Supreme Court to review Obamacare’s no-cost coverage of cancer screenings, heart statins and HIV drugs

The Supreme Court said Friday it will review the constitutionality of the Affordable Care Act’s no-cost coverage mandates for certain preventive care services, putting the landmark health care law in front of the justices again just as President-elect Donald Trump – who tried to repeal the law during his first presidency – returns to the White House.

The Supreme Court said Friday it will review the constitutionality of the Affordable Care Act’s no-cost coverage mandates for certain preventive care services, putting the landmark health care law in front of the justices again just as President-elect Donald Trump – who tried to repeal the law during his first presidency – returns to the White House. While not an existential threat to Obamacare, the case could imperil access Americans have to cost-free preventive treatments and services, including HIV prevention medications, heart statins and various screenings for cancers and other diseases. The cost of some of these preventive services can be substantial, which would deter some people – particularly those with lower incomes – from accessing the care and slow the early detection of potentially deadly illnesses. The 5th US Circuit Court of Appeals ruled that the mandates in question, based on the recommendations of the US Preventive Services Task Force, violated the Appointments Clause of the Constitution because its members are not appointed by the president with Senate confirmation. The 5th Circuit’s ruling was directed at no-cost coverage requirements implemented after Obamacare’s enactment in March 2010. The appellate ruling only blocked the mandates as applied to the challengers of the specific case, a Texas business and several individuals. But both the Biden administration and the challengers agreed that the 5th Circuit’s precedent set the stage for another party to sue to block the mandates nationwide, and both sides had asked the Supreme Court to take up the case. Among the other no-cost coverage mandates that are put at risk by the 5th Circuit ruling are prenatal nutritional supplements, physical therapy for older Americans to prevent falls and lung cancer screenings that, according to the Biden administration, could save the lives of 10,000 to 20,000 Americans a year.