A compromise may mean Obamacare’s precautionary obligations continue to be lifted


Attorneys in a federal appeals court on Friday said they are close to a settlement that could temporarily uphold government requirements that health insurance plans include coverage for HIV-preventive drugs, cancer screening and other preventive measures while a court battle over the mandates is ongoing .

A settlement could be presented to the court by Tuesday, lawyers for opponents of the mandates and the Biden administration, which is defending the mandates, said in a brief report filed with the 5th Circuit Court of Appeals in New Orleans.

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The HealthCare.gov website is photographed in Washington on December 15, 2017. Millions of people covered by the Affordable Care Act will see only small premium increases over the next year, and some will actually see a price reduction. (AP Photo/Jon Elswick)

In March, US District Judge Reed O’Connor ruled in Fort Worth, Texas that some of the screening requirements under former President Barack Obama’s 13-year-old health care law were unconstitutional.

The 5th District last month prevented the order from taking effect immediately. On Tuesday, a three-judge panel of the Court of Appeals heard arguments over whether the mandates should stand while appeals are played out in what is expected to be a lengthy legal battle. The panel later ordered the attorneys to report by Friday on the possibility of a temporary compromise.

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The Biden administration wants a stay order that ensures coverage for HIV prevention and other preventive measures remains widely available nationwide. Lawyers for the six plaintiffs challenging the mandate want to ensure their clients are not included in the stay — including a conservative activist and a Christian dentist who oppose paying for contraception and HIV prevention on religious grounds. Plaintiffs want to be able to refuse coverage without risking penalties, even if O’Connor’s sentence is eventually overturned outright.

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Brian Ashcraft

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