May 17, 2023

Braidwood Ruling Blocked as Case Proceeds through Appeals Process

On Monday, the Fifth Circuit Court of Appeals granted a stay in the Braidwood Management Incorporated v. Becerra case, temporarily blocking the preventive services ruling from going into effect while it is being briefed at the higher court. Readers will recall that this case pertains to private insurance coverage of preventive services, including PrEP. Late last month, the Biden Administration filed a motion for a partial stay in the Braidwood case, and that is what has been granted. The Academy joined the American Lung Association, the American Heart Association, and other health care groups in applauding the stay. Readers can read the statement here.

Even though the case has been temporarily blocked, and health insurers indicated they would not immediately drop coverage of life-saving preventive services, a recent study was published indicating that coverage is precarious. As the COVID-19 public health emergency and coverage for related vaccines and therapies came to an end last week, a poll was undertaken with 30 employers who cover 1.5 million workers. That survey found that in response to the initial Braidwood ruling, some employers already stopped paying for certain preventive services. It also found that while 72 percent of respondents expect to continue providing coverage for all preventive services in full as is required in the Affordable Care Act, six percent said they expect to be more selective and a whopping 22 percent did not know how they would approach coverage for preventive care services.

If readers would like to take action on this case, we invite you to sign onto the Academy’s Braidwood Consensus Statement simply by adding your name, degrees, and organizational affiliation (if you’re comfortable doing so). This statement will be the cornerstone of the Academy’s advocacy around this case and will allow us to elevate the richness and diversity of our Academy membership. By highlighting the work each of you does every day, we can push back against this case’s erroneous claims about PrEP and the people who utilize this important medication.

View the latest Policy Update here.