The Supreme Court ruled to retain the preventive health insurance of the European Health Insurance, affecting 150 million people
The Supreme Court ruled 6-3 on the 27th, overturning the appeals court’s ruling and retaining the key preventive health insurance requirement of the Affordable Care Act (ACA), commonly known as “Obamacare”. This key requirement helps ensure that health insurance companies provide patients with preventive medical services such as cancer screening and HIV prevention drugs at no charge, affecting 150 million people.
The Supreme Court’s ruling involved a lawsuit filed in 2020 by Christian employers and Texas residents; the plaintiffs believed that they should not be forced to provide full insurance for HIV prevention drugs and certain cancer screening programs. They questioned the unconstitutionality of the US Preventive Services Task Force, a medical expert committee whose members were not nominated by the president or confirmed by the Senate, but were responsible for recommending which medical and drug services should be included in health insurance. The Fifth Circuit Court of Appeals supported the plaintiffs’ view, believing that the arrangement of the panel was invalid and rejected some of the preventive health insurance requirements.
Although President Trump has often criticized Obamacare in the past, his administration defended the injunction in the Supreme Court. The Justice Department said members of the U.S. Preventive Services Task Force do not need Senate approval because they can be fired by the health secretary.
The six justices, led by Brett Kavanaugh, wrote the majority opinion, with three dissenting justices: Clarence Thomas, Samuel Alito and Neil Gorsuch.
Kavanaugh wrote that the task force members are fully supervised by the health secretary and are “low-level officials” who do not need to be appointed by the president and confirmed by the Senate. Task force members can be removed by the health secretary, and their recommendations can be reviewed by the secretary before they take effect.
The Supreme Court’s ruling means that most insurance plans must continue to provide certain tests and treatments that are life-saving at no charge. Drugs and services that may be affected by the ruling include statins to lower cholesterol, lung cancer screenings, HIV prevention drugs and drugs to reduce the risk of breast cancer in women.
Public health advocates had worried that the Supreme Court would allow insurance companies to charge copays and deductibles for such services, making them inaccessible to many Americans.
