North Pima News

An Arizona State Senator is sponsoring a bill to cover people with preexisting medical conditions in the event a court finds that Obamacare is unconstitutional.

“I’m running Senate Bill 1397 to make sure that if (or when) Obamacare is ruled unconstitutional we ensure people with preexisting health conditions can get coverage,” Sen. J.D. Mesnard told the North Pima News. “This policy is the common denominator between the various sides of the health care debate, which is why it passed the State Senate unanimously. I hope for a similar outcome in the House as it moves through the process.”

Mesnard is a Senate Republican who represents the 17th District.

According to the Arizona Mirror, President Barack Obama’s Patient Protection and Affordable Care Act (ACA), a law enacted in 2010 and often labeled "Obamacare," did away with the practice of insurance companies raising rates – or fully denying coverage – for people with preexisting medical conditions.

The federal government estimates that as many as half of all Americans have a preexisting condition that is affected by the ACA's provisions, the Mirror reported.

SB 1397 states that healthcare providers in Arizona cannot deny coverage or impose any restriction due to preexisting conditions.

The bill comes as a lawsuit that seeks to declare the ACA unconstitutional is being heard in federal appellate courts. Arizona is one of the plaintiffs in the case titled Texas vs. United States. The lawsuit could overturn Obamacare based on the argument that a mandate that everyone purchase health insurance is unconstitutional.

SB 1397 wouldn’t be passed and become a state law unless the federal lawsuit against Obamacare is successful.

The bill has its critics.

Sen. Sean Bowie told the Mirror the bill has nothing in it to protect Arizona residents from insurance companies hiking prices for preexisting conditions, and is without many protections of the ACA.

Republicans also had questions.

“This (SB1397) is no ACA and was not designed to be a replacement,” Sen. Vince Leach told the Mirror, adding that he didn’t want the bill to become a “psuedo-ACA.”

However, Mesnard indicated his proposed legislation is a good-faith effort to get a bipartisan solution and protect residents with preexisting conditions.

“Too often we get bogged down in disagreements when it comes to major policy issues,” he said. “Healthcare is certainly one of them. But rather than let disagreements paralyze us from taking any action on big issues as often happens in Congress, I wanted to show that Arizona leaders can come together on a meaningful issue that protects our people.”

Democrats have introduced their own similar legislation. SB 1599 would cover preexisting conditions and prevent insurance companies from price spiking. That bill has yet to be assigned to a committee.