How a Texas court decision threatens Affordable Care Act protections. | via KHNews
Screening mammograms, like this one in Chicago in 2012, are among a number of preventive health services the Affordable Care Act has required health plans to cover at no charge to patients. But that could change, if the Sept. 7 ruling by a federal district judge in Texas is upheld on appeal.
The Yorks, who live in New Berlin, Wis., are enrolled in Chorus Community Health Plans, which, like most of the nation's health plans, is required by the Affordable Care Act to pay for those preventive services, and more than 100 others, without charging deductibles or copays. U.S. District Judge Reed O'Connor agreed with them. He ruled that the members of one of the three groups that make coverage recommendations, the, were not lawfully appointed under the Constitution because they were not nominated by the president and confirmed by the Senate.
In the same ruling last week, O'Connor held that requiring the plaintiffs to pay for HIV prevention drugs violates the Religious Freedom Restoration Act of 1993. He's also considering throwing out the mandate for first-dollar coverage for contraceptives, which the plaintiffs also challenged under that statute. O'Connor postponed ruling on that and legal remedies until after he receives additional briefs from the parties to the lawsuit on Sept. 16.
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