Affordable Care Act

Braidwood Management, Inc., et al., v. Xavier Becerra as Secretary of Health and Human Services, et al. (Filed: 6/27/2023)
This case involves a challenge to the Affordable Care Act’s (ACA) preventative service coverage requirement on the grounds that it violates religious beliefs and the Appointments Clause because the advisory boards were not appointed by the President and approved by Congress. A district court judge struck down some of the preventative coverage requirements, but this decision was stayed in appeals court. This brief was filed on behalf of Secretary Becerra in defense of the preventative service coverage requirement.

ACP has several policy statements supporting coverage of preventive services without cost sharing, including support for all insurance plans to cover an evidence-based essential health benefit package. In this amicus brief, the interested parties argue that encouraging patients to obtain preventative care improves health outcomes and the overall functioning of the health system. Additionally, they argue that the ACA significantly expanded access to no-cost preventative care and affirming the judgement to strike down some of the preventative coverage requirements would imperil access to preventative care for millions of Americans.

Xavier Becerra, Secretary, U.S. Department of Health and Human Services, et al., v. Braidwood Management, Inc. et al. (Filed: 10/21/2024)
In June 2024, the Fifth Circuit Court of Appeals ruled that the requirement to cover USPSTF-recommended preventive services without cost-sharing was unconstitutional. However, the decision only applies to the plaintiffs, rather than all health plans nationwide, so the plaintiff is no longer required to abide by the preventive services coverage mandate. The federal government has appealed the ruling and filed a petition for writ of certiorari requesting the U.S. Supreme Court consider the case. This brief was filed in support of the federal government's petition for certiorari, requesting the U.S. Supreme Court consider and reverse the lower court's decision.

Robert F. Kennedy, Jr, Secretary, U.S. Department of Health and Human Services, et al., v. Braidwood Management, Inc. Et al. (Filed: 2/25/2025)
On January 10, 2025, the Supreme Court granted the petition for certiorari and will hear this case. This brief was filed in the merit stage of the case and argues that preventative care recommendations increase access to care, improve health outcomes, save lives, and reduce cost burdens for individuals and the national health care system.

See additional relevant ACP advocacy in the Access to Care section.