Judge strikes down Obamacare coverage of preventive care for cancers, diabetes, HIV and other conditions

A federal judge on Thursday struck down an Obamacare mandate that required most private health insurance plans to cover preventive care such as certain cancer screenings and HIV prevention drugs.

These services included mammograms for breast cancer among women ages 50 to 74 as well as screenings for colon, cervical and lung cancer.

The mandate also covered drugs that prevent HIV infection in high risk populations, called pre-exposure prophylaxis or PrEP. Most private plans were also required to cover screenings for certain sexually transmitted infections such as chlamydia and gonorrhea.

The Obamacare requirements also covered screenings for Type 2 diabetes

Judge Reed O’Connor in U.S. Northern District of Texas struck down those coverage requirements and blocked the federal government from enforcing them. The Biden administration is likely to appeal the ruling.

The Department of Health and Human Services did not immediately respond to a request to comment.

The Affordable Care Act mandated free coverage of health services recommended by an independent panel of experts called the Preventive Services Task Force. O’Connor said that these coverage requirements are unlawful because the task force’s members were not nominated by the president and confirmed by the Senate, according to his opinion.

Two Christian businesses and several individuals sued the federal government in 2020, arguing that the preventive care mandate violates their religious freedom because it includes coverage of PrEP drugs that prevent HIV infection.

They claimed the PrEP mandate “forces religious employers to provide coverage for drugs that facilitate and encourage homosexual behavior, prostitution, sexual promiscuity, and intravenous drug use,” according to their original complaint.

They also claimed the Preventive Services Task Force’s recommendations are invalid because the process used to select the body’s members violates the U.S. Constitution’s Appointments Clause.

The people who filed the lawsuit had also sought to overturn the federal mandate that requires Obamacare compliant plans to cover birth control with no out-of-pocket costs. O’Connor ruled against those claims and kept the contraception mandate in place.

This is a developing story. Please check back for updates.