Insurers don’t have to provide free HIV-prevention drugs, some cancer screenings as result of federal judge’s ruling–ABA Journal

BY DEBRA CASSENS WEISS

A federal judge in Fort Worth, Texas, has blocked requirements for insurers to provide some preventive-care services for free, including drugs for HIV prevention and screenings for depression, high blood pressure, sexually transmitted diseases and some kinds of cancer.

U.S. District Judge Reed C. O’Connor of the Northern District of Texas ruled Thursday in a lawsuit filed by six individuals and two businesses, including Braidwood Management Inc., a Christian for-profit corporation.

O’Connor gave nationwide effect to his former September 2022 decision on the validity of the task force that adopted the mandates under the Affordable Care Act. In that decision, he ruled that coverage mandates adopted by the U.S. Preventive Services Task Force weren’t valid because task force members were appointed in violation of the appointments clause. O’Connor also ruled in the previous decision that the mandate for HIV-prevention drugs violated the rights of religious plaintiffs under the Religious Freedom Restoration Act.

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