A federal appeals court approved an agreement in the Braidwood v Becerra case that kept the mandate for health plans to cover preventive care services. The agreement did not address the plaintiff’s religious freedom objections to the mandate. The joint stipulation ensures that millions of Americans will continue to have access to preventive care services, such as contraception and PrEP medications. The requirement in the Affordable Care Act for cancer screenings, preventive medications, mental health screenings, and prenatal services remains in place.
In the case of Braidwood v Becerra, the joint stipulation has clarified that the preventive care services mandate does not apply to the plaintiffs involved.
Fortunately, a federal appeals court has approved an agreement between the parties in Braidwood Management v Becerra, ensuring that the mandate, which requires health plans to cover preventive care services based on recommendations from the US Preventive Services Task Force (USPSTF), remains intact.
Initially, the plaintiffs, including Braidwood Management, Inc. from Texas, argued that the preventive care mandate violated the Constitution and the Religious Freedom Restoration Act (RFRA). They contended that they should not be obligated to cover HIV prevention medication as it contradicted their religious freedom due to the “behaviors that make this preventive treatment necessary.”
In March, a US district judge ruled in favor of the plaintiffs, stating that employers and health plans were not required to cover USPSTF-recommended preventive care services. US District Judge Reed O’Connor deemed the mandate unconstitutional and invalidated the USPSTF, claiming that its members were improperly appointed.
The Biden Administration clarified that the judge’s nationwide injunction should have only applied to the plaintiffs involved. However, the recent joint stipulation approved by the Fifth Circuit Court of Appeals ensures that health plans must continue covering preventive care services, including contraceptives and PrEP medications, but exempts the plaintiffs from the mandate.
While the federal government works on appealing Judge O’Connor’s ruling, Braidwood Management cannot be penalized for its refusal to cover USPSTF-recommended preventive care services. Additionally, if the mandate is upheld in the appeal, the Biden administration cannot retroactively penalize the plaintiff.
This agreement is crucial as it ensures that millions of Americans will still have access to essential preventive care services. The Affordable Care Act (ACA) mandates that health plans and employers cover services such as cancer screenings, preventive medications for chronic conditions, mental health screenings, and prenatal services without cost-sharing.
According to data from Peterson-KFF, in 2018, 60 percent of privately insured Americans utilized preventive care services required by the ACA. The most commonly received services included vaccinations, wellness visits, and screenings for heart disease, diabetes, cervical cancer, and breast cancer.
