Preserve patient protections in the ACA
Recommendation
Patient protections in the Affordable Care Act (ACA), including the law’s preventive services mandate (USPSTF), should be preserved.[1]
Background/summary
Since its passage, the ACA has dramatically expanded access to affordable health insurance and healthcare services.[2] The ACA also mandated coverage for various preventive services, such as routine screenings for diseases or conditions.[3] These screening services must be provided by most private health plans without copay or coinsurance, regardless of whether a person’s annual deductible has been met.[3] The U.S. Preventive Services Task Force (USPSTF) regularly provides updated guidance on mandated preventive services and currently recommends screening for depression in the adult and adolescent population, particularly for those who are pregnant or elderly. The USPSTF also recommends screening and counseling for adults and adolescent populations for unhealthy alcohol use.[4] In an ongoing court case, Braidwood Management v. Becerra, a group of plaintiffs are challenging the ACA requirement to cover preventive services designated by the USPSTF - arguing the mandate is unconstitutional.[5] Access to preventive services must be preserved, including critical screenings for mental health and substance use disorders. The Department of Justice should vigorously defend this latest attack on the ACA and, should protections afforded by the ACA be undone by the courts, Congress should act quickly to restore these protections.
citations
1. CEO Alliance for Mental Health. A Unified Vision for Transforming Mental Health and Substance Use Care. Last Updated August 2022.
2. The Department of Health and Human Services. Affordable Care Act (ACA). Last Accessed July 26, 2023.
3. The Department of Health and Human Services. Preventive care benefits for adults. Last Accessed July 26, 2023.
4. US Preventive Services Task Force. A & B Recommendations. Last Accessed July 26, 2023.
5. Kaiser Family Foundation. “Explaining Litigation Challenging the ACA’s Preventive Services Requirements: Braidwood Management Inc. V. Becerra.” Last Accessed July 27, 2023.