On Friday, June 21, the Fifth Circuit Court of Appeals issued a ruling in a case regarding the Affordable Care Act's provision that gives most Americans access to no-cost preventive care such as cancer screening, immunization and contraception.
The ruling in the case of Braidwood v. Becerra, available at https://www.ca5.uscourts.gov/opinions/pub/23/23-10326-CV0.pdf , is something that two University of Michigan experts have awaited and are offering reactions to.
A. Mark Fendrick, M.D., a professor of internal medicine at the U-M Medical School and director of the Center for Value-Based Insurance Design, says:
"Today's Fifth Circuit ruling maintains the status quo (for now) for the highly popular ACA policy that eliminates out-of-pocket costs for many high-quality preventive services - for over 200 million Americans - that have been proven to prevent diseases or to detect conditions while they’re still treatable.
This decision provides a welcome reprieve to a possible Braidwood ruling that would limit the removal of cost-sharing to only those preventive services recommended by the USPSTF before the passage of the ACA in 2010, would have enormous clinical and equity implications."
U-M Law School professor Nicholas Bagley, J.D., posted a thread on X (formerly Twitter) about the ruling and its implications, including its potential to end up in Supreme Court.
The two experts have previously spoken and written on this topic and the potential implications of possible rulings, for instance here and here.
Both are members of the U-M Institute for Healthcare Policy and Innovation.
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