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Appeals court finds 'Obamacare' pillar unconstitutional in suit over HIV-prevention drug (www.nbcnews.com)

submitted 5 months ago by MicroWave to c/news

11 comments fedilink hide all child comments

If the Supreme Court ultimately takes the case and overturns the pillar, this could have a widespread impact on out-of-pocket health care costs, including costs for the HIV-prevention pill, known as PrEP.

A federal appeals court on Friday found unconstitutional a key component of the Affordable Care Act that grants a health task force the effective authority to require that insurers both cover an array of preventive health interventions and screenings and refrain from imposing out-of-pocket costs for them.

The lawsuit centered on the objections of a coalition of small businesses in Texas to the requirement that they cover a drug for HIV prevention, known as PrEP, in their employee health plans. The appeals court did not, however, overturn the related ACA pillar; the practical, immediate impacts of its ruling apply narrowly to the plaintiffs in this case.

Legal experts expect that the case, Braidwood v. Becerra, will ultimately advance to the Supreme Court, given that it poses crucial questions about the constitutionality of the health task force’s effective authority and that of other federal health bodies. Additionally, the current court has demonstrated interest in cases concerning the delegation of congressional authority to agencies and experts.

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[–] [email protected] 14 points 5 months ago

I am shocked that the 5th circuit would rule this way. Completely and utterly shocked.