New York Attorney General Eric Schneiderman announced Friday afternoon that his office meant to file a suit requiring that the federal government continue to make payments.
Schneiderman says the decision is unacceptable, "cruel" and illegal.
In May, Schneiderman and California attorney general Xavier Becerra, leading a coalition of 18 attorneys general, moved to intervene in House v. Price in order to protect millions of Americans' access to affordable health care.
"President Trump swore an oath to uphold our laws".
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Schneiderman said he expected other states to join in the suits.
The lawsuit has the backing of the state's health-care industry and large health-worker union 1199/SEIU, the attorney general said.
This summer, the courts granted our intervention to defend these vital subsidies and the quality, affordable health care they ensure for millions of families across the country.
The gist of the complaint to be filed in the U.S. District Court in the Northern District of California is this, according to Schneiderman: The federal Affordable Care Act is the law of the land, and the cost-sharing reductions are an integral part of the law in keeping policies affordable to individuals who purchase insurance for themselves.
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"Today, health plans are competing on how efficiently and effectively they provide care, but the president's executive order, if carried out, would take us backward by letting plans once again compete on how few services they cover and ignore state health insurance protections".
"The bailout of insurance companies through these unlawful payments is yet another example of how the previous administration abused taxpayer dollars and skirted the law to prop up a broken system", the White House said in a statement.
"The subsidies are required by the ACA, and (the president) can't simply refuse to pay them", Schneiderman said. "Short term what we have got to do is improve the Affordable Care Act".
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