Supreme Court likely to uphold ACA preventive care provision, analysts say
The Associated Press (AP) is reporting that the Supreme Court “seemed likely to uphold” a provision of the Affordable Care Act (ACA)—informally known as ObamaCare—that requires insurers to cover preventative medical care, such as routine bloodwork, certain medications, and annual physicals.
According to the AP’s Washington, D.C. court and criminal justice reporter Lindsay Whitehurst, the typically divided court seemed rather united in its skeptical questioning of plaintiffs, including individuals and small businesses, who have challenged the process of U.S. Preventive Services Task Force, a department of Health and Human Services that makes recommendations for procedures and treatments deemed to be “preventative health” under the ACA, thus guaranteeing payment by health plans.
The plaintiffs argue —without nominees of the current President overseeing the task force—its work in shaping and enforcing the law is unconstitutional. The challenge to the department—and the associated provision of the ACA—was first brought in 2019, after PrEP, an HIV preventative, was controversially designated as covered.
After numerous appeals, the Supreme Court is now examining if the law and the process are legal. According to AP, conservative justices Brett Kavanaugh and Amy Coney Barrett seemed to side with the court’s liberal wing, agreeing with the defendants representing the federal government that neither the department task force nor the wording of the ACA are unconstitutional.
Amy Howe at SCOTUSBlog agreed, writing in her analysis that “Kavanaugh, for example, told [the attorney for the plaintiffs] that the Supreme Court does not normally interpret laws to create independent agencies without stronger language than the text at issue here. In such cases, Kavanaugh noted, the law usually specifically requires agency officials to be nominated by the president and confirmed by the Senate, and indicates that they can only be removed for a good reason.”
Both outlets added that Justice Samuel Alito, on the other hand, seemed content to side with the plaintiffs, who argued the law is too broad in effectively allowing this one HHS department to fully determine what “preventative” care is.
While the ACA demands such care be covered, it opted not to provide a list of covered treatments and services, in favor of HHS making the decision as time goes on. If the Supreme Court rules in favor of the plaintiffs, it would effectively end one of the few guarantees of coverage in the law, sending the decision back to insurance companies.
The court is expected to release its decision sometime this summer.
Chad is an award-winning writer and editor with over 15 years of experience working in media. He has a decade-long professional background in healthcare, working as a writer and in public relations.