For Immediate Release

DATE: March 30, 2023

CONTACT: Katie Reinisch,, 303-653-1009

Adam Fox,, 303-563-9108

CO Health Care Advocates Slam Today’s Ruling Striking Down Basic, Essential Benefits Covered under the ACA

DENVER – This morning, a federal judge in Texas struck down an essential provision of the Affordable Care Act that required preventative services to be cost-sharing free for consumers, claiming that insurers cannot be held to this requirement for some services.

This is not the first time that the ACA has been under attack in recent years, although today’s decision in Braidwood Management v. Becerra may have devastating consequences for millions of Americans. While not all benefits will be impacted by Judge O’Conners’ decision, benefits identified by and covered under the U.S. Preventive Services Task Force will be impacted. Because insurance plans and contracts under the ACA are set mainly for a calendar year, the impacts of the case could be delayed, and it is likely this ruling will be appealed.

Judge O’Connor invalidated all of the benefits covered under the U.S. Preventive Services Task Force, including lifesaving breast cancer screenings, colorectal and other cancer screenings, anxiety and depression screenings for children and adults, heart disease screenings, intimate partner violence screenings, and access to PrEP (pre-exposure prophylaxis), which can reduce the chance of contracting HIV. The ruling applies nationwide. 

The Colorado Consumer Health Initiative’s Deputy Director Adam Fox issued the following statement:

“Millions of Americans have accessed free preventative services in the past few years. While CCHI has worked to ensure ACA protections for all Colorado families at the state level, if this decision is upheld it will have a devastating impact on consumers nationwide who rely on free services and screenings and will force many individuals to put off care until there is an emergency. When one aspect of health care is put at risk, it threatens the fundamental right to health care and the implications are far-reaching. This ruling is dangerous and irresponsible as Americans firmly believe that preventative services should be covered with no co-pays, and this decision must be appealed.”


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