Attorneys close to agreement on ACA preventive care mandate

Lawyers told a federal appeals court Friday they are close to a deal that could temporarily uphold government requirements that health insurance plans include coverage of HIV-prevention drugs, cancer screenings and other preventive care. While the court battle continues on the mandate.

A settlement may be ready to present in court by Tuesday, opponents of the mandate and lawyers for the Biden administration, which is defending the mandate, said in a brief filed with the 5th Circuit Court of Appeals in New Orleans. .

In March, US District Judge Reed O’Connor in Fort Worth, Texas, ruled some of the preventive care needs are unconstitutional under former President Barack Obama’s 13-year-old health care law. fifth circuit order withheld last month with immediate effect. On Tuesday, a panel of three appeals court judges heard arguments on whether the mandate should remain in place, while the appeal looks set to be a protracted legal battle. The panel later issued an order for the lawyers to report by Friday on the possibility of a tentative settlement.

The Biden administration wants a moratorium order that would make nationwide coverage available for HIV prevention and other preventive care more broadly. Lawyers for the six plaintiffs challenging the mandate want to make sure any stay doesn’t involve their clients — including a conservative activist and a Christian dentist who oppose coverage for contraception and HIV prevention on religious grounds. We do. Plaintiffs want to be able to deny coverage without risking penalties, even if O’Connor’s ruling is ultimately overturned in its entirety.

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