A case before a federal judge in Texas threatens to undermine one of the most popular provisions in the Affordable Care Act, which requires most health plans to provide coverage for preventive care with no copays. | via NPR
determined services and screenings for maternal and child health coverage.
"The plaintiffs argue that this structure delegates too much decision-making power to the groups without providing sufficient guidance – or what they call 'intelligible principle' – to exercise their discretion," Twinamatsiko explains. Some legal scholars say that the argument that Congress has not provided enough specific guidance on what counts as preventive care could hold up in court., a constitutional law professor at South Texas College and a scholar at the Cato Institute."The courts might react to this position by saying, 'Congress: If you want something like birth control covered, you have to be more precise," Blackman says.of the U.S.
"I'm expecting a pretty sweeping decision that is likely to invalidate all the preventive care requirements," Keith says. Legal experts expect the case will be appealed to the U.S. Court of Appeals for the Fifth Circuit and ultimately end up before the U.S. Supreme Court. Though the Supreme Court has upheld the Affordable Care Act in prior cases, there's now a new make-up of justices. Scholars point to the recent