April 21 (UPI) — A provision of the Affordable Care Act that mandates preventive care health benefits will go before the U.S. Supreme Court.
On Monday, the nation’s high court will begin hearing oral arguments in Kennedy v. Braidwood Management which could impact tens of millions of U.S. citizens if the court determines a government task force mandating insurer-provided health benefits is constitutional.
The U.S. Preventive Services Task Force previously designated a number of services for no-cost coverage under the ACA, otherwise known as “Obamacare,” that included colonoscopies for those aged 45 to 49, statins to help lower cholesterol, lung and cancer screenings, medication for women to lower risk of getting breast cancer and preexposure prophylaxis (PrEP) which has successfully reduced the spread of HIV/AIDS.
It was brought on by employers and a small number of individuals in opposition, specifically to the HIV-prevention recommendations by the task force, based on religious grounds.
The religious rights of the plaintiffs were allegedly violated, according to court documents, by “making them complicit in facilitating homosexual behavior, drug use, and sexual activity outside of marriage between one man and one woman.”
At the center of the legal dispute itself is whether the task force’s structure was illegal under the U.S. Constitution’s Appointments Clause.
The plaintiffs in the cases contend that the 16-member task force, appointed by the U.S. secretary of health and human services, are improperly appointed and wield too much authority.
But while they can be removed from their role, recommendations for covered health services cannot be overridden by anyone.
A New Orleans-based Fifth Circuit appeals court ruling said the task force was not constitutional, which suggested its recommendations held since 2010 be removed.
According to medical experts, more than 150 million American citizens rely on early screenings and interventions for other chronic conditions under no-cost preventive medical services.
If the court upholds the Fifth Circuit ruling, it means the task force and its recommendations could be invalidated and with it a guarantee of preventive services at no-cost.
More than 1.2 million Americans are living with human immunodeficiency viruses, otherwise known as HIV, according to CDC data.
A 2023 CDC report showed how young people were driving down the total number of HIV infections in the United States which reflected a slowing spread of the disease among gay and bisexual men due in large part to preventive measures like access to PrEP.
The preventive services requirements under Obamacare has been a “game-changer” that has provided access to “evidence-based preventive care and early detection of serious medical conditions” for millions, according to a healthcare attorney.
“The ACA’s coverage and cost-sharing protections are especially important for low-income persons, who will be harmed most if the Supreme Court refuses to allow the ACA provision to stand,” Wayne Turner, a senior attorney at the nonprofit National Health Law Program which advocates for low-income communities, told ABC News.
Meanwhile, the court could issue a ruling as early as June.
