Fifth Circuit to Hear Oral Arguments in Case of Braidwood Management v. Becerra

Access to No-Cost Preventive Services That Have Saved Millions Must be Preserved

March 4, 2024

WASHINGTON, D.C. – March 4, 2024 – Today, the U.S. Court of Appeals for the Fifth Circuit will hear oral arguments in Braidwood Management v. Becerra, a case that threatens access to evidence-based preventive services without cost-sharing as required under the Affordable Care Act (ACA). The services at-risk include those recommended by scientific experts at the U.S. Preventive Services Task Force (USPSTF), the Advisory Committee on Immunization Practices (ACIP) and the Health Resources and Services Administration (HRSA). 

National health groups (listed below) filed an amicus brief citing research showing how cost-sharing decreases patients’ ability to receive care that can prevent disease, identify illness early and reduce the physical and financial burden of severe illnesses.  

The below statement can be attributed to these groups: 

“Protecting access to cost-free preventive care is critical as coverage of recommended preventive services has saved millions from cancer, HIV/AIDS, diabetes-related complications such as kidney disease, and other chronic illnesses. In fact, even relatively small levels of cost-sharing in the range of $1 to $5 dollars are associated with reduced use of care, including for necessary services. 

“In a shared mission to save lives from our nation’s most prevalent diseases, our organizations urge the court to preserve access to care as guaranteed by the ACA and uphold lifesaving prevention and early detection services for the more than 150 million eligible individuals covered by these provisions.” 

Protecting access to free preventive cancer screenings is the leading policy priority for 52% of cancer patients and survivors today, according to a February survey by the American Cancer Society Cancer Action Network (ACS CAN) that asked cancer patients and survivors to select their most pressing policy priorities. The data underscores growing concern in the case amongst those touched by cancer, with only 37% selecting no-cost preventive care as their top policy priorities in a similar 2020 survey.  

The above statement is on behalf of the American Cancer Society, American Cancer Society Cancer Action Network (ACS CAN), American Kidney Fund, Arthritis Foundation, CancerCare, Cancer Support Community, Cystic Fibrosis Foundation, Hemophilia Federation of America, The Leukemia and Lymphoma Society, National Multiple Sclerosis Society and The AIDS Institute. 

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