The Supreme Court is set to hear arguments in Kennedy v. Braidwood Management Inc., a case that could impact nearly 40 million Americans who benefit from free preventive health services under the Affordable Care Act (ACA). This legal challenge questions the constitutionality of the ACA’s mandate requiring private insurers to cover certain preventive services without cost to patients. These services include essential screenings and tests recommended by the U.S. Preventive Services Task Force (USPSTF).
A study led by the Stanford Prevention Policy Modeling Lab (PPML) highlights that almost 30% of privately insured individuals, totaling nearly 40 million people, use at least one free preventive service covered under the ACA. “Preventive services are essential health care. Eliminating guaranteed free access to these services would likely lead to lower use of evidence-based screening and treatment interventions, and worse health outcomes,” stated Josh Salomon, PhD, a professor of health policy and director of the Stanford PPML.
The ruling under review was made by a Texas district court, declaring the ACA’s preventive services mandate unconstitutional. Plaintiffs in the case argue that the USPSTF’s recommendations, which lack presidential and Senate appointment, violate the Appointments Clause of the Constitution. They also claim that the mandate to cover HIV prevention medication infringes on religious rights.
Research published in JAMA Health Forum reveals that almost half of privately insured women utilize at least one of the top ten preventive services most threatened by the court’s decision. The study specifically identifies preventive services, including screenings for various cancers and viral infections, that are at risk due to new USPSTF recommendations since the ACA’s enactment.
Lead author Michelle Bronsard, MSc, emphasized, “The decision in this case will be important for millions of people with private insurance, across all states, who are currently benefiting from free preventive services thanks to the ACA mandate.”
The Supreme Court’s decision will address whether these services will remain free under private insurance plans, affecting individuals nationwide who now benefit from these provisions.
