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DOJ appeals Texas court decision blocking preventive care coverage

While Texas decision eliminated constitutional grounds for coverage it doesn't mean insurers would stop the benefit, says legal expert.

Susan Morse, Executive Editor

Photo: The Good Brigade/Getty Images

The Department of Justice has appealed a decision by a Texas court to block preventive care covered under the Affordable Care Act for HIV, reproductive health and other interventions.

The appeal was filed on March 31 in the U. S. District Court for the Northern District of Texas. 

WHY THIS MATTERS

Dorian Smith, national practice leader for Mercer's Law & Policy Group, said in a statement that the Texas decision eliminated constitutional grounds for coverage requirements for preventive services, but that doesn't mean insurers would stop coverage.

"Even before the ACA, no or low-cost preventive services were already a common benefit in employer group health plans, and we do not expect to see employers scale this back in the short-term, as a commitment to workforce health and wellness has only grown in recent years," Smith said. "Importantly, employers will still be allowed to voluntarily provide coverage for preventive services without participant cost-sharing. The ruling only removes the requirement, not the ability, for employers and insurers to provide such no-cost coverage." 

THE LARGER TREND

In late March. the Texas court blocked preventative care coverage, including for HIV, cancer, and a range of reproductive health interventions, mandated in the Affordable Care Act

The decision in Braidwood v. Becerra applied nationwide and took effect immediately. Most health insurance plans were no longer required to cover many preventive healthcare services at no cost to the consumer.

Twitter: @SusanJMorse
Email the writer: SMorse@himss.org

Scott McKeithen, Marleen Welsh and Charles Baschnagel will offer more detail during the HIMSS23 session "Digital Biosurveillance Preparedness." It is scheduled for Thursday, April 20 at 4 – 5 p.m. CT at the South Building, Level 5, room S501.