Ruling in the Braidwood Case Continues Uncertainty Over Access to No-Cost Preventive Screenings

Today, the Fifth Circuit Court of Appeals limited a lower court ruling that many health insurance plans would no longer be required to provide cost-free coverage of preventive services recommended by the United States Preventive Services Task Force (USPSTF) after March 2010. However, the Court also remanded additional questions to the lower court that leave cost-free preventive care at risk. In response to the ruling, the American Lung Association, AcademyHealth, Campaign for Tobacco-Free Kids, Families USA, GO2 for Lung Cancer, the American Heart Association, LUNGevity Foundation, Parents Against Vaping E-cigarettes, Public Citizen, Public Health Law Center and Truth Initiative released this statement:  

“We are pleased that today’s ruling in the Braidwood vs. Becerra case limits a lower court’s decision to halt the requirement to provide cost-free coverage of preventive services recommended by the USPSTF such that the lower court’s order applies to only the individual plaintiffs who brought the case. This protects access to lifesaving care for the 151.6 million people enrolled in health insurance plans that covered cost-free preventive services as of 2020. However, the Court’s decision could result in additional legal challenges that threaten the accessibility of preventive care, including access to preventive services like vaccinations recommended by other bodies.  

“Everyone must have easy access to essential and lifesaving preventive care. As a result of the Affordable Care Act, an estimated 58 million women and 37 million children have access to preventive care in the form of well visits and prenatal care. And millions of people have access to USPSTF-recommended services including lung cancer screening, smoking cessation interventions, statins for cardiovascular disease, PrEP to prevent HIV, cervical cancer screening, colorectal cancer screening, depression screening in adults and children, and more.” 

“Our organizations will continue to vigorously defend access to cost-free preventive care as this case continues to move through the legal system.” 

Learn more at Lung.org/Braidwood.