requirement that insurers can’t deny coverage to people with pre-existing conditions such as HIV or cancer.

3. The Medicaid expansion: The law expands Medicaid eligibility in every state starting in 2014 to everyone who makes less than $15,000 per year. According to today’s ruling, states that do not want to expand to this level of eligibility do not have to, but they will lose the new funding the law makes available for running their Medicaid programs.

The ruling is a major victory, but the road ahead to making sure gay and transgender communities fully benefit from the law is still bumpy. In particular, the expansion of Medicaid will include many gay and transgender people and their families, since discrimination in employment and relationship recognition means that they are disproportionately likely to be uninsured and to make less than $15,000 per year. Advocates in every state will need to work hard to make sure that their states expand Medicaid eligibility up to the full level the law allows.

And on July 11, the House of Representatives will make another attempt to repeal the law. But this time, the law is really on our side.

Alyssa

‘Tomb Raider’ Execs Want You to Know You’re Reacting to News About the Game Wrong

Well, this strikes me as sadly typical:

[Eidos life president Ian]Livingstone said that the recent controversy about Tomb Raider’s E3 trailer was “quite extreme” and “blown out of proportion.” He went on to say that Rosenberg’s comments were the result of a “live interview that went slightly wrong. Quotes were misinterpreted and blown out of proportion,” Livingstone made the comments during an appearance at the Game Horizon conference in Newcastle, England.

He also said that, while rape may be a topic that can be covered in other mediums, it is a different beast in video games. “I think about my responsibility as a developer – films can deal with these themes, but it’s different in games when the user controls the action,” he said. “We should be celebrating what’s great about the game. I guarantee fans will be delighted with the new Tomb Raider.”

Now, clearly there’s an extent to which Tomb Raider’s president Ron Rosenberg mischaracterized his own game by saying that assailants would try to rape Lara Croft. What Lara Croft faces is not a penetrative rape, but, from what I understand from people who have seen the walkthrough, a sexualized assault that, if the player lets the scenario play through without acting, results in the character’s brutal murder. But people were reacting to the information that had been given to them. And give what they had been told was going to happen was a cliche and often ugly way of giving a female character a “dark” backstory or something to “overcome”, and given that Rosenberg suggested that players would be excited to rescue Lara rather than to embody here, a negative fan reaction seems reasonable. In this, as in so many other cases, telling people that they’re blowing something out of proportion or that their reaction is “extreme” is often just code for complaining that they reacted in a way someone hadn’t be prepared for or that discomfited them. It shouldn’t be that hard to admit you had a communications failure, say that you respect the concerns and feelings of people who found the news upsetting, and that you hope and expect fans will be excited by what they see, and to do all of that without blaming anyone for their reactions. But time and time again, that seems to be a real challenge. Maybe we need walkthrough videos that explain how to level up with an appropriate clarification or apology.

New Bill Would Recognize Military Same-Sex Spouses

Rep. Adam Smith (D-WA)

Rep. Adam Smith (D-WA), the top-ranking Democrat on the House Armed Services Committee, has introduced a new bill that would recognize benefits for the spouses of military servicemembers and veterans. According to the bill, any marriage recognized by a state would have to be recognized by the Defense and Veterans Affairs departments:

Notwithstanding section 7 of title 1, an individual shall be considered a ‘spouse’ if the marriage of the individual is valid in the State in which the marriage was entered into or, in the case of a marriage entered into outside any State, if the marriage is valid in the place in which the marriage was entered into and the marriage could have been entered into in a State. In this paragraph, the term ‘State’ means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories and possessions.

The question of military benefits for same-sex couples is at the heart of the case McLaughlin v. U.S. brought by eight married couples. Republican leadership in the House is defending the Defense of Marriage Act against the couples’ suit, arguing they are not deserving of equal benefits for service.

Health

BREAKING: Supreme Court Upholds Individual Mandate As A Tax

The Supreme Court has upheld the individual mandate in Obamacare, paving the way for full implementation of the law in the states and ensuring that millions of uninsured Americans haves access to affordable coverage. The court upheld the provision as a tax, but found that it does violate the Commerce Clause.

The Medicaid expansion is limited, but not invalidated, the court found. In short, it decided that if a state does not expand the Medicaid program, as required by the law, the federal government cannot withhold Medicaid funds.

In short, “the entire ACA is upheld, with the exception that the federal government’s power to terminate states’ Medicaid funds is narrowly read.”

Chief Justice John Roberts joined Justices Sonya Sotomayor, Stephen Breyer, Ruth Bader Ginsburg, and Elena Kagan in the 5 to 4 decision. Justice Anthony Kennedy — who was considered a swing vote on in the case — sided with the conservatives.

Tell Congress: We Stand With Obamacare

First Name:

Last Name:

Email Address:

Zip or Postal Code:

Update

From the opinion: “Our precedent demonstrates that Congress had the power to impose the exaction in Section 5000A under the taxing power, and that Section 5000A need not be read to do more than impose a tax. This is sufficient to sustain it.”

Update

On the Medicaid issue, a majority of the Court holds that the Medicaid expansion is constitutional but that it would be unconstitutional for the federal government to withhold Medicaid funds for non-compliance with the expansion provisions. Here is the quote: “Nothing in our opinion precludes Congress from offering funds under the ACA to expand the availability of health care, and requiring that states accepting such funds comply with the conditions on their use. What Congress is not free to do is to penalize States that choose not to participate in that new program by taking away their existing Medicaid funding.”

Update

From the dissent, Kennedy writes, “In our view, the entire Act before us is invalid in its entirety.”

Update

A link to the full text of the decision is here.

Update

Republicans have announced that they will take another vote on repealing the law the week of July 9th.

Justice

Everything You Need To Understand Today’s Health Care Decision

At this point, everything useful that could possibly be said about the Affordable Care Act has already been said — not to mention all that blather about broccoli. Rather than pretend that there is something more to say before the Supreme Court hands down its opinion today, here is a list of resources to help you understand the significance of today’s decision — and don’t forget to also check out Igor Volsky’s “10 Things You Would Miss About Obamacare“:

Why The Law Is Constitutional

  • The Individual Mandate Is Constitutional. In the words of a leading conservative judge who received the Presidential Medal of Freedom from President George W. Bush, the case against Obamacare has no basis “in either the text of the Constitution or Supreme Court precedent.” Learn the three reasons why the individual mandate is constitutional here.
  • So Is Medicaid. Learn how the health care plaintiffs’ attack on the Affordable Care Act’s Medicaid expansion is both incorrect and an attack on America’s entire social safety net here.
  • Upholding Obamacare Does Not Mean The Federal Government’s Power Is Limitless. The Affordable Care Act is constitutional, but a long list of things are beyond Congress’ power to regulate, including federal murder laws, rape and assault laws, federal truancy laws and federal child neglect laws. Learn more here.

What Could Go Wrong If The Law Is Struck Down

  • Americans With Preexisting Conditions Are Tossed Back To The Wolves. The best case scenario if the individual mandate is struck down tomorrow is that the 57 million non-elderly Americans with preexisting conditions lose the Affordable Care Act’s promise that they cannot be turned away by insurance companies. Once again, this is the best case scenario.
  • The Individual Insurance Market Starts To Unravel. If the Court strikes just the mandate, that will effectively replace the Affordable Care Act with the kind of failed insurance reform that was enacted in seven different states. Those failed reforms led to entire counties without any individual insurance providers in Washington state, and 350 percent premium spikes in some parts of the New Jersey market, among other disastrous outcomes.
  • Medicare Shuts Down. Approximately 100 million Medicare claims are processed each month using a formula that was altered by the Affordable Care Act. If the entire law were struck down, new rates could not be calculated under the old, pre-ACA formula until after a rulemaking process that can take months before is completed. The result would be that Medicare would not be able to pay doctors for what could be many months. Worse, because Medicare’s computers are not equipped to handle this kind of backlog, the Supreme Court could crash Medicare’s systems.
  • Millions Lose Medicaid. A few justices appeared sympathetic at oral argument to Clement’s argument that Obamacare’s Medicaid expansion is also unconstitutional, but appeared unable to distinguish this expansion from many other expansions that have occurred over the last 35 years. If the justices strike the Medicaid expansion, they could take away health care from millions of people who already have Medicaid in the process.

What Will Conservatives Do Next If They Win

  • Child labor Laws And The Ban On Whites-Only Lunch Counters Could Be Next. Professor Randy Barnett, one of the leading architects of the challenge to the Affordable Care Act, admitted to NPR that he thinks decades of precedents upholding national child labor laws, civil rights laws, the minimum wage and many federal laws protecting workers were “wrongly decided.” Justice Thomas has pushed this same view for years.
  • Or Maybe Medicare And Social Security. Leading Tea Party lawmakers have also claimed that Medicare, Social Security, federal disaster relief, Medicaid, national food safety inspections, and all federal education and anti-poverty programs violate the Constitution.

The Affordable Care Act is clearly constitutional, and the attacks on it cannot be squared with nearly two centuries of precedent. Smart conservatives are clever enough to realize this, and for this very reason will be clever enough to realize that they stand to win even more audacious lawsuits if the Supreme Court lets this one slide.

Tell Congress that you stand with Obamacare by adding your name here.

NEWS FLASH

Colbert: Oreos Are Coming Out Of The Pantry As Homo-snack-suals | Last night, Stephen Colbert took on the so-called “controversy” over Oreo’s decision to share a Pride Month rainbow-colored cookie on Facebook. Calling the cookie a “homosnacksual,” Colbert called upon other food products to “come out of the pantry” in regards to their political leanings. Surely Tony the Tiger believes that trans-vaginal ultrasounds are a “Grrrrrrrrrrross” invasion of privacy! Watch it:

The Morning Pride: June 28, 2012

Welcome to The Morning Pride, ThinkProgress LGBT’s daily round-up of the latest in LGBT policy, politics, and some culture too! Here’s what we’re reading this morning, but please let us know what stories you’re following as well. Follow us all day on Twitter at @TPEquality.

- The second day of the Dump General Mills protest was equally as pathetic as the first. Thank General Mills for its support of LGBT equality.

- Meanwhile, Minnesota for Marriage is in damage-control mode after posting on Facebook that gays should be put to death.

- Montgomery County School Board voted to end allowing nonprofits to send informational fliers home with middle and high school students to prevent PFOX from distributing ex-gay propaganda.

- Marriage equality is becoming a particularly contentious issue in Ohio.

- A new report documents the needs of LGBT Chicagoans, including afford health services, government benefits, and sustainable employment.

- After originally being allowed to join as a family, a gay couple and their son were kicked out of an athletic club in Roanoke and are now suing for discrimination.

- A transgender inmate in Indianapolis feels “less than human” after being kept for three months in social isolation (a.k.a. “protective custody”).

- Minnesota Vikings punter Chris Kluwe supports marriage equality.

- At a Trevor Project event with former Will & Grace co-star Eric McCormack, Debra Messing said she hopes her son is gay:

MESSING: I’d be devastated if my son grows up to be a hetero (sexual). As a parent you just envision a certain life for your child. I mean, if he’s straight, think of all the fabulous things he’s going to miss out on!

  • Comment Icon

Switch to Mobile
ThinkProgress Signup Overlay Skip and Continue to ThinkProgress Skip and Continue to ThinkProgress

Sign Up