As oral arguments approach, it’s time to start thinking about the impact Braidwood v. Becerra will have on access to preventive services in this country.
👉 What is Braidwood v. Becerra?
In September 2022, a Texas federal judge found the Affordable Care Act’s requirement for health insurers and plans to cover no-cost preventive services unconstitutional. In March 2023, the same judge clarified that this ruling applies to the entire country. Then, the Justice Department requested a stay, which means that the judge’s decision on the case will not be enforced until the appeal is resolved. During this time, many people are left uncertain about what care they can access and whether they can afford it.
👉 Why does this matter?
Over 150 million Americans rely on the Affordable Care Act to access preventive care, such as HIV prevention and screenings for diseases like diabetes and breast cancer. The ACA rule also gives employers and health insurers stability in delivering coverage. If access to these services were to decline, it could cause many to delay or skip care entirely, which could lead to:
✖️ People going undiagnosed for life-threatening illnesses
✖️ A decrease in vaccinations that could cause disease outbreaks
✖️ A disproportionate impact on communities of color and their access to care
The ACA is crucial in advancing equity and providing affordable services in the health care system.
👉 What can we do now?
Oral arguments for Braidwood v. Becerra begin on March 4, and a decision should come in the next few months. Before then, we recommend looking into our Preventive Services Hub to learn more about the case, see what states have done since the ruling in 2023, and browse additional resources to better understand why the existing requirement under the ACA shouldn’t be negotiable.
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