Durbin, Duckworth File Petition to Revoke Trump Administration Rule on Pre-Existing Conditions in Health Insurance

By Benjamin Cox on September 30, 2019 at 12:15pm

Two Illinois Senators are working to counter President Donald Trump on health insurance coverage. U.S. Senators Dick Durbin and Tammy Duckworth joined Senate Democrats, led by Virginia Democratic Senator Mark Warner, in filing paperwork that will force a Senate vote to protect people with pre-existing conditions from an attempt by the Trump Administration to change the Affordable Care Act.

Democrats filed a discharge petition on a Congressional Review Act (CRA) resolution that would roll back President Trump’s 1332 waiver rule – a rule which would cut pre-existing condition protections that 130 million Americans rely on, including approximately five million in Illinois. The petition is a necessary step to force a Senate vote on the issue. Under the Trump Administration rule, insurance companies are able to charge people more if they have a pre-existing condition or they can deny specific benefits ā€“ including prescription drugs or maternity care to name a few ā€“ or deny people coverage all together.

Disapproval resolutions under the Congressional Review Act exemplify Congress’ authority to review and overturn rules implemented by the executive branch. Once a rule is finalized, the Congressional Review Act provides Congress 60 legislative days to review and, if they so choose, vote to overturn it. Unlike other legislation on the Senate floor, a disapproval resolution under the Congressional Review Act only needs a simple majority to pass and can be placed on the Senate calendar and scheduled for a vote with 30 members’ signatures. As a result of the petition filed, Senators will vote on overturning the rule before the close of the 60 legislative-day window.