Appeals Court Hears Arguments in Preventive Care Services Case

Photo by Hal Gatewood on Unsplash

( – On Monday, March 4, the Biden administration pressed a U.S. appeals court to preserve the federal mandate that would require insurers to cover specific preventive health care services. Some of the services included in the preventive care mandate are cancer screening and HIV-prevention medication. The mandate demands these be covered without the patients having to deal with any additional costs. 

The preventive care mandate covered several different services that were specified by a federal task force that belonged to the 2010 Affordable Care Act (ACA), which is more often referred to as Obamacare because of the instrumental role that then-President Barack Obama played in getting the act to pass. 

On Monday, the New Orleans-based 5th U.S. Circuit Court of Appeals heard the arguments presented before a three-judge panel. The lawsuit from which this case stems has been brought forward from a coalition of businesses, including a Texas-based Christian wellness center that is objecting to the inclusion of HIV pre-exposure prophylaxis (PrEP) in the requirements.

The center, Braidwood Management, as well as several other plaintiffs, have specifically sued over PrEP being included in the mandatory coverage, arguing that the move was a violation of their religious belief.

The United States-approved drug PrEP can be used to prevent HIV infection, which is known to be the reason for AIDS. 

In March 2023, U.S. District Judge Reed O’Connor in Fort Worth went further than the request of the plaintiffs by pushing for many of the services to be eliminated.

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