Fact checked byShenaz Bagha

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June 14, 2023
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Pact allows ACA to require preventive services amid legal battle

Fact checked byShenaz Bagha
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Key takeaways:

  • The agreement for now preserves cost-free preventive care coverage for millions of Americans under the Affordable Care Act.
  • The covered services in the court case include HIV prevention and cancer screenings.

The U.S. government can continue requiring insurance plans to cover services, including HIV prevention and certain cancer screenings, while legal proceedings over Affordable Care Act mandates continue, the Associated Press reported.

An agreement overseen by the 5th U.S. Circuit Court of Appeals will preserve cost-free preventive care nationwide for millions of Americans amid ongoing uncertainty surrounding the ACA mandates.

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The agreement for now preserves cost-free preventive care coverage for millions of Americans under the Affordable Care Act. Image: Adobe Stock.

In March, Judge Reed O’Conner ruled that the ACA’s mandate for employers and insurers to cover some preventive services given “A” or “B” recommendations by the U.S. Preventive Services Task Force without cost-sharing requirements was unconstitutional.

The plaintiffs of the case, Braidwood Management v. Xavier Becerra, argued that requiring coverage of certain services — like contraceptives, HIV preexposure prophylaxis and screenings and behavioral counseling for drug use and STDs — violated employers’ religious rights.

In return for their agreement to the partial stay, the plaintiffs will be allowed to provide insurance plans that do not offer preventive services during the appeals process. If O’Connor’s ruling is reversed, they will not be penalized for having dropped the services during appeals.

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