Braidwood Management, Inc. et al. v. Xavier Becerra et al.

Docket No.
23-10326
Appellate Court
Fifth Circuit

Goal

  • Eliminate guaranteed access to preventive services with no cost-sharing
  • Exempt the plaintiffs from the requirement
  • Invalidate the provision

Litigation Content

Why this Matters

The plaintiffs argue that the Affordable Care Act’s preventive services requirement is unconstitutional because it violates the Appointments Clause, the nondelegation doctrine, and the Religious Freedom Restoration Act. The preventive services requirement is a popular provision of the law that has been in effect since 2010 and extends coverage of evidence-based preventive services (such as cancer screening, tobacco cessation, contraception, and immunizations), without cost-sharing, to more than 150 million people each year. That guaranteed benefit could go away if the courts agree with the plaintiffs.

Potential Impact

Striking down the requirement for insurers and employers to cover preventive services without cost-sharing would jeopardize access to needed services for consumers.

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