Supreme Court to hear Obamacare no-cost preventive care dispute

The Supreme Court will hear a case deciding the fate of free preventive services under the Affordable Care Act

In a brief order issued Friday, the justices said they would consider whether members of the U.S. Preventive Services Task Force were constitutionally appointed.

The Affordable Care Act requires insurers and group health plans to cover more than 100 preventive health services recommended by the task force at no cost to patients.

Four individuals and two small businesses have sued the task force’s structure over its recommendations for the HIV-prevention drug preexposure prophylaxis (PrEP).

The Biden administration appealed to the Supreme Court after the 5th US Circuit Court of Appeals ruled that members of the task force are “principal” officials under the Constitution who must be nominated by the president and confirmed by the Senate.

“The court’s holding jeopardizes health care protections that have existed for 14 years and that millions of Americans currently enjoy,” the Justice Department wrote in its Supreme Court petition.

The government had the support of Democratic attorneys general of 23 states and Washington, D.C., as well as various public health organizations.

Challengers represented by the America First Legal Foundation and conservative attorney Jonathan Mitchell agreed the case should be taken.

“Respondents disagree with the Solicitor General’s criticism of the Court of Appeals, as well as with the dire predictions of what could happen if the Court of Appeals ruling is allowed to stand,” Mitchell wrote in the court filing.

“But none of these disagreements affect the facts of this case. The petition satisfies this Court’s criteria for certiorari and presents an issue of exceptional importance,” he continued.

PrEP has been available in the United States since 2012, and has grown in popularity in recent years. When taken as prescribed, it reduces the risk of contracting HIV by about 99 percent.

The 5th Circuit’s ruling narrowed the lower judge’s decision by refusing to block the nationwide task force’s recommendations. So far, they have only been blocked as applicable to Braidwood Management, the only plaintiff in the lawsuit currently participating in the healthcare market.

Contributed by Nathaniel Wicksell.