What’s Next After Judge Strikes Down Preventive Care Mandate?

A federal judge in Texas has struck down the preventive care mandate, a provision of the Affordable Care Act (ACA) that requires most health insurance plans to cover certain preventive services without cost-sharing. The decision is a major blow to the ACA, and it is likely to have a significant impact on the availability of preventive care for millions of Americans.

Background

The preventive care mandate was enacted as part of the ACA in 2010. It requires most health insurance plans to cover a range of preventive services without cost-sharing, meaning that patients do not have to pay a copay, deductible, or coinsurance for these services. The covered services include things like annual checkups, screenings for cancer and other diseases, and immunizations.

The preventive care mandate has been controversial since it was enacted. Some people argue that it is an important part of the ACA that helps to ensure that everyone has access to preventive care, while others argue that it is an example of government overreach that interferes with the doctor-patient relationship.

The Court’s Decision

In a ruling issued on December 31, 2022, U.S. District Judge Reed O’Connor struck down the preventive care mandate. Judge O’Connor found that the mandate exceeds the federal government’s authority under the Commerce Clause of the Constitution. He also found that the mandate violates the Religious Freedom Restoration Act (RFRA) because it requires religious employers to provide coverage for services that they object to on religious grounds.

What’s Next?

The decision is likely to be appealed to the Fifth Circuit Court of Appeals, and it could eventually make its way to the Supreme Court. If the decision is upheld, it would have a significant impact on the availability of preventive care for millions of Americans. Many health insurance plans would no longer be required to cover preventive services without cost-sharing, which would make them more expensive for patients. This could lead to fewer people getting preventive care, which could in turn lead to more serious health problems and higher health care costs down the road.

The decision could also have a ripple effect on other parts of the ACA. If the preventive care mandate can be struck down, other provisions of the law could be vulnerable to legal challenges as well. This could threaten the entire ACA, which has provided health insurance to millions of Americans and made it possible for people with pre-existing conditions to get coverage.

The decision is a major setback for the ACA, and it is unclear what the future of the law will be. The case is likely to be closely watched by policymakers, health care providers, and consumers alike as it makes its way through the courts.