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Monday, Apr 3 2023

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Justice Department Appeals Judge's Block Of ACA's Free Preventive Care Measure

The White House said Friday that the Justice Department is appealing a Texas judge's decision to strike down the Affordable Care Act's requirements that insurance plans cover preventive care, such as some cancer screenings and drugs like PrEP. Meanwhile, news outlets examine the impact on public health and patients if the ruling stands.

The Biden administration on Friday appealed a Texas federal judge鈥檚 decision to strike down free Obamacare coverage of preventive health-care services ranging from screenings for certain cancers and diabetes to HIV prevention drugs. ... 鈥淧reventive care is an essential part of health care: it saves lives, saves families money, and improves our nation鈥檚 health,鈥 said Kamara Jones, a Health and Human Services spokesperson, on Thursday evening after the judge鈥檚 ruling. 鈥淎ctions that strip away this decade-old protection are backwards and wrong.鈥 The case will now go to U.S. Fifth Circuit Court of Appeals. A majority of the judges on that court were appointed by Republican presidents. (Kimball, 3/31)

The legal challenge was brought by eight individuals and two businesses, all from Texas. They argued that the free PrEP requirement requires business owners and consumers to pay for services that "encourage homosexual behavior, prostitution, sexual promiscuity and intravenous drug use" despite their religious beliefs. (3/31)

How will the ruling affect health care? 鈥

Health policy experts describe free preventive care as one of Obamacare鈥檚 most transformative policies because it took away a financial barrier to needed care for tens of millions of Americans. It is also one of the law鈥檚 more popular provisions, with 62 percent of the public recently saying it is 鈥渧ery important鈥 that it stay in place. The new court ruling has already brought the Affordable Care Act back into the political fray, as Democrats quickly vowed to protect the law. (Kliff, 3/31)

A federal judge鈥檚 ruling on the Affordable Care Act this week means that patients would have to pay for some cancer screenings that are currently free 鈥 a ruling that, if it holds, could make the potentially life-saving tests unaffordable for many, experts say. On Thursday, U.S. District Court Judge Reed O鈥機onnor struck down provisions of the ACA that requires insurers to provide certain preventive health care services free of charge.聽(Edwards and Lovelace Jr., 3/31)

federal judge in Texas threw health insurance for more than 100 million Americans into disarray last week when he ruled that certain preventive coverage requirements are unconstitutional. That ruling 鈥 if it survives the forthcoming appeals 鈥 could ripple into Colorado, but its impacts here will likely be more muted than they are elsewhere in the country. That鈥檚 because Colorado lawmakers have written many of the same coverage requirements into state law, where at least most of the judge鈥檚 ruling won鈥檛 apply. (Ingold, 4/3)

A Texas court decision on the Affordable Care Act could eliminate full coverage of a number of preventive health care services, a development that legislators and advocates say could affect the health of millions, including patients in Massachusetts. (Bartlett, 3/31)

Also 鈥

Defending the ACA has been a tried-and-true strategy for Democrats since the GOP tried to repeal it in 2017. Judicial threats to the law easily fold into messaging about right-wing extremist judges that the party has been building on since the Supreme Court overturned the federal right to abortion. And while Republicans may still not be huge fans of the law, its preventative care provisions weren't exactly topping their list of grievances. (Owens, 3/31)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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