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Washington Examiner
Restoring America
30 Mar 2023


NextImg:Texas judge strikes down ACA preventive care mandate on Obamacare 13-year anniversary

A federal judge ordered a nationwide injunction on the provision of the Affordable Care Act requiring insurers to provide certain preventive care services, just after the 13th anniversary of the Obamacare law.

In a ruling siding with Christian-owned businesses and six individuals in Texas, U.S. District Judge Reed O'Connor struck down the provision that insurers were required to provide dozens of various medical treatments cost-free under the ACA.

TEXAS JUDGE RULES ACA COVERAGE OF HIV PREVENTION DRUGS VIOLATES RELIGIOUS FREEDOM

On Sept. 7, 2022, O'Connor ruled partially in favor of the plaintiffs and partially in favor of the Department of Health and Human Services, holding at the time that the requirement to cover HIV preexposure prophylaxis (PrEP) pills violates the Religious Freedom Restoration Act of the Christian company that brought the suit, but his ruling at the time did not affect other preventive services.

The court left the preventive services coverage policy in effect following the September ruling but asked the parties for additional briefs in preparation for his ultimate ruling Thursday.

HHS sought to defend against the plaintiff's claims, arguing that they "suffer no real injury as a result of the preventive care mandate" and "that they opted out of the insurance market for reasons other than the mandates, namely, the cost of coverage."

"But each of these arguments fail," O'Connor, an appointee of former President George W. Bush, wrote in a 28-page ruling.

Among the preventive services affected by O’Connor’s order are screenings for cancers, such as breast cancer, colorectal cancer, cervical cancer and lung cancer, diabetes screenings, various screenings and interventions for pregnant people, statin use to prevent cardiovascular disease, vision screening for children, and more.

The judge did throw out other arguments attempting to invalidate the contraceptive mandate in the ACA, meaning coverage for contraception will not be affected by the Thursday ruling.

The Washington Examiner contacted HHS for comment.

CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER

The White House recently held a celebration for the 13th anniversary of the ACA, and former President Barack Obama marked the occasion as well by calling patients affected by the law's coverage.

Since its enactment in 2010, the ACA has faced more than 2,000 legal challenges and O'Connor has presided over a number of such healthcare cases. In 2018, he rendered the entire Affordable Care Act unconstitutional, a case that rose to the Supreme Court before it upheld the act in a 7-2 decision.