Susan G. Komen® Warns of Dire Impact from Braidwood Management, Inc. et al. v. Xavier Becerra et al. Ruling That Will Force Costs of Preventive Care onto Millions
2024年6月22日 - 5:08AM
ビジネスワイヤ(英語)
Ruling Threatens Vital Breast Cancer Screening
and Preventive Services for Millions of Americans
Susan G. Komen®, the world’s leading breast cancer organization,
today expressed serious concerns about a ruling from the Fifth
Circuit Court of Appeals on Braidwood Management, Inc. et al. v.
Xavier Becerra et al., a case impacting access to preventive
services for millions of Americans, and the first major judicial
challenge to the Affordable Care Act’s preventive services
requirement.
“The Fifth Circuit’s decision endangers access to vital,
evidence-based services relied upon by 150 million Americans,
including life-saving mammography screenings, our most effective
tool for early breast cancer detection," said Paula Schneider,
president and CEO of Susan G. Komen, and a breast cancer survivor.
“We cannot allow this ruling to reverse the significant strides
we've made in saving lives through early detection and access to
affordable health care. Lives depend on maintaining this
progress.”
The Braidwood lawsuit threatened coverage of preventive services
recommended by the U.S. Preventive Services Taskforce (USPSTF),
which currently come at no cost to individuals. As it relates to
breast cancer, the Affordable Care Act (ACA) requires insurers to
cover the full cost of breast cancer screening mammograms, genetic
counseling and testing for women who may be genetically predisposed
to cancer, and medications that can lower one’s risk of developing
cancer. The recommendations of the USPSTF also apply to other
areas, including screenings for other cancers, tobacco cessation,
contraception and immunizations.
The Fifth Circuit agreed with the plaintiffs (Braidwood
Management, Inc.) and District Court that the recommendations of
the USPSTF are unconstitutional, since they violate the
Appointments Clause. However, the Fifth Circuit did not agree with
the District Court’s decision to apply the outcome nationwide,
rather stating that the ruling should only apply to the parties in
the case. While this limitation is positive, the Court’s ruling on
the merits still could wreak havoc on the ACA’s preventive services
mandate.
“Komen is hopeful the U.S. Supreme Court will agree to hear an
appeal to the Fifth Circuit’s ruling and overturn it so that anyone
who requires preventive services can access them at no cost,
improving outcomes for all Americans,” said Molly Guthrie, VP of
Policy and Advocacy at Susan G. Komen. “This decision is too
important to get wrong and Komen is committed to doing everything
it can to maintain affordable and accessible care for all.”
For the first time in the history of Susan G. Komen, the
organization filed its own amicus curiae or “friend of the court”
brief because of the potential impact on millions of people who may
need access to affordable breast cancer risk reduction and early
detection services. In 2024 alone, more than 313,000 people in the
U.S. will be diagnosed with breast cancer and nearly 43,000 are
expected to die from the disease.
About Susan G. Komen®
Susan G. Komen® is the world’s leading nonprofit breast cancer
organization, working to save lives and end breast cancer forever.
Komen has an unmatched, comprehensive 360-degree approach to
fighting this disease across all fronts and supporting millions of
people in the U.S. and in countries worldwide. We advocate for
patients, drive research breakthroughs, improve access to
high-quality care, offer direct patient support and empower people
with trustworthy information. Founded by Nancy G. Brinker, who
promised her sister, Susan G. Komen, that she would end the disease
that claimed Suzy’s life, Komen remains committed to supporting
those affected by breast cancer today, while tirelessly searching
for tomorrow’s cures. Visit komen.org or call 1-877 GO KOMEN.
Connect with us on social at
www.komen.org/contact-us/follow-us/.
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Amanda DeBard Susan G. Komen (972) 701-2131
adebard@komen.org