Chicago – Attorney General Kwame Raoul today led a coalition of 24 attorneys general in filing an amicus brief asking the U.S. Supreme Court to act to protect a key provision of the Affordable Care Act (ACA) that guarantees access to critical preventive care for millions of Americans. Raoul and the coalition urge the U.S. Supreme Court to grant certiorari in the case and reverse a lower court’s decision prohibiting the federal government from enforcing the preventive services provision against respondents – a decision that will impair access to lifesaving medical care.
Congress enacted the ACA’s preventive services provision because, before the ACA’s enactment, many Americans struggled to afford preventive care, which can be lifesaving but was often not covered by insurance. The preventive services provision eliminated this financial barrier by requiring most private insurance plans to cover certain preventive services and treatments, such as cancer screenings and vaccinations, without charging out-of-pocket costs, including copayments or deductibles.
“All patients in Illinois and across the country deserve continued access to what are often lifesaving, preventive health services,” Raoul said. “I will continue to collaborate with other attorneys general to preserve access to care that will save lives, reduce disparities in health care and improve public health in our communities.”
Raoul and the attorneys general have asked the Supreme Court to grant certiorari in the case of Becerra v. Braidwood Management Inc., and to reverse the lower court’s decision in the case. The district court’s decision prohibiting enforcement of the preventive services provisions, the coalition explains, could cause a significant gap in health coverage that states will not be able to fill because federal law prevents them from regulating certain insurance plans. The brief also explains that state-level mandates are less effective without corresponding federal guidance on implementation and enforcement.
Raoul and the coalition’s brief explain that since the ACA became law in 2010, the provision has significantly improved public health outcomes by expanding access to preventive services. For example, the brief notes that many Americans have come to rely on the no-cost health care access provided by the provision. Within four years of the ACA’s passage, approximately 76 million Americans gained expanded coverage to one or more preventive services. As of 2020, an estimated 151.6 million people were enrolled in private insurance plans that cover preventive services at no cost to patients.
In addition to saving lives, the provision has expanded health care access for women, including access to contraceptives. It has also reduced socioeconomic, racial and ethnic disparities in health care by expanding access to a variety of preventive services.
Joining Attorney General Raoul in filing the brief are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington and Wisconsin.
