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Preserving Access to Preventive Care: Biden Administration's Resolute Deal Amid Legal Challenge

Written by : Arun Ramalingam

June 14, 2023

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In a significant development, the Biden administration has reached a finalized deal aimed at upholding the federal mandate that requires health insurers in the United States to provide coverage for preventive care, including cancer screenings and HIV-preventing medication, without any additional costs to patients. The agreement comes as the mandate faces a legal challenge. The administration currently pursues an appeal against a court order that struck it down.

The Agreement to Preserve the Preventive Care Mandate for all

The Biden administration's agreement, which was first disclosed on Friday and has now been officially filed with the 5th U.S. Circuit Court of Appeals in New Orleans, solidifies the preservation of the federal mandate regarding preventive care. This ensures that health insurers across the country continue to provide coverage for vital preventive services, even as the legal battle continues. By upholding the mandate during the appeal process, the administration seeks to maintain access to essential healthcare services for the American population.

Background and Significance of the Preventive Care Mandate

The preventive care mandate, a crucial component of the Affordable Care Act (ACA) widely known as Obamacare, encompasses a range of services recommended by a federal task force. These services have played a significant role in expanding access to preventive care for millions of Americans, promoting early detection of diseases such as cancer, and ensuring access to critical medications like PrEP for HIV prevention. The mandate has had a substantial impact on public health, benefiting over 150 million people who were eligible for cost-free preventive care under the ACA as of 2020, according to data from the U.S. Department of Health and Human Services.

Braidwood Management

As part of the agreement, Braidwood Management, a Texas-based company that is among the plaintiffs challenging the preventive care mandate, has been granted temporary relief from covering pre-exposure prophylaxis (PrEP) for HIV and other preventive services for its employees. This accommodation acknowledges the ongoing legal proceedings and the specific concerns raised by the plaintiffs. Furthermore, the administration has committed not to take any retroactive enforcement action against Braidwood Management, an alternative health center, if the mandate is reinstated following the appeal process, but time will tell what steps the Biden administration will take once this appeal starts to finalize

Legal Challenges and the road ahead

Braidwood and other plaintiffs brought forth a lawsuit specifically challenging the inclusion of PrEP for HIV under the preventive care mandate. They argued that this requirement violated their religious beliefs as it allegedly encouraged behaviors they found objectionable. Stating aspects such as homosexuality and drug use violated their core beliefs. U.S. District Judge Reed O'Connor in Fort Worth, Texas, issued a ruling in March that prevented the federal government from enforcing the mandate for a broader range of services, limiting its services. Judge O'Connor determined that the role of the federal task force in the ACA violated the U.S. Constitution.

Going from here

The finalized agreement by the Biden administration to preserve the federal mandate for preventive care coverage ensures that health insurers must continue to provide these essential services without extra costs for patients. While accommodations have been made for specific plaintiffs during the ongoing legal challenge, the broader aim is to protect access to preventive care for the millions of Americans who rely on it, but these accommodations may hinder it. The outcome of this legal battle will have implications for the future of healthcare coverage and the continued support for public well-being.


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