Great Lakes Wire

Michigan Attorney General Dana Nessel has joined a coalition of 23 attorneys general in filing an amicus brief urging the U.S. Supreme Court to protect a key provision of the Affordable Care Act (ACA). This provision guarantees access to preventive health care services for millions of Americans. The coalition is asking the Supreme Court to overturn a lower court's decision that declared the structure of the U.S. Preventive Services Task Force unconstitutional, potentially limiting access to essential medical care.

Before the ACA was enacted, many Americans faced financial barriers to accessing preventive services like cancer screenings, which were often not covered by insurance. The ACA aimed to remove these barriers by mandating that most private insurance plans cover preventive services recommended by the task force without out-of-pocket costs.

Attorney General Nessel emphasized the importance of this coverage: “Preventative care coverage through the ACA has helped thousands of Michiganders receive cancer screens, annual check-ups, and well-baby visits, undoubtedly saving lives,” she said. She warned that eliminating this requirement would create "unnecessary barriers for millions of Americans and undermine public health."

The attorneys general have requested that the Supreme Court reverse the U.S. Court of Appeals for the 5th Circuit’s decision in Kennedy v. Braidwood Management Inc., arguing that it incorrectly deemed the task force's authority over insurance plans unconstitutional. They assert that task force members are properly appointed and supervised by the Department of Health and Human Services secretary.

The brief highlights how since its enactment in 2010, this ACA provision has improved public health outcomes by increasing access to preventive services. It notes that within four years of its passage, approximately 76 million Americans gained expanded coverage for at least one preventive service. By 2020, around 151.6 million people were enrolled in private insurance plans covering these services at no cost.

Additionally, this provision has played a role in reducing disparities across socioeconomic, racial, and ethnic lines by broadening access to various preventive services.

Joining Attorney General Nessel are attorneys general from Arizona, California, Colorado, Connecticut, Delaware, Washington D.C., Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington State and Wisconsin.