Legislative Update: Texas Judge Ruling on ACA Preventive Care Services

On March 30, 2023, a federal judge in Texas struck down a key provision of the Affordable Care Act. If the ruling holds, a wide range of preventive services and the HIV prevention drug PrEP would not be required to be covered with no Cost Share for the patient.

The government Department of Justice filed an appeal of the ruling the next day. The case will go to the U.S. Fifth Circuit Court of Appeals. An appeal might result in a temporary block on the Texas judge’s order, but that result is not guaranteed.

While we are uncertain how this ruling might impact health plan designs for future years, be assured that member benefits will not change for 2023. We will monitor the situation and provide updates as new decisions are made or new guidance from the government becomes available.

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