Carson City, NV — Attorney General Aaron D. Ford has joined a coalition of 23 attorneys general in submitting an amicus brief to the U.S. Supreme Court. The brief requests the court to protect a provision of the Affordable Care Act (ACA) that ensures access to preventive health care services for millions of Americans. The coalition seeks a reversal of a lower court’s decision that deemed the structure of the U.S. Preventive Services Task Force unconstitutional, which could hinder access to essential medical care.
“The ACA’s preventive care protections are vital to keeping Nevadans healthy and insured,” said AG Ford. “These protections are meant to eliminate the financial barrier many faced when seeking preventive care in order to ensure a healthier future for all Nevadans. I urge the Supreme Court to protect this provision.”
Prior to the ACA, many individuals found it difficult to afford preventive services like cancer screenings, which were often not covered by insurance plans. The ACA’s preventive services provision was designed to remove these financial barriers by mandating most private insurance plans cover recommended preventive services without out-of-pocket costs.
AG Ford and his colleagues have asked for a reversal of the U.S. Court of Appeals for the 5th Circuit’s ruling in Kennedy v. Braidwood Management Inc., arguing that it incorrectly judged the task force’s authority over insurance plans as unconstitutional since its members are appointed and supervised constitutionally by the Department of Health and Human Services secretary.
The coalition argues that blocking enforcement of this provision would create significant gaps in health coverage, which states cannot fill due to federal restrictions on regulating certain insurance plans.
Since its enactment in 2010, this ACA provision has improved public health outcomes by increasing access to preventive services, with approximately 76 million Americans gaining expanded coverage within four years of its passage. By 2020, an estimated 151.6 million people were enrolled in private insurance plans covering these services at no cost.
Additionally, this provision has helped reduce disparities in healthcare across socioeconomic, racial, and ethnic lines by broadening access to various preventive services.
The attorneys general joining AG Ford include those from Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon Rhode Island Vermont Washington and Wisconsin.
A copy of the brief is available for review.
