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ObamaCare lawsuit could eliminate or restrict three-quarters of preventive benefits: report

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June 13, 2023
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ObamaCare lawsuit could eliminate or restrict three-quarters of preventive benefits: report
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A lawsuit challenging a provision of the Affordable Care Act (ACA) could eliminate or restrict three-quarters of preventive benefits covered by the law, according to a recent report.

Out of 192 preventive services that the provision requires insurers and employers to cover at no cost to Americans, 121 could be eliminated in their entirety if the lawsuit is successful, the George Washington University report found.

Coverage for 13 services could also be limited for some populations, while recommended modifications for 10 services could be rolled back, according to the report. 

The report comes after a federal judge in Texas struck down the provision nationwide in late March. However, the measure was temporarily restored on Monday, after the two sides in the case struck an agreement to leave it in place as the appeals process proceeds.

The plaintiffs in the case objected to covering PrEP, which is a preventative medication for HIV, arguing that it encouraged homosexual behavior that conflicted with their religious beliefs. In addition to PrEP, the ACA requires insurers to cover cancer screenings, prenatal services and mental health care, among other services.

The report suggested that the potential impact on services for women, children and infants is particularly illustrative of the overall possible effects of a decision to block the provision.

About 77 percent of covered services related to maternal and infant health could be eliminated or restricted, while about 56 percent of those relevant to children and adolescents could also be impacted, according to the report.

“The plaintiffs in this case insist that to satisfy their personal preference for more limited coverage, virtually all Americans, including millions of mothers, infants and children, must lose theirs,” Sara Rosenbaum, a co-author of the report, said in a statement. “Their demands are not only legally unnecessary but unconscionable.”

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