WASHINGTON, DC—Today, the Fifth Circuit Court held in Braidwood Management v. Becerra that the United States Preventive Services Task Force’s (USPSTF) membership structure is unconstitutional while narrowing the nationwide preliminary injunction issued by the lower court to the named plaintiffs only.  Remaining claims were remanded to the lower court for further consideration. This means for now, plaintiffs’ health care plans do not need to cover the costs of recommended medications such as the HIV prevention medicine PrEP, breast cancer screenings, depression screenings, Hepatitis B and C and other STI counseling and screenings as required under the Affordable Care Act (ACA). Application of this new decision can have wide-ranging consequences in the future. 

Human Rights Campaign Senior Director of Litigation Cynthia Weaver released the following statement: 

“Today’s decision is a step towards stripping away the guaranteed coverage of essential, preventive health care such as PrEP under the Affordable Care Act, increasing health inequities and having devastating consequences for the LGBTQ+ community. Black and Latiné gay and bisexual men and transgender women are disproportionately impacted by HIV. Medicine such as PrEP – which, when taken as prescribed, reduces the chance of HIV transmission by close to 100% –  is a vital tool in maintaining the health and safety of our community. Ensuring that healthcare is affordable, culturally competent and comprehensive is a benefit to everyone. ”

The Human Rights Campaign is America’s largest civil rights organization working to achieve equality for lesbian, gay, bisexual, transgender and queer people. HRC envisions a world where LGBTQ+ people are embraced as full members of society at home, at work and in every community.