The Sconi

Attorney General Josh Kaul has joined a coalition of 23 attorneys general in filing an amicus brief with the U.S. Supreme Court. The brief urges the court to protect a key provision of the Affordable Care Act (ACA) that ensures access to preventive health care services for millions of Americans. This action comes in response to a lower court's decision declaring the structure of the U.S. Preventive Services Task Force unconstitutional, which could limit access to essential medical care.

Before the ACA was enacted, many Americans found it difficult to afford preventive services like cancer screenings due to lack of insurance coverage. The ACA aimed to remove this barrier by mandating that most private insurance plans cover recommended preventive services without out-of-pocket costs.

"This case will determine whether no-cost preventive care is taken away from millions of Americans," stated Attorney General Kaul. "This no-cost health care saves lives, and it’s vital that it remains in place."

The coalition is asking the Supreme Court to overturn the U.S. Court of Appeals for the 5th Circuit's decision in Kennedy v. Braidwood Management Inc., which ruled against the task force's authority over insurance plans. The brief argues that task force members are constitutionally appointed and overseen by the Department of Health and Human Services' secretary, thus maintaining their constitutional validity.

The coalition highlights that since its inception in 2010, this ACA provision has significantly improved public health outcomes by expanding access to preventive services. Within four years after its passage, approximately 76 million Americans gained expanded coverage for one or more preventive services at no cost, with an estimated 151.6 million people benefiting from such coverage as of 2020.

Additionally, this provision has helped reduce disparities across socioeconomic, racial, and ethnic lines by broadening access to various preventive services.

Joining Attorney General Kaul are attorneys general from Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina Oregon Rhode Island Vermont and Washington.