Carson City, NV — Attorney General Aaron D. Ford, along with a coalition of 23 attorneys general, has filed an amicus brief urging the U.S. Supreme Court to protect a significant provision of the Affordable Care Act (ACA). This provision ensures access to preventive healthcare services for millions of Americans. The coalition is asking the Supreme Court to overturn a lower court decision that deemed the structure of the U.S. Preventive Services Task Force unconstitutional, which could limit access to essential medical care.
"The ACA’s preventive care protections are vital to keeping Nevadans healthy and insured,” said AG Ford. “These protections are meant to eliminate the financial barrier many faced when seeking preventive care in order to ensure a healthier future for all Nevadans. I urge the Supreme Court to protect this provision.”
Prior to the ACA, many Americans found it difficult to afford preventive services like cancer screenings due to lack of insurance coverage. The ACA's provision was designed by Congress to remove these financial obstacles by mandating most private insurance plans cover recommended preventive services without out-of-pocket costs such as copayments or deductibles.
The coalition seeks reversal of the U.S. Court of Appeals for the 5th Circuit’s ruling in Kennedy v. Braidwood Management Inc., arguing that this decision wrongly asserts unconstitutional authority over insurance plans by task force members who are constitutionally appointed and supervised by the Department of Health and Human Services secretary. The coalition argues that preventing enforcement of this provision could create a significant health coverage gap that states cannot address due to federal regulations on certain insurance plans.
According to AG Ford and his colleagues, since its enactment in 2010, this ACA provision has notably improved public health outcomes through increased access to preventive services. Within four years after its passage, about 76 million Americans received expanded coverage for one or more preventive services, and by 2020 approximately 151.6 million individuals were enrolled in private insurance plans covering these services at no cost.
Beyond saving lives, this provision has also helped reduce disparities across socioeconomic, racial, and ethnic lines by broadening access to various preventive healthcare services.
Attorneys general from Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota New Jersey New Mexico New York North Carolina Oregon Rhode Island Vermont Washington and Wisconsin joined AG Ford in filing this brief.
Review a copy of the brief.