A federal appeals court has weighed in on whether former President Barack Obama's signature health care law must fully cover certain types of preventive health care, including HIV prevention and some types of cancer screening. is scheduled to be heard.
NEW ORLEANS — A federal appeals court ruled Monday whether former President Barack Obama's signature health care law requires full coverage of certain types of preventive health care, including HIV prevention and some types of cancer screenings. He was scheduled to hear arguments on the matter.
A federal judge in Texas said last year that's not the case. U.S. District Judge Reed O'Connor in Fort Worth ruled that some of the 2010 law's preventive health requirements were unconstitutional. If upheld, his ruling could affect coverage and costs for 100 million to 150 million people, according to an analysis by health care advocacy groups.
The indemnification obligation remains in effect for now. O'Connor's ruling applied nationwide, but was put on hold pending arguments in the 5th Circuit Court of Appeals in New Orleans.
Not all preventive medicine was threatened by the O'Connor decision. According to an analysis by the nonprofit KFF Foundation, some screenings, such as mammography and cervical cancer screening, will continue to be self-administered because they were recommended by the task force before the medical law was enacted in March 2010. It turns out that you can receive it at no cost.
The Biden administration is appealing the ruling. Meanwhile, the plaintiffs in the case are filing a cross-appeal that could expand on O'Connor's ruling and put more preventive health obligations at risk, according to the advocacy group United States of Care. .
Coverage requirements are determined by recommendations from the volunteer U.S. Preventive Services Task Force. Mr O'Connor ruled that forcing the recommendations was “unlawful” and violated the Constitution's Appointments Clause, which sets out how government officials are appointed.
Monday's debate is the latest in more than a decade of conservative efforts to chip away at the Affordable Care Act, also known as Obamacare. O'Connor was the judge who struck down the entire law in 2018, a ruling that was later overturned by the Supreme Court.
