Attorney General Kwame Raoul has spearheaded a coalition of 23 attorneys general in filing an amicus brief with the U.S. Supreme Court. The brief requests the court to protect a crucial provision of the Affordable Care Act (ACA) that ensures access to preventive health care services for millions of Americans. The coalition is urging the Supreme Court to overturn a lower court's ruling, which deemed the structure of the U.S. Preventive Services Task Force unconstitutional—a decision that could hinder access to essential medical care.
Before the ACA was enacted, many Americans faced difficulties affording preventive services like cancer screenings, which were often not covered by insurance despite their potential to save lives. To address this issue, Congress included a provision in the ACA mandating most private insurance plans cover preventive services recommended by the task force without out-of-pocket costs such as copayments or deductibles.
"Access to preventive health services saves lives and reduces long-term costs within the health care system," stated Raoul. "Every American deserves access to preventive health care services like cancer screenings that can catch serious health concerns before they have progressed beyond a point where they can be treated. As a cancer survivor, I am committed to continuing to collaborate with other attorneys general to preserve lifesaving health care."
The coalition has requested that the Supreme Court reverse the decision made by the U.S. Court of Appeals for the 5th Circuit in Kennedy v. Braidwood Management Inc. The brief argues that this decision is incorrect because members of the task force are constitutionally appointed and supervised by the secretary for the Department of Health and Human Services. It further warns that prohibiting enforcement of this provision could create significant gaps in health coverage that states cannot fill due to federal restrictions on regulating certain insurance plans.
Since its enactment in 2010, this ACA provision has reportedly improved public health outcomes by expanding access to preventive services, with approximately 76 million Americans gaining expanded coverage within four years of its passage. By 2020, an estimated 151.6 million people were enrolled in private insurance plans covering preventive services at no cost.
The provision is credited not only with saving lives but also reducing socioeconomic, racial, and ethnic disparities in healthcare through expanded access.
Joining Attorney General Raoul in filing this brief are attorneys general from Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island Vermont Washington and Wisconsin.