Public Health Advocates Warn of Consequences of Fifth Circuit Ruling on Preventive Health Services


October 29, 2024

Medical

WASHINGTON (October 29, 2024) – The American Public Health Association along with leading public health deans, scholars and organizations including the Robert Wood Johnson Foundation and Trust for America’s Health, has filed a public health amicus brief in the U.S. Supreme Court case Xavier Becerra, Secretary of Health and Human Services, et al. v. Braidwood Management, Inc., et al.

The brief highlights the potential public health impact of the Fifth Circuit Court of Appeals’ decision that would eliminate free coverage of hundreds of preventive health benefits for more than 150 million privately insured Americans. Free coverage of preventive care shown to improve health and save lives is one of the Affordable Care Act’s most important guarantees, according to the brief.

The Fifth Circuit’s ruling threatens to strip these benefits from insurance policies entirely, despite being recommended by the U.S. Preventive Services Task Force, the nation’s authoritative body of experts on preventive care.

“The consequences of limiting access to these preventive services could be devastating for public health and the well-being of our communities,” said Lynn Goldman, the Michael and Lori Milken Dean of the Milken Institute School of Public Health at the George Washington University.

Affected services include cancer screenings, cardiovascular disease prevention and vaccinations that are crucial in detecting and preventing serious health conditions.

“Preventive health services are the key to ensuring wellness and identifying preventable diseases early and at less cost. They save lives – pure and simple,” said Georges C. Benjamin, Executive Director of the American Public Health Association. “It is essential that health insurers and employers cannot reinstate fiscal costs that limit access to lifesaving healthcare.”

Key Points from the Amicus Brief:

  • Increased Risk of Illness and Death: The ruling eliminates guaranteed cost-free coverage for dozens of preventive services, significantly increasing the risk of serious health issues, including preventable diseases and fatalities.
     
  • Impact on Public Health: The burden of healthcare costs will deter many from seeking necessary care, leading to higher rates of chronic illness and unnecessary deaths.
     
  • Potential Reimposition of Cost-Sharing: The ruling allows insurers to reinstate cost-sharing for preventive services, which could lead to millions of Americans avoiding critical healthcare due to affordability concerns.

The brief calls for the court to reverse the decision to maintain these essential benefits for millions of Americans, emphasizing the negative health consequences of eliminating cost-free preventive care.

The brief can be accessed here.

The amici are represented by attorney Andrew J. Pincus of Mayer Brown LLP in Washington, DC. 

-GW-