Just Leave Me Alone! Texas Court (Again) Takes an Axe to the ACA

If the Affordable Care Act (ACA) were a tree, it would bear the marks of the swings taken at dismantling or disassembling it. From outright repeal, elimination of the individual taxpayer mandate, and now to eliminating goods and services treated as “preventive care,” the law stands, but is bruised with every swing. Last month, a Texas judge invalidated the no cost coverage of preventive health services under the ACA indicating that insurance plans nationwide do not have to comply with ACA's preventive services mandate recommended by the U.S. Preventive Services Task Force, as the judge said the members of that task force were unlawfully appointed. Braidwood Mgmt. Inc. v. Becerra, 2023 U.S. Dist. LEXIS 54769. The decision additionally broadened a religious objector objection to HIV prevention medication. The Justice Department is expected to appeal the decision and ask for a stay on its implementation while the case goes through the courts.

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