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Millions would lose access to free preventive health care services such as cancer screenings, the public health brief says
The American Public Health Association, along with 115 leading public health deans, scholars and organizations including the Robert Wood Johnson Foundation and Trust for America’s Health, has filed a public health amicus brief in the U.S. Supreme Court case Robert F. Kennedy, Jr., Secretary of Health and Human Services, et al. v. Braidwood Management, Inc., et al.
The brief highlights the significant harm to the public health that would result if the High Court upholds a lower court decision invalidating a provision of the Affordable Care Act that provides free preventive health services to more than 150 million Americans.
“If the ruling is permitted to stand, deadly diseases will not be detected and important treatments will be unavailable–resulting in serious illnesses, chronic medical conditions, and deaths that otherwise would have been prevented, " says the brief.
It goes on to say that prior to the ACA a significant number of health insurance plans failed to cover preventive tests and services. Plans that did provide coverage often required patients to pay a share of the cost–a practice that deterred many people from obtaining these potentially lifesaving services.
“The Affordable Care Act dramatically improved access to preventive care that saves and improves lives,” said Lynn Goldman, the Michael and Lori Milken Dean of the Milken Institute School of Public Health at the George Washington University. “The Supreme Court must maintain Americans’ access to these cost-free services which research shows can identify serious health risks early on so that they can be addressed.”
Services that could be affected by the Supreme Court ruling include screenings for lung and colon cancer; medications to reduce the risk of heart attacks and breast cancer; screenings for diabetes and other chronic conditions; and other potentially life saving services.
“Preventative health services required by the Affordable Care Act, improve health and save money,” said Georges C. Benjamin, MD Executive Director of the American Public Health Association. “Access to these lifesaving services must be maintained to achieve optimal health for all.”
The brief calls on the Supreme Court to reverse the lower court ruling and maintain Americans’ no-cost access to these crucial preventive health services. The Supreme Court is set to hear oral arguments on this case April 21, 2025.
The brief can be accessed at the Supreme Court website here. The landing page for the entire docket in this case can be found here.
The amici are represented by attorney Andrew J. Pincus at Mayer Brown LLP in Washington, DC.
The views presented in the brief represent those of the amici and do not reflect the views of their institutions.
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The American Public Health Association champions optimal, equitable health and well-being for all. With our broad-based member community and 150-year perspective, we influence federal policy to improve the public’s health. Learn more at www.apha.org.