Judge's ruling won't change protections for pre-existing conditions in Colorado

Open enrollment will continue - Sign up by Dec. 15 for coverage that starts Jan. 1.

DENVER (Dec. 15, 2018) – On Friday, a federal district judge in Texas issued a ruling stating that the Affordable Care Act (ACA) is unconstitutional. This was a ruling in the case Texas v. the United States, where twenty state attorneys general filed a lawsuit against the ACA, saying that since Congress ended the law’s mandate to have health insurance, the entire ACA is unconstitutional.

However, even with this ruling, the ACA isn’t going away. This decision will now be part of a long, drawn-out legal process, as it will be appealed and likely work its way to the U.S. Supreme Court. And the Trump administration is assuring the country that the ACA will remain in force during the appeals process.

This case has caused the most concern around the ACA’s protections for people with pre-existing conditions, especially as the Trump administration said it would not defend that part of the law.

“I said it in June when this case first bubbled up, and I’ll say it again: Guaranteed health insurance coverage for people with pre-existing conditions is enshrined in Colorado law,” said Interim Insurance Commissioner Michael Conway. “The Division of Insurance will continue to enforce Colorado law and maintain this important protection for our citizens.

“Coloradans need to know that we aren’t going back to the bad old days of being charged more because you or someone in your family has diabetes or asthma or high blood pressure or any other health condition,” added Commissioner Conway

This ruling does not change the fact that open enrollment for people who buy individual health insurance plans (not from an employer) continues in Colorado until January 15, 2019. However, if people want coverage that starts on Jan. 1, they must enroll by the end of today, Saturday, December 15, 2018. For more information and to get enrolled, visit Connect for Health Colorado (connectforhealthco.com).


The Colorado Division of Insurance (DOI), part of the Department of Regulatory Agencies (DORA) regulates the insurance industry and assists consumers and other stakeholders with insurance issues.  Visit dora.colorado.gov/insurance for more information or call 303-894-7499 / toll free 800-930-3745

DORA is dedicated to preserving the integrity of the marketplace and is committed to promoting a fair and competitive business environment in Colorado. Consumer protection is our mission. Visit dora.colorado.gov for more information or call 303-894-7855 / toll free 1-800-886-7675

Media Contact:
Vincent Plymell
Division of Insurance
p: 303-894-2261 | c: 303-910-9614