Patient Groups File Amicus Brief in Support of DOJ’s Motion for Stay to U.S. Court of Appeals for the Fifth Circuit

Brief Cites Imminent Struggle for Millions of Patients to Access Current, Evidence-Based Preventive Services

April 28, 2023

WASHINGTON, D.C. – April 28, 2023 – Today, patient groups representing millions of individuals with serious health conditions filed an amicus curiae (or friend-of-the-court) brief supporting the Department of Justice (DOJ)’s motion asking the U.S. Court of Appeals for the Fifth Circuit to stay the District Court’s judgment in the case of Braidwood v. Becerra.   

The amicus brief urges the appeals court to put the lower court’s March 30 ruling on hold citing the devastating impact the decision will have on patient access to critical preventive care services absent a stay.  

The groups, including the American Cancer Society Cancer Action Network, Arthritis Foundation, American Kidney Fund, Cystic Fibrosis Foundation, The Leukemia & Lymphoma Society, the National Multiple Sclerosis Society, and The AIDS Institute (full list is below), issued the following statement in reaction to today’s filing: 

“We strongly support the DOJ in its effort to convince the U.S. Court of Appeals for the Fifth Circuit that allowing the District Court’s judgment to take effect would reverse a decade’s worth of progress in improving health outcomes. Given the risk to public health and the imminent harm posed to patients we serve, we urge the Fifth Circuit to stay the lower court’s decision so that individuals maintain the ability to access lifesaving, preventive care services.  

“Over 150 million individuals in the U.S. who have health insurance benefit from cost-free coverage for preventive services under the ACA’s preventive requirements, with a majority of privately-insured adults reporting receiving some form of preventive healthcare without cost-sharing thanks to the provision in the health care law.  

“Coverage of U.S. Preventive Services Task Force recommendations without cost-sharing reduces barriers to evidence-based preventive services. Without a stay, millions of persons, including those amici serve and support, may face cost-sharing or may no longer have access to current preventive care services that are proven to save lives. On behalf of the patients whom we serve, and those who have yet to be diagnosed, we will continue to advocate throughout this legal challenge so access to no-cost preventive services as required under the ACA continues uninterrupted.” 

The full list of groups who joined the amicus are as follows: American Cancer Society, American Cancer Society Cancer Action Network, American Kidney Fund, Arthritis Foundation, CancerCare, Cancer Support Community, Cystic Fibrosis Foundation, Epilepsy Foundation, Hemophilia Federation of America, The Leukemia & Lymphoma Society, National Minority Quality Forum, National Multiple Sclerosis Society, National Patient Advocate Foundation, The AIDS Institute, and WomenHeart. 

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