Judge Strikes Down Obamacare Insurance Requirement For Free Preventive Care

By Bill Galluccio

March 30, 2023

President Biden Signs Executive Order To Reopen Obamacare Enrollment
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A federal judge has struck down Affordable Care Act rules that require insurance companies to provide certain preventive care at no cost. U.S. District Judge Reed O'Connor ruled that recommendations issued by the U.S. Preventive Services Task Force are a violation of the appointments clause of the Constitution.

The task force is made up of 16 volunteer scientists and medical professionals who can make binding recommendations on what type of care must be covered by insurance companies at no cost.

In September, O'Connor ruled that the U.S. Preventive Services Task Force was unconstitutional because the volunteers were not appointed by the President or confirmed by the Senate. At the time, he did not decide whether his ruling applied just to the plaintiffs in the case.

In his latest ruling, O'Connor decided that the mandates should be struck down nationwide.

He also found that Obamacare's requirement to cover HIV-prevention drugs violates the Religious Freedom Restoration Act of 1993.

The Justice Department is expected to appeal O'Connor's decision and ask for an injunction to prevent it from going into effect.

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