The Biden administration is gearing up for a crucial legal showdown to uphold a federal directive that compels health insurance providers to include preventive care services at no extra cost to patients. This directive, part of the Affordable Care Act (ACA), covers a comprehensive array of services endorsed by a federal task force, including medications that prevent HIV and various cancer screening procedures.
The impending deliberations at the 5th U.S. Circuit Court of Appeals in New Orleans stem from litigation initiated by several enterprises, including Braidwood Management, a Texas-based Christian health center operator. These plaintiffs are contesting the mandate that necessitates coverage for HIV pre-exposure prophylaxis (PrEP), arguing that it infringes on their religious convictions by ostensibly promoting homosexual behavior and substance use.
The approved PrEP drugs in the United States are manufactured by Gilead Sciences and ViiV Healthcare, a Pfizer, GSK, and Shionogi joint venture. The coverage for PrEP is a contentious issue, with Braidwood Management seeking an exemption on religious grounds.
In March 2023, U.S. District Judge Reed O’Connor made a decision that exceeded the plaintiffs’ demands by prohibiting the federal government from implementing the mandate across a broad spectrum of services. Judge O’Connor judged the authority granted to task force members responsible for deciding which services are included to be overly extensive and in breach of the U.S. Constitution. Nonetheless, this ruling is currently paused during the appeal phase, with Braidwood temporarily not required to provide coverage for PrEP during this period.
If Judge O’Connor’s ruling takes effect, patients may face co-pays and deductibles for preventive services, potentially impacting their access to essential care. It is important to note that the ruling does not extend to services the task force recommended before the ACA’s enactment in 2010, such as breast cancer screening.
The trio on the 5th Circuit panel includes Circuit Judges Cory Wilson and Don Willett, both nominated by former President Donald Trump, alongside Circuit Judge Irma Carrillo Ramirez, a nominee of President Biden. Judge O’Connor previously captured national attention in 2018 by ruling against all of Obamacare, a decision that the 5th Circuit later overturned, with the U.S. Supreme Court reversing it as well.
This legal battle highlights the ongoing debate surrounding healthcare coverage and religious freedom. As the Biden administration defends the preventive care mandate, the outcome will have significant implications for patients, insurers, and the broader healthcare landscape in the United States.
