Federal Government Claims Preventive Care at Risk Unless Supreme Court Intervenes

The federal government is asking the United States Supreme Court to reverse a federal appeals court decision that could end the right to free preventive services required under the Affordable Care Act (ACA). The preventive services requirement is a popular provision of the ACA that has been in effect since 2010 and extends coverage of evidence-based preventive services, such as cancer screening, tobacco cessation, contraception, and immunizations, without cost-sharing to more than 150 million people each year.

At issue is the constitutionality of the U.S. Preventive Services Task Force, which issues recommendations on preventive care. In June, the Fifth Circuit ruled partially in favor of the plaintiffs, four individuals who provide health coverage to their families and two businesses that provide health coverage for employees, finding that the requirement to cover medication for HIV prevention violates the rights of plaintiffs who have religious objections. The federal government has appealed the Fifth Circuit’s decision, claiming that the holding jeopardizes health care protections for preventive services without cost sharing that have been in place for more than a decade and which are currently relied upon by millions of Americans.

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For more information, contact:
Riza I. Dagli | 973.403.3103 | rdagli@bracheichler.com
Richard Robins | 973.447.9663 | rrobins@bracheichler.com
Paul DeMartino, Jr. | 973.364.5228 | pdemartino@bracheichler.com