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Association Files Second Amicus Brief in ACA Case

Julie Kozminski
June 30, 2023

America’s Essential Hospitals, in coalition with other national hospital associations, filed a second 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 again 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. America’s Essential Hospitals’ first brief supported the partial stay. The partial stay was granted, keeping the ACA preventive services mandate in place. The court now is considering the merits of the case.

The second brief supports the preventive services mandate and emphasizes that preventive health services are essential to improving health outcomes and saving long-term public costs. 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 or 202.585.0127 with questions.

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