A pharmacist fills out a prescription in New York City.
Yvonne Hemsey | Hulton Archive | Getty Images
A federal judge on Thursday struck down an Obamacare mandate that requires most private health insurance plans to provide free preventive care for things including screenings for certain cancers and diabetes, as well as HIV prevention drugs.
The ruling by Judge Reed O’Connor of the U.S. Northern District Court of Texas struck down coverage of preventive services recommended after March 2010 by a body called the Preventive Services Task Force.
O’Connor in the same ruling rejected an argument by the plaintiffs to also overturn the mandate that requires Obamacare-compliant plans to cover birth control with no out-of-pocket costs.
Under the Affordable Care Act’s mandate, private health insurance plans have to cover screenings for certain cancers and diabetes.
The mandate also covers drugs, which prevent HIV infection in high-risk populations, known as pre-exposure prophylaxis or PrEP.
O’Connor’s ruling said that coverage requirements based on recommendations made after Obamacare was passed are unlawful because members of the Preventive Services Task Force were not nominated by the president and confirmed by the Senate.
The Biden administration is likely to appeal the ruling.
The U.S Health and Human Services Department, which oversees Obamacare’s provisions, did not immediately respond to a request to comment.
The judge’s ruling came after two Christian businesses and several individuals sued the federal government in 2020.
That lawsuit argues that the preventive care mandate violates their religious freedom because it includes coverage of the drugs that prevent HIV infection.
The plaintiffs claim in their suit the PrEP mandate “forces religious employers to provide coverage for drugs that facilitate and encourage homosexual behavior, prostitution, sexual promiscuity, and intravenous drug use.”
They also claimed the Preventive Services Task Force’s recommendations are invalid because the process used to select the body’s members violates the U.S. Constitution’s Appointments Clause.
