Federal Judge Rules Against Obamacare Coverage Of HIV Prevention Drugs | Eastern North Carolina Now | A federal judge in Texas struck down a provision in the Affordable Care Act that requires employers and insurers to cover HIV prevention drugs, ruling that the requirement opposes the religious freedom of some Christian-led companies.

Coronavirus Disease 2019 (COVID-19)
    Publisher's Note: This post appears here courtesy of the The Daily Wire. The author of this post is Dillon Burroughs.

    A federal judge in Texas struck down a provision in the Affordable Care Act that requires employers and insurers to cover HIV prevention drugs, ruling that the requirement opposes the religious freedom of some Christian-led companies.

    Judge Reed O'Connor's ruling on Wednesday could have far-reaching consequences for the act popularly known as Obamacare.

    "Braidwood has shown that the PrEP mandate substantially burdens its religious exercise," he wrote. "The burden thus shifts to Defendants to show that the PrEP mandate furthers a compelling governmental interest and is the least restrictive means of furthering that interest. Defendants have not carried that burden."

    The case, Braidwood Management Inc. et al. v. Becerra, included six individuals and two businesses that challenged the preventive care mandates under the Constitution and Religious Freedom Restoration Act.

    The Religious Freedom Restoration Act prohibits any government agency from substantially burdening an individual's religious practice. The plaintiffs argued that the coverage of the drug opposed their religious convictions as they did not desire to encourage same-sex behavior.

    The drug targeted in the lawsuit is preexposure prophylaxis, popularly called PrEP. The drug was recommended by the Department of Health and Human Services in 2019 to help prevent HIV infection for those at high risk, forcing health insurance plans to cover it.

    The drug reportedly reduces the risk of contracting HIV from sex by roughly 99% and from drug injection by about 74%. The drug is taken primarily by men who have sex with men, but also by heterosexual individuals who may be at high risk for the disease, according to the Centers for Disease Control and Prevention (CDC). Survivors of sexual assaults are also sometimes prescribed PEP (postexposure prophylaxis).

    O'Connor also stated in the ruling that the task force's system for deciding which services should be fully covered under the Affordable Care Act was unconstitutional. The ruling opposed some additional preventive services covered under the U.S. Preventive Services Task Force, including colorectal and other cancer screenings, depression screenings, and hypertension screenings.

    Carl Schmid, executive director of the HIV+Hepatitis Policy Institute, told Roll Call that he expects the case will be appealed.

    "Preventive services covered by private insurance plans without cost-sharing, such as HIV testing, hepatitis B and C testing, and PrEP, are all critical and well-established public health preventive services that must continue," he said in a statement. "To single out PrEP, which are FDA approved drugs that effectively prevent HIV, and conclude that its coverage violates the religious freedom of certain individuals, is plain wrong."

    The ruling follows a 7-2 Supreme Court ruling in June 2021 to reject a challenge to the Affordable Care Act from Texas Attorney General Ken Paxton and 17 other Republican attorneys general.

    The attorneys general argued against the constitutionality of the law's individual mandate, its prohibition on lifetime benefit caps, and its guarantee of protection for individuals with pre-existing conditions.
Go Back


Leave a Guest Comment

Your Name or Alias
Your Email Address ( your email address will not be published)
Enter Your Comment ( no code or urls allowed, text only please )




Elon Musk Scores Win In Court Battle Against Twitter Daily Wire, Guest Editorial, Editorials, Op-Ed & Politics GOP pledges to repeal 87,000 new IRS auditors


HbAD0

Latest Op-Ed & Politics

Vice President Kamala Harris is spearheading a White House initiative to electrify the nation’s school buses, the administration announced Wednesday.
A spokesman for Santa's Workshop today announced the organization's latest advance in their ongoing efforts to determine who's naughty and who's nice
politization of leadership is biggest public concern
Twitter CEO Elon Musk said Monday that he will soon be releasing files on how the social media platform has engaged in suppressing free speech.
In the age of wokeness, ideological (re)education trumps mission-preparedness.
A new book alleges that after Ted Kennedy left his car and his passenger, Mary Jo Kopechne, in a pond off of Chappaquiddick Island, where Kopechne drowned, he returned to the party they had attended and told his close friends he wanted to say Kopechne was driving the car.
Hawaii’s largest active volcano began erupting Sunday night, with lava flow warnings issued to the surrounding area.
Apple CEO Tim Cook confirmed this morning that he's prepared to remove the Twitter app from the App Store but that he's waiting for orders from CCP President Xi before he makes a move.
A wave of Twitter users began impersonating government officials and major corporations after Elon Musk introduced a new scheme for verifying users on the platform.

HbAD1

In a dramatic ruling issued just days before midterm elections, the North Carolina Supreme Court upheld a lower court’s ruling and ordered the transfer of millions of dollars to pay for a school improvement plan designed to ensure North Carolina’s school children receive a sound basic education
Chest reconstruction surgeries performed on minors across the United States increased by approximately 400% during a three-year span, according to a new report.
bill would subsidize MSM, leave out conservative media
Christine McVie, the English singer-songwriter who helped launch the rock band Fleetwood Mac into international fame, has died. She was 79.
Research suggests that certain octopuses deliberately throw objects like silt, sand, and shells at other octopuses.
Balenciaga is facing a wave of online criticism after a MyPillow pillow was spotted in the background of one of the company's photo shoots for its winter collection. The CEO of MyPillow Mike Lindell is known for his strong support of Donald Trump.
Charges against the CEO of an election technology company have been dismissed after Los Angeles County prosecutors found “potential bias” in an investigation.
Twitter CEO Musk promises, 'Twitter 2.0 will be far more effective, transparent and even-handed'

HbAD2

 
Back to Top