Braidwood v. Kennedy

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Identifying and treating cancer at an early stage – before it has an opportunity to grow and spread – can meaningfully improve clinical outcomes and reduce overall health care costs. Diagnosing and treating cancer early can also reduce overall health care expenditures. ACS CAN is committed to ensuring that everyone has access to evidence-based preventive services at no cost to them.

Unfortunately, a lawsuit in Texas challenges the provisions of the Affordable Care Act (ACA) that require most private insurers (and coverage for the Medicaid expansion population) to cover preventive services recommended by the US Preventive Services Task Force (USPSTF), Advisory Committee on Immunization Practices (ACIP) and Health Services and Resources Administration (HRSA) without cost sharing as constitutionally flawed in the case of Braidwood Management v. Kennedy. The crux of the claim is Congress unconstitutionally delegated too much authority to these entities because their members are not appointed by the President nor confirmed by the US Senate.


Braidwood v. Kennedy Resources


February 25, 2025

ACS CAN  joined 33 Patient and Medical Professional Organizations to File an Amicus Brief Urging the US Supreme Court to Protect Lifesaving Preventive Care Without Patient Cost-Sharing

January 13, 2025

ACS CAN issued a press release applauding the Supreme Court’s decision to grant the government’s petition for certiorari in the Braidwood Management v. Becerra case.

October 21, 2024

ACS CAN lead patient groups in filing an amicus brief at the U.S. Supreme Court supporting the government’s petition for certiorari in the case. ACS CAN also issued a press release.

March 4, 2024

ACS CAN issued a press release in connection with the Fifth Circuit’s oral arguments.

June 27, 2023

ACS CAN lead other patient groups in filing an amicus brief in the Fifth Circuit in support of the Department of Justice’s defense of the ACA. ACS CAN also issued a press release.

June 13, 2023

ACS CAN issued a press release applauding the Fifth Circuit’s approval of an agreement by the parties staying the district court’s decision.

May 15, 2023

ACS CAN issued a press release applauding the Fifth Circuit staying the district court’s opinion in Braidwood.

May 11, 2023

ACS CAN issued a Survivor Views survey finding a majority of cancer patients and survivors would be less likely to get recommended preventive care if costs were imposed.

April 25, 2023

ACS CAN created a chart comparing select USPSTF recommendations that were in existence as of the date of enactment of the ACA, showing the differences the recommendations that would be impacted by the ruling.

April 13, 2023

ACS CAN joined more than 50 groups in a press release applauding the Department of Justice’s request for a stay in the District Court’s opinion in Braidwood.

March 30, 2023

ACA CAN joined 23 organizations in a press release condemning the Braidwood decision.

March 30, 2023

ACS CAN issued a press release condemning the District Court’s decision on the remedy in Braidwood.

November 30, 2022

ACS CAN-lead 16 group in the filing of an amicus brief in the final opinion (related to the remedy) in Braidwood. ACS CAN also issued a press release.

September 8, 2022

ACS CAN joined patient groups in a press release expressing concern that the initial decision in Braidwood could undermine access to preventive services.

September 7, 2022

ACS CAN issued press release expressing concern in the initial decision in Braidwood.

 

 

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