Preventative Services

(original headline: "Just when you thought the big ACA lawsuits were over...")

UPDATE 7/26/22: Apparently this case is scheduled to be heard by TX District Judge Reed O'Connor today.

UPDATE 9/07/22: Annnnd there it is, via SCOTUS, legal & political journalist Chris Geidner:

BREAKING: US District Judge Reed O’Connor in Texas rules that requiring employers to provide coverage for PrEP drugs (preventing the transmission of HIV) violates the religious rights of employers under federal law (RFRA).

...O’Connor also rules that the U.S. Preventive Services Task Force (PSFT) violates the Appointments Clause because he finds the members are officers of the United States not appointed properly.

...O’Connor rejects several other claims, as to Appointments Clause claims and as to the nondelegation doctrine.

Gatorade

Over at STAT News, Nicholas St. Fleur and Hyacinth Empinado have an interesting piece about why he (St. Fleur) gave himself a colonoscopy for his 30th birthday:

The passing of Chadwick Boseman from colorectal cancer at the age of 43 devastated so many people who looked to the “Black Panther” star and saw a hero. His death last year was particularly impactful for me, a young Black man whose mother had been diagnosed with the disease at age 34.

My mom was fortunate. She had a colonoscopy that spotted the cancer early and helped save her life.

Still, because of my family history, I am at an increased risk of developing colorectal cancer. Black men are also at higher risk as well. So just days before my 30th birthday, I underwent my first colonoscopy.

Kelley v Becerra

Updated to include extra details from Harris Meyer, who wrote about the case back in March.

Yesterday morning in my post celebrating the Supreme Court throwing out the insanely stupid CA v. TX lawsuit (previously TX v. Azar or, as I called it, Texas Fold'em), which threatened to strike down the entire Affordable Care Act, I noted that...

So, are there any MORE challenges to the ACA? Of course. As Katie Keith notes over at Health Affairs:

As the law hangs in the balance, other ACA litigation is proceeding. The Supreme Court has been asked to hear appeals by health insurers over whether they are entitled to fully recover unpaid cost-sharing reduction payments. It is not year clear whether the Court will agree to do so; if it does, the appeals would be heard next term. Other lawsuits remain pending before district and appellate courts over the scope of the ACA’s contraceptive mandate, the preventive services mandate, and Section 1557, among other issues.

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