Home Medizin US-Gericht prüft Obamacare-Mandat zur Abdeckung von HIV-Medikamenten und Krebsvorsorgeuntersuchungen

US-Gericht prüft Obamacare-Mandat zur Abdeckung von HIV-Medikamenten und Krebsvorsorgeuntersuchungen

von NFI Redaktion

(Reuters) – The government of President Joe Biden will urge a U.S. appeals court on Monday to uphold a federal mandate requiring health insurers to cover preventive care services including HIV-preventive medications and cancer screenings at no additional cost to patients.

The preventive care mandate, which covers a wide range of services selected by a federal task force, is part of the Affordable Care Act (ACA) of 2010, often referred to as Obamacare because it was advocated by then-President Barack Obama.

The arguments scheduled for Monday before a three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans stem from a lawsuit filed by a group of companies, including Texas-based Christian wellness center operator Braidwood Management, challenging the requirement to provide coverage for HIV pre-exposure prophylaxis (PrEP).

Braidwood and the other plaintiffs specifically objected to the mandatory PrEP insurance, arguing that it violates their religious beliefs by promoting homosexuality and drug use.

The PrEP medications approved in the United States to prevent HIV infection, which can lead to AIDS, are manufactured by Gilead Sciences and ViiV Healthcare, a joint venture of GSK, Pfizer, and Shionogi.

U.S. District Judge Reed O’Connor in Fort Worth went further than the plaintiffs requested in March 2023, blocking the federal government from enforcing the mandate for a wide range of services. O’Connor found that the law gives too much power to officials on the task force who are not appointed by the president and confirmed by the Senate, a violation of the U.S. Constitution.

O’Connor’s ruling has been largely put on hold during the appeal due to an agreement between Braidwood and the Biden administration, allowing Braidwood to opt out of covering PrEP.

If O’Connor’s ruling goes into effect, insurers could impose copayments and deductibles on patients for preventive services.

The ruling does not apply to services recommended by the task force before the ACA went into effect in 2010, including breast cancer screenings.

Two members of the 5th Circuit Court, Judges Don Willett and Cory Wilson, were appointed by former Republican President Donald Trump, while the third, Judge Irma Carrillo Ramirez, was appointed by Democrat Biden.

O’Connor made headlines in 2018 for striking down Obamacare entirely. This ruling was largely overturned by the 5th Circuit and then fully reversed by the U.S. Supreme Court.

(Reporting by Brendan Pierson in New York; Editing by Will Dunham and Alexia Garamfalvi)

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