Massachusetts Attorney General Andrea Joy Campbell, along with 22 other attorneys general, has submitted an amicus brief to the U.S. Supreme Court. The brief requests the reversal of a decision by the U.S. Court of Appeals for the 5th Circuit concerning a key provision of the Affordable Care Act (ACA). This provision ensures access to preventive health care services for millions across the United States.
The coalition is challenging the 5th Circuit's ruling in Braidwood Management Inc. v. Becerra, which declared that the structure of the U.S. Preventive Services Task Force is unconstitutional. According to Attorney General Campbell and her colleagues, this decision could significantly hinder access to essential medical care.
Before the ACA was enacted, many Americans found it difficult to afford preventive services like cancer screenings due to lack of insurance coverage. The ACA addressed this issue by mandating that most private insurance plans cover preventive services recommended by the task force without additional costs such as copayments or deductibles.
The coalition argues that reversing this decision is crucial because it incorrectly claims that the task force exercises unconstitutional authority over insurance plans. They assert that task force members are constitutionally appointed and supervised by the Secretary for the Department of Health and Human Services.
According to their brief, since its inception in 2010, this ACA provision has improved public health outcomes by providing expanded access to preventive services at no cost. Within four years after its passage, approximately 76 million Americans gained expanded coverage for one or more preventive services, and as of 2020, around 151.6 million people were enrolled in private insurance plans covering these services without charge.
The coalition emphasizes that maintaining this provision not only saves lives but also reduces disparities in health care related to socioeconomic status, race, and ethnicity.
Joining AG Campbell in this effort are attorneys general from Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington and Wisconsin.