In a recent decision, the U.S. Court of Appeals for the 5th Circuit upheld the Affordable Care Act’s requirement that private health insurance cover preventive services without cost-sharing for patients. However, the court ruled in favor of two Christian-owned companies, Braidwood Management and Kelley Orthodontics, allowing them an exemption from complying with this mandate based on religious objections.
The plaintiffs argued that the ACA’s mandate to cover contraception, HPV vaccines, and HIV prevention medications for free violated their religious beliefs. They specifically challenged the authority of the U.S. Preventive Services Task Force (USPSTF), asserting that recommendations from this group lacked constitutional validity because its members are not confirmed by the Senate.
Previously, a district court sided with the employers, but the 5th Circuit overturned this decision, stating that while the district court had overreached by nullifying the mandate nationwide, it agreed that the USPSTF lacked proper constitutional authority to issue binding recommendations.
As a result of this ruling, the 5th Circuit mandated that members of the USPSTF must be nominated by the president and confirmed by the Senate in the future. However, the court did not resolve the issue of whether other groups, like the Advisory Committee on Immunization Practices and the Health Resources and Services Administration, have the authority to recommend free preventive services.
This case has significant implications, potentially affecting access to preventive services for millions of Americans covered by employer-provided health insurance, a group comprising approximately 164 million people. Advocacy groups have expressed relief at the preservation of these health care benefits for now but remain concerned about future challenges that could undermine access to preventive care.