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The pact approved by the 5th
U.S. Circuit Court of Appeals preserves — at least for now — cost-free
preventive care coverage for millions of Americans under the Affordable Care
Act.
That coverage was thrown into
question by a March ruling from a federal judge in Texas, who said some of the
preventive care requirements under former President Barack Obama’s 13-year-old
health care law are unconstitutional.
The ruling by U.S. District
Judge Reed O’Connor had nationwide effects. The Biden administration had argued
last week at the appeals court that the ruling should be stayed while appeals
are pursued.
The agreement was filed with
the court Monday. In it, the plaintiffs in the case, including a Christian
dentist who opposes coverage for contraception and HIV prevention on religious
grounds, agreed to a broad stay nationwide.
In return, during the appeal
process, the handful of plaintiffs would be allowed to provide insurance plans
that don’t include the preventive care. If O’Connor’s ruling were reversed,
they would have to provide the coverage, but they would not be penalized for
having dumped the coverage during appeals.
O’Connor’s March ruling deals with requirements for coverage
driven by recommendations by the U.S. Preventive Services Task Force. The judge
ruled that because the task force is made up of volunteers, enforcing its
recommendations violates the Constitution’s Appointment Clause, which lays out
how government officials can be appointed.
Not all preventive care was threatened by O’Connor’s ruling.
An analysis by the nonprofit KFF foundation found that some screenings,
including mammography and cervical cancer screening, would still be covered without
out-of-pocket costs because the task force recommended them before the health
care law was enacted in March 2010.