If the Supreme Court ultimately takes the case and overturns the pillar, this could have a widespread impact on out-of-pocket health care costs, including costs for the HIV-prevention pill, known as PrEP.
A federal appeals court on Friday found unconstitutional a key component of the Affordable Care Act that grants a health task force the effective authority to require that insurers both cover an array of preventive health interventions and screenings and refrain from imposing out-of-pocket costs for them.
The lawsuit centered on the objections of a coalition of small businesses in Texas to the requirement that they cover a drug for HIV prevention, known as PrEP, in their employee health plans. The appeals court did not, however, overturn the related ACA pillar; the practical, immediate impacts of its ruling apply narrowly to the plaintiffs in this case.
Legal experts expect that the case, Braidwood v. Becerra, will ultimately advance to the Supreme Court, given that it poses crucial questions about the constitutionality of the health task force’s effective authority and that of other federal health bodies. Additionally, the current court has demonstrated interest in cases concerning the delegation of congressional authority to agencies and experts.
Repealing the ACA without replacement would result in the immediate loss of healthcare for 45 million Americans. That’s a wildly irresponsible proposal.
Biden tried applying the same pressure by repealing Title 42 without restricting immigration for almost two years, while pressuring Congress to do their job and pass immigration reform. They failed, and now he has to return to restricting entry due to lack of state housing and federal budget.
Republicans don’t care about people as much as they care about winning.