The Supreme Court will hear a case that will determine the fate of free preventive services under the Affordable Care Act.
In a brief order issued Friday, the justices said they would consider whether members of the U.S. Preventive Services Task Force were appointed under the Constitution.
The Affordable Care Act requires insurance companies and group health plans to cover more than 100 preventive health services recommended by the task force at no cost to patients.
Four individuals and two small businesses have filed a lawsuit over the composition of the task force, questioning the recommendation of pre-exposure prophylaxis (PrEP) to prevent HIV.
The Biden administration appealed to the Supreme Court after the ruling on the 5th.th The U.S. Circuit Court of Appeals has ruled that members of the special committee are constitutionally “principal” officers who must be nominated by the president and confirmed by the Senate.
“The court's decision jeopardizes health care protections that have been in place for 14 years and are currently enjoyed by millions of Americans,” the Justice Department said in its Supreme Court petition.
The government was supported by Democratic attorneys general in 23 states and Washington, D.C., as well as various public health associations.
The challengers, represented by the America First Legal Foundation and conservative attorney Jonathan Mitchell, agreed that the case should be taken up.
“The defendants are not aware of the Attorney General's criticism of the Court of Appeals' opinion and her dire predictions about what will happen if the Court of Appeals' decision is left in place,” Mitchell said in a court filing. “I don't agree with the predictions.”
“None of these disagreements, however, affect the credibility of this case. This petition meets this court's standards for recognition and raises very important issues.” he continued.
PrEP has been available in the United States since 2012 and has grown in popularity in recent years. When taken as prescribed, it reduces your risk of contracting HIV by about 99 percent.
5th The circuit court's decision narrowed the lower judge's ruling by refusing to block the national task force's recommendations. For now, it is only blocked when applied to Braidwood Management, the only plaintiff in the case currently participating in the health care market.
Contributed by Nathaniel Weichsel.
