Experts say a Supreme Court case set for Monday puts that free care guarantee at risk.
ObamaCare requires insurers to cover, without cost-sharing, more than 100 preventive health services recommended by an outside panel of experts called the U.S. Preventive Services Task Force (USPSTF).
The requirement 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.
Without the requirement, health plans and employers can pick and choose which preventive services they cover. Cost-sharing will likely deter patients — particularly those of limited means — from scheduling those procedures.
“We know that if costs are reintroduced, people just don’t seek care,” said Eric Waskowicz, senior state policy manager at the advocacy group United States of Care. “And so I think we all have an interest in keeping no cost preventive care in place.”
The Supreme Court is expected to rule on the case in June.
“The minute that provision gets struck down … we will be back at the mercy of the insurance companies. They’ll still get the same premium from you, but they’ll offer less services,” said Leslie Dach, executive chair of the Democratic-aligned group Protect Our Care.
The lawsuit began in 2022 when a group of conservative Texas employers and individuals challenged the coverage requirement, arguing the task force’s members are not appointed by the president or confirmed by the Senate, yet its recommendations are binding.
Initially, a district court judge agreed with the plaintiffs and invalidated the entire task force. Last year, the 5th U.S. Circuit Court of Appeals sided with the employers but limited the decision to just the eight Texas companies involved in the case, rather than nationwide.
The Biden administration appealed. Then, in a surprising move, the Trump administration earlier this year said it will continue to defend the law.
But some legal experts said the arguments being presented by the Justice Department indicate a desire to give Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. substantial control over an independent government task force.
The administration argues the HHS secretary has the ultimate say over both the recommendations and the individual members of the panel, meaning he can dismiss members or block recommendations he does not agree with.
Even if the court upholds the task force’s constitutionality, “the question will then be, will HHS follow the science and uphold the USPSTF recommendations, or will it take a different course? And that, obviously, is something that everyone will be watching very carefully,” said Andrew Pincus, a partner at Mayer Brown LLP.
Pincus filed a brief on behalf of the American Public Health Association, which argued that invalidating the mandate could increase the costof preventive care and the cost of health care overall, as patients would delay treatment for preventable diseases and emergencies.
Welcome to The Hill’s Health Care newsletter, we’re Nathaniel Weixel, Joseph Choi and Alejandra O’Connell-Domenech — every week we follow the latest moves on how Washington impacts your health.
Did someone forward you this newsletter? Subscribe here.
Essential Reads
How policy will be impacting the health care sector this week and beyond:
Trump administration replaces federal COVID-19 response page with ‘lab leak’ explainer
The Trump White House on Friday replaced the covid.gov website that provided resources and information on COVID-19 with a webpage promoting the theory that the pandemic was a result of a laboratory leak in Wuhan, China, which a House GOP panel strongly favored in a report released last year. The address covid.gov now redirects to a White House webpage titled “Lab Leak: The True Origins of Covid-19.” Prior to this …
Full Story
Trump swears in Mehmet Oz as CMS administrator
President Trump on Friday swore in Mehmet Oz as administrator of the Centers for Medicare and Medicaid Services (CMS), granting the former TV host vast influence over the nation’s largest public health insurance program. At the swearing-in ceremony held in the Oval Office, Trump lauded Oz as an “internationally acclaimed heart and lung surgeon,” quipping “how convenient” it was that Oz attended …
Full Story
Montana reports first measles cases since 1990
Montana public health officials have found five cases of measles in Gallatin County, the first cases of the disease in the Treasure State in more than three decades. Gallatin County is home to the state’s fourth most populated city — Bozeman — and is the second most populated county in the state. A handful of children and adults contracted the disease while traveling outside of Montana, according …
Full Story
In Other News
Branch out with a different read:
Trump administration eyes elimination of program that helps low-income people heat and cool their homes
The Trump administration is considering support for the end of a program that helps low-income people heat and cool their homes. A draft budget request document reviewed by The Hill calls for the elimination of the Low Income Home Energy Assistance Program (LIHEAP) by not providing it any funding at all. The federal budget is controlled by Congress, not the presidential administration, and LIHEAP has historically had bipartisan …
Full Story
Around the Nation
Local and state headlines on health care:
Hawaii’s second measles case found in household member (Star Advertiser)
Texas Health Resources sues over insulin prices, mirroring hundreds in other lawsuits (The Dallas Morning News)
Missouri abortion ban clears House, heads to Senate despite concerns from top Republicans (Missouri Independent)
What We’re Reading
Health news we’ve flagged from other outlets:
Changes at Amazon-owned health services cause alarm among patients, employees (The Washington Post)
One in six abortions is done with pills prescribed online, data shows (The New York Times)
US FDA chief very concerned about fake weight loss drugs (Reuters)
What Others are Reading
Most read stories on The Hill right now:
Salvadoran president mocks Van Hollen, Abrego Garcia meeting
Salvadoran President Nayib Bukele took to social media late Thursday to mock Sen. Chris Van Hollen’s (D-Md.) meeting with Kilmar Abrego Garcia, who … Read more
Big Ten schools creating a ‘mutual defense compact’ against Trump actions
The faculty senates in the Big Ten Academic Alliance are creating a “mutual defense compact” to fight against President Trump’s ongoing attacks on … Read more
You’re all caught up. See you next week!
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Experts say a Supreme Court case set for Monday puts that free care guarantee at risk.
ObamaCare requires insurers to cover, without cost-sharing, more than 100 preventive health services recommended by an outside panel of experts called the U.S. Preventive Services Task Force (USPSTF).
The requirement 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.
Without the requirement, health plans and employers can pick and choose which preventive services they cover. Cost-sharing will likely deter patients — particularly those of limited means — from scheduling those procedures.
“We know that if costs are reintroduced, people just don’t seek care,” said Eric Waskowicz, senior state policy manager at the advocacy group United States of Care. “And so I think we all have an interest in keeping no cost preventive care in place.”
The Supreme Court is expected to rule on the case in June.
“The minute that provision gets struck down … we will be back at the mercy of the insurance companies. They’ll still get the same premium from you, but they’ll offer less services,” said Leslie Dach, executive chair of the Democratic-aligned group Protect Our Care.
The lawsuit began in 2022 when a group of conservative Texas employers and individuals challenged the coverage requirement, arguing the task force’s members are not appointed by the president or confirmed by the Senate, yet its recommendations are binding.
Initially, a district court judge agreed with the plaintiffs and invalidated the entire task force. Last year, the 5th U.S. Circuit Court of Appeals sided with the employers but limited the decision to just the eight Texas companies involved in the case, rather than nationwide.
The Biden administration appealed. Then, in a surprising move, the Trump administration earlier this year said it will continue to defend the law.
But some legal experts said the arguments being presented by the Justice Department indicate a desire to give Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. substantial control over an independent government task force.
The administration argues the HHS secretary has the ultimate say over both the recommendations and the individual members of the panel, meaning he can dismiss members or block recommendations he does not agree with.
Even if the court upholds the task force’s constitutionality, “the question will then be, will HHS follow the science and uphold the USPSTF recommendations, or will it take a different course? And that, obviously, is something that everyone will be watching very carefully,” said Andrew Pincus, a partner at Mayer Brown LLP.
Pincus filed a brief on behalf of the American Public Health Association, which argued that invalidating the mandate could increase the costof preventive care and the cost of health care overall, as patients would delay treatment for preventable diseases and emergencies.
Welcome to The Hill’s Health Care newsletter, we’re Nathaniel Weixel, Joseph Choi and Alejandra O’Connell-Domenech — every week we follow the latest moves on how Washington impacts your health.
Did someone forward you this newsletter? Subscribe here.
Essential Reads
How policy will be impacting the health care sector this week and beyond:
Trump administration replaces federal COVID-19 response page with ‘lab leak’ explainer
The Trump White House on Friday replaced the covid.gov website that provided resources and information on COVID-19 with a webpage promoting the theory that the pandemic was a result of a laboratory leak in Wuhan, China, which a House GOP panel strongly favored in a report released last year. The address covid.gov now redirects to a White House webpage titled “Lab Leak: The True Origins of Covid-19.” Prior to this …
Full Story
Trump swears in Mehmet Oz as CMS administrator
President Trump on Friday swore in Mehmet Oz as administrator of the Centers for Medicare and Medicaid Services (CMS), granting the former TV host vast influence over the nation’s largest public health insurance program. At the swearing-in ceremony held in the Oval Office, Trump lauded Oz as an “internationally acclaimed heart and lung surgeon,” quipping “how convenient” it was that Oz attended …
Full Story
Montana reports first measles cases since 1990
Montana public health officials have found five cases of measles in Gallatin County, the first cases of the disease in the Treasure State in more than three decades. Gallatin County is home to the state’s fourth most populated city — Bozeman — and is the second most populated county in the state. A handful of children and adults contracted the disease while traveling outside of Montana, according …
Full Story
In Other News
Branch out with a different read:
Trump administration eyes elimination of program that helps low-income people heat and cool their homes
The Trump administration is considering support for the end of a program that helps low-income people heat and cool their homes. A draft budget request document reviewed by The Hill calls for the elimination of the Low Income Home Energy Assistance Program (LIHEAP) by not providing it any funding at all. The federal budget is controlled by Congress, not the presidential administration, and LIHEAP has historically had bipartisan …
Full Story
Around the Nation
Local and state headlines on health care:
Hawaii’s second measles case found in household member (Star Advertiser)
Texas Health Resources sues over insulin prices, mirroring hundreds in other lawsuits (The Dallas Morning News)
Missouri abortion ban clears House, heads to Senate despite concerns from top Republicans (Missouri Independent)
What We’re Reading
Health news we’ve flagged from other outlets:
Changes at Amazon-owned health services cause alarm among patients, employees (The Washington Post)
One in six abortions is done with pills prescribed online, data shows (The New York Times)
US FDA chief very concerned about fake weight loss drugs (Reuters)
What Others are Reading
Most read stories on The Hill right now:
Salvadoran president mocks Van Hollen, Abrego Garcia meeting
Salvadoran President Nayib Bukele took to social media late Thursday to mock Sen. Chris Van Hollen’s (D-Md.) meeting with Kilmar Abrego Garcia, who … Read more
Big Ten schools creating a ‘mutual defense compact’ against Trump actions
The faculty senates in the Big Ten Academic Alliance are creating a “mutual defense compact” to fight against President Trump’s ongoing attacks on … Read more
You’re all caught up. See you next week!
Close
Thank you for signing up!
Subscribe to more newsletters here
The latest in politics and policy.
Direct to your inbox.
Sign up for the Health Care newsletter
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