Over a decade has passed since the Affordable Care Act (ACA) became law, requiring certain preventive services to be covered without patient cost-sharing, including lung cancer screening for those at high risk and tobacco cessation coverage. A federal court case, Braidwood v Becerra, challenges the ACA’s requirement that most plans cover preventive services without cost-sharing.
U.S. District Judge O’Connor ruled in September 2022 that the USPSTF coverage requirement must be vacated and cannot be enforced by the U.S. Department of Health and Human Services. On March 30, the judge ruled that all ACA-compliant plans including employer-sponsored and Medicaid expansion plans are no longer required to cover USPSTF preventive services that were decided upon after March of 2010, without cost-sharing. Judge O’Connor declined to stay his remedy through the appeals process; the 5th Circuit Court of appeals has stayed the decision pending their review of the case.
We have information on what is happening in the case and key resources to help protect access to preventive services without cost-sharing.
- Health Groups Amicus Brief Braidwood v Becerra for 5th Circuit Court (June 27, 2023)
- Health Groups Amicus Brief Braidwood v Becerra Stay (April 27, 2023)
- Patient Groups Amicus Brief Braidwood v. Becerra (November 30, 2022)
- Health Groups Applaud Stay on Braidwood v Becerra Lawsuit to Protect Coverage for Preventive Services (May 15, 2023)
- Protect Our Care Discusses Amicus Briefs Ahead of the Upcoming Stay Decision in Braidwood Case (May 11, 2023)
- Leading Health Organizations Urge Fifth Circuit to Protect Access to Preventive Services (April 28, 2023)
- 52 Patient Groups Applaud Justice Department’s Stay Request in Braidwood Lawsuit (April 13, 2023)
- 23 National Health Organizations Comment on Braidwood v. Becerra Ruling that Threatens No-Cost Preventive Care (March 30, 2023)
- U.S. District Court Ruling Jeopardizes Access to Proven, Life-Saving Preventive Care (March 30, 2023)
- Patient Groups Urge U.S. District Court to Preserve Preventive Services Coverage Requirement (November 30, 2022)
- Statement from Patient Groups in Response to Ruling in Braidwood v Becerra (formerly known as Kelley v Becerra) (September 8, 2022)
- Patient Organizations Warn of Lawsuit that Threatens Coverage for Preventive Services and Immunizations (July 22, 2022)
- Coverage of Preventive Services without Cost-Sharing: Impact on Lung Cancer Screening & Opportunities for States (May 24, 2023)
- National Landscape: State Coverage of Preventive Services and Tobacco Cessation Treatment (May 24, 2023)
- Court Challenges to Preventive Services Requirements: Implications for Helping People Quit Tobacco (May 4, 2023)
- Preventive Services Impacted by Braidwood v Becerra (April 19, 2023)
Page last updated: August 1, 2023