US Supreme Court
The U.S. Supreme Court will consider whether insurance companies must continue covering the full cost of preventive health services under the Affordable Care Act (ACA) next month when it hears oral arguments in Braidwood Management vs. Becerra.
Plaintiffs in the case object to purchasing health insurance that includes certain recommended preventive services, including abortifacient contraception, pre-exposure prophylaxis to prevent HIV transmission, the human papillomavirus vaccine, and screenings and counseling for sexually transmitted diseases and drug use. Last year, the 5th U.S. Circuit Court of Appeals affirmed the district court’s ruling that the ACA’s requirement to cover without cost-sharing services recommended by the United States Preventive Services Task Force (USPSTF) is unconstitutional.
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The Litigation Center of the American Medical Association and State Medical Societies filed an amicus brief in the Supreme Court saying the ACA’s preventative care mandate has saved lives and should continue to do so. The brief urges the Supreme Court to reverse the 5th Circuit’s decision and rule that provisions relating to the USPSTF’s recommendations are constitutional. Such a ruling would ensure patients continue to have free access to screenings for breast cancer, colon cancer and other diseases as well as preventative services such as smoking cessation, the brief said.
“The ACA’s provisions regarding preventative care recommended by the task force are crucial for maintaining strong public health, preventing the development of a wide range of conditions, promoting early detection of certain conditions and improving survival rates,” the brief said. “Impeding patients’ access to preventive care would have an immediate and devastating impact on health outcomes.”
Researchers studied how the lower-court ruling would impact colorectal cancer incidence, mortality and care costs. The study determined that out-of-pocket costs would decrease the number of screenings performed, which would lead to an additional colorectal diagnosis for seven out of every 100,000 people and an additional four deaths per every 100,000 annually by 2055. The study also found costs for colorectal cancer would increase substantially based on increases in diagnoses, especially in later stages.
The brief said 9 million people are now getting screened for breast cancer and an additional 5 million people who are eligible risk losing no-cost coverage if the lower-court decision stands. Three million people who are now screened for colorectal cancer and 11 million who are eligible may lose access, and 500,000 who are screened for lung cancer and 2.5 million who are eligible would risk losing free screenings.
The Supreme Court will hear oral arguments in the case on April 21.
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