Braidwood Mgmt. v. Becerra & a Texas district court’s decision to stop enforcement of preventive care coverage requirements under the ACA
Date
2023-06-28
Authors
Geisler, Sabrina
Version
Published version
OA Version
Citation
Geisler S. Braidwood Mgmt. v. Becerra & a Texas District Court’s Decision to Stop Enforcement of Preventive Care Coverage Requirements under the ACA. American Journal of Law & Medicine. 2023;49(1):112-119. doi:10.1017/amj.2023.19
Abstract
This article discusses how in March of 2023 a District Court in Texas enjoined the U.S. government from enforcing certain preventive care requirements under the ACA for private health insurers. The current order by the Court enjoined enforcement of the ACA preventive care requirements based on those recommendations made on or after the date of March 23, 2010, by the U.S. Preventive Services Task Force. This article discusses the Court’s analysis and the remedy the Court decided on after finding violations under the RFRA and Appointments Clause. The article also discusses the implications and effects of this decision on whether previously covered services that the ACA didn’t allow cost sharing for will now have cost sharing by private health insurers and how that will affect consumers. The article concludes that despite lack of enforcement, private health insurers should not require cost sharing for previously covered services that the ACA didn’t allow cost sharing for before this most recent decision. Cost sharing for previously covered services would increase costs for those enrolled in private health insurance plans and could lead to a reduction in access to preventive services and healthcare.
Description
License
Copyright © The Author(s), 2023. Published by Cambridge University Press. This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution and reproduction, provided the original article is properly cited. This article has been published under a Read & Publish Transformative Open Access (OA) Agreement with CUP.