From our Thought Leaders in Health Law video series: Braidwood v. Becerra represents a significant legal challenge to the Affordable Care Act’s (ACA’s) preventive services coverage provision, which requires private health insurance to cover various clinical preventive services, including immunizations; services rated A or B by the U.S. Preventive Services Task Force; and women's preventive services, such as contraceptives.

Employer plaintiffs have contested the law on moral and religious grounds, particularly objecting to coverage for HIV prevention medication, such as PrEP, arguing that it violates their beliefs.

This case, currently pending on appeal before the U.S. Court of Appeals for the Fifth Circuit, is set for oral arguments on March 4. Braidwood underscores the clash between health care mandates and religious freedom in the United States and threatens to upend the entire framework on which the ACA requirement is based.

Key points:

  • Braidwood poses the most significant threat to preventive health care that we have ever seen and threatens to upend the entire framework on which the ACA requirement is based.
  • Anyone interested in public health and health care, immunizations, disease screenings, or contraceptives should be paying close attention to this case.
  • Braidwood is currently pending on appeal before the U.S. Fifth Circuit Court of Appeals and is set for oral arguments on March 4. Braidwood is likely to reach the Supreme Court, given the significance of the questions in the case.

The Thought Leaders in Health Law® video series tracks the latest trends in multiple areas of the health care and life sciences industries, featuring attorneys and advisors from Epstein Becker Green and EBG Advisors.

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