Statement on upcoming Supreme Court oral arguments on preventive services coverage requirement case

Washington DC… As the U.S. Supreme Court prepares to hold oral arguments on Monday, April 21st in Kennedy v. Braidwood Management, which challenges the constitutionality of the ACA’s requirement that insurers cover USPSTF-recommended preventive services at no cost, Carl Schmid, executive director of the HIV+Hepatitis Policy Institute, issued the following statement:

“We urge the Court to uphold the preventive services requirement, as supported by the Trump administration. President Trump and Secretary of Health and Human Services Robert Kennedy Jr. are prioritizing prevention as a key component of making our country healthier. Preventing chronic infectious diseases such as HIV and hepatitis through testing and PrEP covered by private insurance is critically vital, especially now that the federal government is seeking to reduce spending. Without the coverage requirement, people at risk of HIV and hepatitis will likely forgo accessing the services or depend more on government programs for their testing and PrEP. However, we are not adequately addressing the needs of the uninsured today, and, given current budget constraints, which are bound to get worse, we will certainly not be able to afford the necessary preventive services for the insured without the coverage requirement. If we are to prevent infectious disease and other health conditions, the Court has no choice but to uphold access to these necessary preventive services.”

Earlier this year, the HIV+Hepatitis Policy Institute, along with nineteen HIV and hepatitis organizations, filed an amicus brief with the Court in support of the U.S. government’s position. In the brief, the groups lay out the key role testing plays in informing people if they have an infectious disease and subsequently linking them to life-saving medications, and in the case of hepatitis C, curative treatment. We describe the growing importance of PrEP in preventing HIV, including long-acting PrEP drugs which are almost 100 percent effective in preventing HIV. Additionally, we emphasize that coverage of preventive services by private insurers will help end HIV and hepatitis, and that losing these services would certainly damage the public health of our country and increase medical costs.

Richard Hughes IV, partner with Epstein Becker Green, acted as lead counsel for the HIV+Hepatitis Policy Institute.

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The HIV+Hepatitis Policy Institute is a national, non-profit organization whose mission is to promote quality and affordable healthcare for people living with or at risk of HIV, hepatitis, and other serious and chronic health conditions.