The Supreme Court agreed Friday to consider reinstating some preventative care coverage requirements under the Affordable Care Act that were struck down by a lower court.
The federal government appealed to the high court after the 5th U.S. Circuit Court of Appeals sided with employers who argued they can’t be forced to provide full insurance coverage for things like medication to prevent HIV and some cancer screenings. The lower-court ruling chipped away at the program sometimes referred to as Obamacare.
Challengers raised religious and procedural objections to some of the requirements.
Not all preventive care was threatened by the ruling. A 2023 analysis prepared by the KFF, a nonprofit, found that some screenings, including mammography and cervical cancer screening, would still be covered without out-of-pocket costs.
Services and medications that might not be covered under the ruling include statins to prevent heart disease, lung cancer screening, HIV prevention, as well as medications to lower the risk of breast cancer for high-risk women, the group found.
The requirements now remain in place for now, except for the eight companies who sued.
The conservative 5th Circuit found that coverage requirements were adopted unconstitutionally because they came from a body — the United States Preventive Services Task Force — whose members were not nominated by the president and confirmed by the Senate.
The court is expected to hear the case in the spring.
