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"Conservative" Legalities Again Seek to Destroy Preventive Medicine and Healthy Society

 

A federal judge on Thursday struck down the Affordable Care Act (ACA) provision requiring all insurers to cover certain preventive services free of charge, angering the law's supporters.

"Individual Plaintiffs need not comply with the preventive care coverage recommendations of the U.S. Preventive Services Task Force (USPSTF) issued on or after March 23, 2010 [the date the ACA was enacted], because the members of the Task Force have not been appointed in a manner consistent with Article II's Appointments Clause," wrote Judge Reed O'Connor of the U.S. District Court for the Northern District of Texas. "Accordingly, the Court enjoins Defendants [HHS] and their officers, agents, servants, and employees from implementing or enforcing the PrEP [pre-exposure prophylaxis] mandate as against these Plaintiffs."

Decision Builds on September Ruling

O'Connor was referring to the coverage mandate for drugs that greatly reduce -- by 99%, according to some studies -- the likelihood that partners of people with HIV will contract the virus. PrEP is one of several preventive services and treatments that the plaintiffs in the lawsuit, known as Braidwood v. Becerra, do not want to cover for their employees because, they say, doing so violates their religious beliefs. But the ruling also applies more broadly to many other preventive services.

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