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Opinion: Employers should continue waiving preventive care out-of-pocket costs regardless of how Supreme Court rules
Regardless of the Supreme Court decision in Braidwood, there are compelling reasons for employers to maintain coverage of preventive services without cost sharing.
On Tuesday, the Supreme Court heard oral arguments in Kennedy v. Braidwood Management, a case in which an employer is arguing that the formation of the U.S. Preventive Services Task Force (USPSTF) violates the Constitution’s appointments clause. The Affordable Care Act (ACA) regulations require that employer-sponsored health plans cover USPSTF-approved preventive care without cost sharing. The Supreme Court’s eventual decision could leave employers with important decisions about coverage for preventive care.
A district court found for the plaintiff that the USPSTF was improperly constituted since its members were not constitutionally appointed, and the 5th Circuit Court of Appeals upheld this finding. The plaintiffs also objected to being required to provide coverage of oral contraceptives and HIV prevention medication (PrEP) on the basis of their religious beliefs, and the appeals court sent this issue back to the district court for further analysis without ruling on its merits.
