A pedestrian walks past the Leading Insurance Agency, which offers plans under the Inexpensive Care Act (also often called Obamacare) on January 28, 2021 in Miami, Florida.
Joe Raedle | Getty Images
A federal appeals court in Latest Orleans temporarily placed on hold Monday a federal judge’s ruling striking down a component of the Inexpensive Care Act that requires most insurers to cover preventative care including vaccines and screenings for cancer, diabetes and HIV.
Without comment, the fifth U.S. Circuit Court of Appeals issued an “administrative stay” of the March 30 ruling issued by U.S. District Judge Reed O’Connor of Texas.
The Biden administration had asked for a stay because it appealed the March 30 decision. Administration lawyers said in court filings that O’Connor’s decision would affect preventive take care of 150 million people.
O’Connor, a nominee of former President George W. Bush, is similar judge who ruled greater than 4 years ago that all the health care law, a signature achievement of former President Barack Obama, was unconstitutional. The U.S. Supreme Court later overturned that ruling.
In his March ruling, O’Conner blocked only the requirement that almost all insurers cover a variety of preventive care. The ruling was a win for plaintiffs who include a conservative activist in Texas and a Christian dentist who opposed mandatory coverage for each contraception and an HIV prevention treatment on religious grounds.
The appeal is within the early stages and the appeals court has not yet set a date for arguments.
The necessities for coverage are driven by recommendations by the U.S. Preventive Services Task Force, which is made up of volunteers. O’Connor ruled that enforcing the recommendations violated constitutional language on how government officials will be appointed.