HIV protection, cancer screenings could cost more if 'Obamacare' loses latest court battle
Share this @internewscast.com

NEW ORLEANS – A judge’s order that would eliminate requirements that health insurance plans include cost-free coverage of HIV-preventing drugs, cancer screenings and various other types of preventive care should remain on hold while it is appealed, the Biden administration argued before an appellate panel Tuesday.

It’s the latest legal skirmish over mandates in former President Barack Obama’s signature health care law, commonly known as “Obamacare,” which took effect 13 years ago.

Enforcing the judge’s order could jeopardize preventive care for at least some of an estimated 150 million insured people, Alisa Klein, arguing for the administration, told three 5th U.S. Circuit Court of Appeals judges in New Orleans.

Jonathan Mitchell, arguing for the law’s challengers, said a stay on the ruling is unnecessary. Insurers and employers who provide employee health insurance would be unlikely to drop preventive coverage before the case is finally resolved because they would risk prosecution if they lose, he argued. “No rational employer or insurer can take the risk,” he said.

That drew a skeptical response from Judge Leslie Southwick. “I don’t quite see how that fits into our analysis,” said Southwick, who during the hearing asked attorneys to try to reach an agreement on how and when the lower court ruling should be enforced pending appeal. “You may be right, but it really is speculation if you want us to apply some of our sense of how insurance companies react.”

The March ruling by U.S. District Judge Reed O’Connor affected requirements for coverage driven by recommendations by the U.S. Preventive Services Task Force. O’Connor ruled that because the task force is made up of volunteers, enforcing its recommendations violates the Constitution’s Appointment Clause, which lays out how government officials can be appointed.

As appeals continue, the administration isn’t attempting to block immediate enforcement of O’Connor’s ruling as it applies to the handful of Texas plaintiffs who filed suit. But it should not apply to the millions of people affected nationwide, Klein argued.

Southwick questioned that assertion. “Once the district court decided that all these decisions were beyond the authority of the body that made it, I’m not sure what relief would have been appropriate,” he said.

Not all preventive care is affected under the judge’s ruling. An analysis by the nonprofit KFF foundation found that some screenings, including mammography and cervical cancer screening, would still be covered without out-of-pocket costs because the task force recommended them before the health care law was enacted in March 2010.

O’Connor, a nominee of former President George W. Bush, is the same judge who ruled more than four years ago that the entire Obama health care law was unconstitutional. That ruling was overturned by the U.S. Supreme Court.

Those suing the federal government in this case include a conservative activist and a Christian dentist who oppose coverage for contraception and HIV prevention on religious grounds. The appellate judges are Edith Brown Clement and Southwick, who were also nominated by Bush; and Stephen Higginson, nominated by Obama.

An immediate ruling is not expected.

Copyright 2023 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.

Share this @internewscast.com
You May Also Like

Polish Ambassador Demands Canada Apologise Over Nazi ‘Hero’ Scandal

Witold Dzielski, the Ambassador of Poland to Canada, proclaimed that Poland is the…

Golden Globes Expel 3 Voters Over Alleged Code Of Conduct Violations

EXCLUSIVE: Three Golden Globes voters, Howaida Hamdy, Munawar Hosain and Aniko Navai,…

Patrick Schweitzer Appointed CEO Of Red Production Company

Studiocanal has named Patrick Schweitzer as CEO of its UK-based It’s a…

Biden, Trump to join striking auto workers in Michigan this week

DETROIT () — The top 2024 presidential candidates are heading to the…

Missouri says clinic that challenged transgender treatment restrictions didn’t provide proper care

Missouri officials struck back at one of the clinics that unsuccessfully challenged…

Ukraine claims attack on Russian navy headquarters in Crimea killed 34, including fleet commander

Russia reported significantly fewer losses, only saying that one soldier was missing…

Michigan Toddler Found Safe Three Miles Down Wooded Trail

A two-year-old, accompanied by her family’s two dogs, walked over three miles…

Writers Guild of America and Alliance of Motion Picture and Television Producers reach a tentative deal to end their strike after nearly 5 months

Following five months of deliberation, the Writers Guild of America have struck…

Jewish Group Slams Canadian Parliament for Honoring Nazi During Zelensky Visit

Friends of the Simon Wiesenthal Center, a Canadian Jewish human rights organization,…

Newborn baby in Kentucky is dubbed 'Mini Hulk' after lymphangioma condition left her with bulging arms and torso

A newborn has been nicknamed ‘baby hulk’ after a rare condition caused…

Monday night’s $785M Powerball jackpot is 9th largest lottery prize. Odds of winning are miserable

The winless streak is due to the miserable odds of winning the…

‘The Nun II’ Tops $200M Global, ‘Jawan’ Now Biggest Bollywood Movie Ever In India – International Box Office

While a fairly quiet frame overall, there were some significant milestones this…