In Friday’s landmark decision, the Supreme Court upheld non-cost preventive care compensation under the Affordable Care Act (ACA), making drugs like PREP accessible and free and accessible to millions of people, including the LGBTQ+ community that rely on HIV prevention.
Decisions of 6–3 Kennedy v. Bladewood We confirm the constitutionality of the US Preventive Services Task Force, the person responsible for recommending what health services insurance companies must cover at no out-of-pocket costs. If the court ruled otherwise, access to important screenings and HIV prevention tools such as PREP could have been severely at risk.
What was dangerous?
The incident comes from a lawsuit brought by a Christian-owned company that opposed to cover Prep, a daily pill that has been proven to prevent HIV, for religious reasons. The plaintiffs alleged that the task force structure violated the constitutional appointment clause and promoted what was described as “homosexual behavior” by providing preparations without cost sharing.
Cue collective eye rolls.
They argued that the constitutional constitution cannot require health insurance companies to cover services like PREP, as task force members were inappropriately appointed. The lower court initially took charge of the plaintiff aspects, putting PREP coverage at risk across the country. But on Friday the High Court overturned these decisions, effectively saying: Not too fast.
Writing for the majority, Judge Brett Kavanaugh said that members of the task force are “underrepresentative officers” who are properly supervised and appointed under current law. In short, the structure stands out and so does protection.
Misttr CEO Tristan Schukraft: “This is a big win.”
Among those celebrating this decision is Tristan Schukraft, CEO of MISTR, the largest telehealth provider of free PREP and HIV care in the United States. MISTR currently serves more than 500,000 users nationwide. This includes one in five prepared users in the country.
In a statement GateySchcraft praised the ruling:
“Today’s decision is a huge victory for everyone who relies on preventive care to stay healthy and HIV-free. At Mistol, we have always believed that sexual care should be easy, stigma-free and accessible to everyone. And this ruling will help protect that vision. – so you don’t have to.”
The ruling allows MISTR and other providers to continue offering zero-cost prevention options, removing another hurdle between patients and their appropriate care.
ACA Preventive Services Live to See Another Day
The Affordable Care Act, passed in 2010, requires insurance companies and group health plans to provide access to the task force’s recommended services without co-payments, deductions or other cost-sharing measures. This includes not only preparation, but also screening for neck, colorectal cancer and lung cancer, as well as diabetes management and drugs that reduce the risk of heart disease.
Advocacy groups warned that rulings against the task force could have widespread consequences and discourage increased costs, particularly access to preventive care for LGBTQ+ individuals.
Strange bed fellow: Biden and Trump agreed (a kind)
With a rare twist, both the Biden and Trump administrations have defended the structure of the task force, for a variety of reasons. Legal conflict aside, the result means that patients will not catch cancer early or lose access to critical services that could completely prevent HIV.
The ruling is the cause of celebration, but health advocates warn that the fight is not over. Litigations targeting access to LGBTQ+ healthcare and physical autonomy continue to flood courts, with organizations like MistR remaining at the forefront.
Still, Friday’s decision shows a moment of meaningful and fierce fighting relief.
Source: Gayety – gayety.com
