District Court ruling in Texas calls ACA preventive care requirement ‘unconstitutional’

In a ruling that threatens some aspects of preventive care coverage under the Affordable Care Act, a District Court judge in Texas struck down a provision requiring insurers to fully cover preventive services with an “A” or “B” rating under current recommendations from the U.S. Preventive Services Task Force (USPSTF). 

Services included in those recommendations include HIV pre-exposure prophylaxis (PReP), certain cancer screenings recommended for early detection, and other preventive care.

The ACIP offers recommendations on preventive immunizations, and the HRSA offers recommendations on preventive screenings for infants, children, adolescents and women. These recommendations are not affected by the judge’s ruling. 

The new ruling will not take immediate effect, and the Biden administration will have the opportunity to appeal. The next step in the legal process is for the U.S. Department of Health and Human Services and the case’s plaintiffs to file supplemental briefs with proposed remedies. 


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