Obamacare back at the Supreme Court
Jan 13, 2025
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The Big Story Trump to decide fate of free preventative care under ACAThe Trump administration will have to decide whether to defend a key part of the Affordable Care Act, after the Supreme Court agreed to hear a case challenging the law’s requirement to cover preventive services.
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The health law requires insurers to cover, without cost-sharing, more than 100 preventive health services recommended by the U.S Preventive Services Task Force (USPSTF), a volunteer panel of national experts in disease prevention and evidence-based medicine who advise the Department of Health and Human Services. But a group of Christian employers in Texas sued the administration, arguing the panel is unconstitutional because its members aren’t confirmed by the Senate or appointed by an agency head who is Senate-confirmed, yet its recommendations are binding. Conservative lower courts have mostly ruled in favor of the plaintiffs.
A federal judge in Texas in 2022 ruled in favor of the plaintiffs and blocked the requirement nationwide. The U.S. Court of Appeals for the 5th Circuit in New Orleans ruled last summer that the coverage mandate was unconstitutional, but only the companies that sued were permitted to exclude USPSTF recommended services from their plans. The Biden Justice Department urged the justices to take up the case, petitioning the court to uphold the task force as constitutional.
If the court were to rule in favor of the employers it could jeopardize coverage for tens of millions of people, putting patients on the hook for the full cost of potentially lifesaving treatments and screenings that are currently free and reshaping the health coverage landscape. However, the timing of the case means it will be up to the Trump administration to decide if it wants to continue defending the law.
Since the enactment of ObamaCare in 2010, more than 2,000 legal challenges have been filed in state and federal courts contesting all or part of the law, including efforts championed by Trump in his first term. While the law remains popular, lawsuits and conservative judges continue to try to weaken it.
Welcome to The Hill’s Health Care newsletter, we’re Nathaniel Weixel, Joseph Choi and Alejandra O'Connell-Domenech — every week we follow the latest moves on how Washington impacts your health.
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Essential Reads How policy will be impacting the health care sector this week and beyond:
Public health experts, scientists warn senators on confirming RFK JrA new coalition of more than 700 public health professionals, scientists and activists signed an open letter to oppose Senate confirmation of Robert F. Kennedy Jr. as health secretary, saying his “fringe” views and inexperience would put the country at serious risk from severe infectious diseases. The letter from the coalition called “Defend Public Health” said Kennedy’s “unfounded, fringe beliefs could significantly …
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New rule could slash nicotine levels in tobacco productsThe Biden administration is poised to try to lower the amount of nicotine in tobacco products, an eleventh-hour effort that’s been years in the making. The move would give the White House one last chance to try to regulate tobacco, as it previously punted on finalizing a long-standing pledge to ban menthol-flavored cigarettes. The rule has not been made public, so the specific language isn’t known, but it’s …
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Patient groups call on Trump administration to let Medicare cover obesity drugs
A coalition of obesity-related patient advocacy groups is calling on the incoming Trump administration to finalize a proposal that would allow Medicare to cover obesity medications. Led by the Obesity Care Advocacy Network (OCAN), more than 70 organizations said in a statement that addressing, treating and managing obesity is key to making America healthier. The groups pointed to a study that found if nothing is …
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In Other News Branch out with a different read:
US overdose deaths far outpace other countries: Report
The United States has the highest rate of drug overdose deaths out of 30 countries, according to a report from the health nonprofit the Commonwealth Fund. Overdose deaths in the U.S. dipped slightly around 2018 after a years-long rise. But those deaths began to rise again in 2019 and shot up during the onset of the COVID-19 pandemic, according to data from the Centers for Disease Control and Prevention (CDC). Overdose deaths …
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Around the Nation Local and state headlines on health care:
Doctors, nurses press ahead as wildfires strain L.A.’s healthcare (LA Times)
One Massachusetts town’s rejection of water fluoridation foresaw a growing national debate (Boston Globe)
Wisconsin Senators want to introduce new abortion law if state Supreme Court upholds current access (Milwaukee Journal Sentinel) What We're Reading Health news we've flagged from other outlets:
Cigna, Centene, Walgreens drop out of J.P. Morgan conference (Stat)
‘I can’t go toe to toe with social media.’ Top U.S. health official reflects, regrets (Washington Post)
Prospect Medical Holdings files for bankruptcy after owners took hundreds of millions in payouts (CBS News) What Others are Reading
Most read stories on The Hill right now:
Biden announces student debt relief for 150,000 borrowers, bringing total helped to more than 5M
The Biden administration announced Monday it was forgiving student loans for more than 150,000 borrowers, bringing the total number of individuals … Read more
Cannon allows for release of Smith report on Trump election interference
U.S. District Judge Aileen Cannon on Monday allowed the release of the volume of special counsel Jack Smith’s report dealing with Donald Trump’s efforts … Read more What People Think Opinions related to health submitted to The Hill:
This nightmare delay and denial shows why patients need a bill of rightsMy health care is under attack — but not from who you think
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