The Supreme Court will hear a case determining the fate of free preventive services under the Affordable Care Act.
In a brief order issued Friday, the justices said they will consider whether members of the U.S. Preventive Services Task Force were constitutionally appointed.
The Affordable Care Act requires insurers and group health plans to cover more than 100 preventive health services recommended by the task force, with no cost to patients.
Taking issue with its recommendation of HIV-prevention drug preexposure prophylaxis (PrEP), four individuals and two small businesses sued over the task force’s structure.
The Biden administration appealed to the Supreme Court after the 5th U.S. Circuit Court of Appeals ruled the task force members are “principal” officers under the Constitution who must be nominated by the president and confirmed by the Senate.
“The court’s holding jeopardizes healthcare protections that have been in place for 14 years and that millions of Americans currently enjoy,” the Justice Department wrote in its Supreme Court petition.
The government was backed by Democratic attorneys general from 23 states and Washington, D.C., as well as various public health associations.
The challengers, represented by the America First Legal Foundation and conservative attorney Jonathan Mitchell, agreed that the case should be taken up.
“The respondents disagree with the Solicitor General’s criticisms of the court of appeals’ opinion, as well as her dire predictions of what might happen if the court of appeals’ ruling is allowed to stand,” Mitchell wrote in court filings.
“But none of those disagreements affect the certworthiness of this case. The petition satisfies this Court’s criteria for certiorari and presents an issue of exceptional importance,” he continued.
PrEP has been available in the U.S. since 2012, and its popularity has risen in recent years. When taken as prescribed, it reduces the risk of contracting HIV by about 99 percent.
The 5th Circuit’s ruling narrowed a lower judge’s decision by refusing to block the task force’s recommendations nationwide. As of now, they are only blocked as applied to Braidwood Management, the only plaintiff in the case currently participating in the health care market.
Nathaniel Weixel contributed.
