Federal Judge Rules Against HIV Prophylaxis ACA Provision

September 8, 2022

A US federal judge has ruled that an ACA provision guaranteeing HIV pre-exposure prophylaxis (PrEP) is unconstitutional, in a suit filed by Braidwood Management. PrEP is a medication that, if taken correctly, effectively prevents HIV infections and transmission. Requiring Braidwood to cover the drug would, according to the ruling, violate their religious freedoms.

According to Jakob Emerson, “Mr. O’Connor ruled that the provision as a whole is unconstitutional, but he did not strike it down nor issue an injunction. In addition, he upheld preventive services for women and children — autism and vision screenings, wellness visits, mammograms, and breastfeeding support programs. He also upheld the coverage requirement for immunizations.”

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(Source: Becker’s Payer Issues, September 8th, 2022)

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