The AAMC on Feb. 24 joined the American Hospital Association, the Catholic Health Association, the Federation of American Hospitals, and America’s Essential Hospitals to file an amicus brief urging the Supreme Court to reverse the 5th U.S. Circuit Court of Appeals decision in Braidwood Management v. Becerra, which invalidates the Affordable Care Act requirement that private health plans cover, without cost-sharing, preventive services recommended by the U.S. Preventive Services Task Force [refer to Washington Highlights, May 5, May 19]. Notably, the 5th Circuit ruled that the task force members were principal officers who had not been validly appointed under the Constitution, and therefore the role of the task force in determining mandatory preventive services under the ACA is unconstitutional. Under this ruling, health plans would no longer be required to provide coverage without cost-sharing for preexposure prophylaxis (PrEP) for HIV and other preventive services, such as screenings for breast and lung cancer, certain colonoscopies, maternal depression, and many more. The 5th Circuit limited relief to just the plaintiffs in the case; however, the court’s constitutional precedent will be binding in future lawsuits filed within its jurisdiction.
The amicus brief states that the “the Task Force’s recommendations and the ACA’s preventive-care coverage provisions protect the lives and improve the health of men, women, and children,” and that “the cumulative societal impact of reimposing cost barriers to these services will be monumental, leading to undiagnosed diseases, shorter lifespans, and higher healthcare spending for everyone.” The brief further emphasizes that the task force’s preventive care recommendations should be “evidence-based and not subject to undue political pressure.” The brief recommends that, if the Supreme Court agrees with the Court of Appeals’ Appointments Clause holding, it should sever the “unconstitutional statutory language” so that the “Task Force can continue to make high-quality, evidence-based preventive care recommendations.” The Supreme Court is scheduled to hear arguments in the case on April 21.