The U.S Justice Department is now trying to block a Texas federal judge’s ruling that would no longer require insurers and employers to provide free preventive care for some services.
An estimated 100 million people a year utilize free preventive care mandated under the Affordable Care Act.
“This is a very important and highly valued benefit for many people,” said Alina Salganicoff, Senior Vice President of KFF, a nonprofit focusing on healthcare policy analysis.
Under a ruling issued Thursday, U.S. District Court Judge Reed O’Connor struck down the recommendations that have been issued by the U.S. Preventive Services Task Force, which is tasked with determining some of the preventive care treatments that Obamacare requires to be covered. O’Connor ruled that enforcing the recommendations was “unlawful” and a violation of the Constitution’s Appointment Clause, since the task force members are volunteers and not confirmed by Congress.
A wide range of services could be affected, including lung cancer and skin cancer screenings, as well as drugs for breast cancer prevention, HIV prevention and cholesterol-lowering medication. Instead of being covered 100%, patients would have to pick up part of the tab through co-pays and deductibles.
“We could be talking real dollars,” Salganicoff said. “These are drugs that you take over the course of the rest of your life, so those costs could definitely add up over time.”
Other preventive services that pre-date Obamacare or were approved outside the task force would not be affected. Those include women’s health services such as mammograms and cervical cancer screenings.
The U.S. Justice Department appealed the Texas judge’s ruling Friday, sending the case to the conservative Fifth Circuit Court of Appeals. Previous rulings by Judge O’Connor related to the Affordable Care Act were heard by the U.S. Supreme Court.