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.
Image credits: HIV+Hepatitis Policy Institute
In a 6–3 decision, the US Supreme Court ruled in Kennedy v Braidwood Management, Inc to uphold the constitutionality of the Affordable Care Act (ACA) provision mandating that insurers cover certain preventive services without cost sharing.¹ The ruling reaffirms the authority of the US Preventive Services Task Force (USPSTF), the Advisory Committee on Immunization Practices (ACIP), and the Health Resources and Services Administration (HRSA) in determining the scope of covered services.
The case stemmed from a lawsuit brought by four individuals and two Christian-owned businesses in Texas, who objected to providing insurance that covers services such as HIV prevention medication (PrEP), the HPV vaccine, and contraceptives. The plaintiffs argued that the mandate violated their religious beliefs and that the USPSTF’s volunteer-led structure breached the Constitution’s Appointments Clause.²
The U.S. Court of Appeals for the Fifth Circuit previously held that the USPSTF’s structure was unconstitutional and restricted the federal government from enforcing its recommendations. The Supreme Court reversed that ruling, reinstating the ACA’s full preventive services requirement.²
In response, Carl Schmid, executive director of the HIV+Hepatitis Policy Institute, issued a statement supporting the decision, stating:
“This is a great victory for healthcare in our country and for everyone who believes in prevention… We are very pleased the Court upheld the coverage requirement.”¹
He emphasized the continuing need for oversight and compliance, particularly with the expansion of long-acting forms of HIV PrEP, and expressed concern about proposed federal budget cuts to CDC prevention programs.¹
The HIV+Hepatitis Policy Institute, along with 19 other public health organizations, filed an amicus brief supporting the federal government’s position. Their brief highlighted the public health significance of routine screenings and preventive medications, including their role in identifying infectious diseases and linking individuals to treatment.¹
The ACA, passed in 2010, delegates to USPSTF, ACIP, and HRSA the authority to define which services must be covered at no cost by private insurers. Since then, these bodies have recommended coverage for services such as PrEP (2019), the HPV vaccine (2007), and contraceptives (2011).²
The ruling ensures that insured individuals nationwide will continue to have access to preventive services such as HIV testing, cancer screenings, immunizations, and contraceptive care without cost-sharing requirements.