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  • Washington Highlights

    Court Issues Stay in Braidwood, Allows Coverage for Preventive Services in Appeal

    Gayle Lee, Director, Physician Payment & Quality
    For Media Inquiries

    On May 15, the 5th U.S. Circuit Court of Appeals issued an administrative stay in the case of Braidwood v. Becerra, which means that health plans nationwide will be required to continue providing coverage at no cost for certain preventive health care services while the court considers the Justice Department’s motion for a stay pending appeal. 

    On March 31, the federal government appealed a decision from the U.S. District Court for the Northern District of Texas that would have invalidated the mandate under the Affordable Care Act for health plans to cover preventive services without cost-sharing that were recommended by the U.S. Preventive Services Task Force. Under the ruling, plans would no longer be required to provide coverage for preexposure prophylaxis (PrEP) for HIV and other preventive services, such as screenings for breast and lung cancer, and certain colonoscopies. On April 27, the federal government filed a motion for a partial stay to prevent the ruling from taking effect while the appeal is pending. 

    The AAMC on May 4 joined the American Hospital Association, the Catholic Health Association, the Federation of American Hospitals and America’s Essentials Hospitals to file an amicus brief in the 5th Circuit supporting the federal government’s request for a partial to stay to prevent unnecessary disruptions to care while the case is appealed. [refer to Washington Highlights, May 5].