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America’s Essential Hospitals Joins National Hospital Groups to Urge Court to Preserve ACA Preventive Services Requirement Pending Appeal

May 5, 2023


WASHINGTON — America’s Essential Hospitals, joined by the American Hospital Association, the Federation of American Hospitals, the Catholic Health Association of the United States, and the Association of American Medical Colleges, today urged the U.S. Court of Appeals for the 5th Circuit to keep in place pending appeal an Affordable Care Act requirement that most health plans cover certain preventive services without cost sharing. A federal judge in Texas recently vacated the requirement nationwide, prompting the Department of Health and Human Services and plaintiff to appeal the decision.

“Regardless of what this Court decides on the merits, reinstating the ACA’s preventive-care requirement down the road will not remedy the harms that Americans would suffer in the interim if a partial stay is not granted,” the friend-of-the-court brief states. As it considers this appeal, the Court should preserve the expert, nonpartisan medical judgment of the United States Preventive Services Task Force and keep the preventive-services requirements in place.”

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About America’s Essential Hospitals
America’s Essential Hospitals is the leading association and champion for hospitals dedicated to equitable, high-quality care for all, including those who face social and financial barriers to care. Since 1981, America’s Essential Hospitals has advanced policies and programs that promote health, health care access, and equity. We support our more than 300 members with advocacy, policy development, research, education, and leadership development. Communities depend on essential hospitals for care across the continuum, health care workforce training, research, public health and health equity, and other services. Essential hospitals innovate and adapt to lead all of health care toward better outcomes and value. Learn more at

Carl Graziano

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