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VERIFY: Fact checking Sen. McCaskill's ad on pre-existing conditions

5 On Your Side is verifying one ad each from Sen. Claire McCaskill and Attorney General Josh Hawley as they both compete to become Missouri's next U.S. Senator.

ST. LOUIS, Mo — 5 On Your Side is verifying one ad each from Sen. Claire McCaskill and Attorney General Josh Hawley as they both compete to become Missouri's next U.S. Senator.

We'll begin with Sen. McCaskill's ad about pre-existing conditions.

"Two years ago, I beat breast cancer," Sen. McCaskill said in the ad.

She goes on to point to her own battle with breast cancer as an example of a pre-existing condition that wouldn't be covered under the Affordable Care Act.

We turned to professor Tim McBride, the director of the Center for Health, Economics and Policy at Washington University.

"It can be anything from cancer, which can be pretty severe, heart disease, diabetes, asthma, disabilities, things like that," said McBride.

Missouri Senate race | Who is Claire McCaskill?

Missouri Senate race | Who is Josh Hawley?

Before the Affordable Care Act passed, McBride explains insurance companies were able to ask about your medical history before they accepted you as a client.

"Now with the ACA, the only way premiums can be varied is by age, size of the family, where you live and whether you're a smoker or not. Health conditions cannot go into the equation at all," said McBride.

So, we are able to verify, that is true. Senator McCaskill's breast cancer could have prevented her from getting health insurance, if it wasn't for the Affordable Care Act.

"Unfortunately, Josh Hawley filed a lawsuit, letting insurance companies deny coverage for pre-existing conditions," McCaskill also claimed.

RELATED: Missouri Senate race | What you need to know about McCaskill, Hawley debate this Thursday

Professor Sidney Watson at SLU Law School confirms, that lawsuit exists, and Hawley has signed on.

"Yes, that lawsuit is Texas vs. US and it was filed in Texas by 20 republican AGs and Governors and two individuals," explained Watson.

Watson explained their argument is centered around Congress removing the individual mandate from the ACA law last December.

The mandate required everyone to have health insurance or face a fine.

In 2019, that penalty for not doing so goes away.

"The State AG's and the state governors are claiming that change makes the rest of the Affordable Care Act unconstitutional and they want it struck down," said Watson.

The Department of Justice sides with the Republican Attorney Generals, claiming there are three reasons the ACA should be repealed.

All three points center around pre-existing conditions, so we can also verify that is true, that Hawley is actively involved in a lawsuit that would strip away protections for patients with pre-existing conditions.

"That's just wrong, and I'm fighting to stop it," McCaskill said in her ad.

That claim is only partially true. Watson explains, a coalition to this lawsuit from moving forward.

"16 Democratic Attorney Generals have intervened in the lawsuit, and they are defending the constitutionality of the Affordable Care Act," said Watson.

But McCaskill isn't directly involved in the suit, so we can give that a questionable rating.

"I'm Claire McCaskill and I approve this message because the insurance companies already have too many Senators on their side," McCaskill claimed.

This claim is a little tricky.

Sen. McCaskill has voted several times to support the Affordable Care Act, but according to opensecrets.org, she's taken nearly $170,000 from pharmaceutical companies and nearly $300,000 from insurance companies this year in campaign donations, although that does include life, property and car insurance.

Hawley has received about $50,000 in donations from companies in both categories.

Sen. McCaskill's campaign says donations have absolutely nothing to do with Claire's votes in the Senate.

On 5 On Your Side at 10, Wednesday night, we'll break down Attorney General Josh Hawley's ad about pre-existing conditions.

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