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Association Files Amicus Brief in ACA Case

Faridat Animashaun
May 9, 2023

America’s Essential Hospitals, in coalition with other national hospital associations, filed an amicus brief urging the U.S. Court of Appeals for the 5th Circuit to restore an Affordable Care Act (ACA) requirement that most health plans cover certain preventive services.

The association joined the American Hospital Association, the Federation of American Hospitals, Catholic Health Association of the United States, and the Association of American Medical Colleges, to file the brief in Braidwood Management Inc. v. Becerra.

On March 30, U.S. District Judge Reed O’Connor of the District Court for the Northern District of Texas issued a judgment that nullified the ACA preventive services mandate. The federal government on March 31 filed a notice of appeal to the 5th Circuit and a motion for a partial stay to prevent the ruling from taking effect while the appeal is pending.

The brief emphasizes that preventive health services are essential to improving health outcomes and saving public costs in the long-term. Additionally, the brief argues that patients are less likely to use preventive services if they must pay for these services; therefore, ensuring access to these benefits is in the public interest.

Contact Director of Policy Rob Nelb, MPH, at rnelb@essentialhospitals.org or 202.585.0127 with questions.

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