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'Obamacare' will still cover prevention for HIV, other illnesses amid court battle

The government can keep enforcing “Obamacare” requirements that say health insurance plans must cover preventative care, amid a legal battle over the mandates

By KEVIN McGILL
Published - Jun 13, 2023, 10:48 AM ET
Last Updated - Jun 21, 2023, 08:30 AM EDT

The government can keep enforcing “Obamacare” requirements that health insurance plans cover preventative care — such as HIV prevention, some types of cancer screenings and other illnesses — while a legal battle over the mandates plays out, under a court agreement approved Tuesday.

The pact approved by the 5th U.S. Circuit Court of Appeals preserves — at least for now — cost-free preventive care coverage for millions of Americans under the Affordable Care Act.

That coverage was thrown into question by a March ruling from a federal judge in Texas, who said some of the preventive care requirements under former President Barack Obama’s 13-year-old health care law are unconstitutional.

The ruling by U.S. District Judge Reed O'Connor had nationwide effects. The Biden administration had argued last week at the appeals court that the ruling should be stayed while appeals are pursued.

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