LANSING, Mich. (Michigan News Source) – Following a Texas court case, Governor Gretchen Whitmer says she’s “taking action today to protect preventative health services … so Michiganders can get the care they need without worrying about whether they can afford it.”

The court case, Braidwood Management Inc. v. Becerra, challenged the Affordable Care Act requirement that most private health insurers pay for preventative care services, such as certain pregnancy and cancer screenings, without cost to the patient. If upheld, it would render the requirement unconstitutional.

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Plaintiffs included six individuals and two businesses, who challenged preventative care mandates as violating Constitution and the Religious Freedom Restoration Act (RFRA). All the plaintiffs objected to the mandates on personal and/or religious grounds. Several individuals claimed that “compulsory coverage for [certain] services,” including contraceptives, the HPV vaccine, and PrEP HIV-preventing drugs “violates their religious beliefs by making them complicit in facilitating homosexual behavior, drug use, and sexual activity outside of marriage between one man and one woman.”

The court dismissed the plaintiffs’ contraceptive mandate claims but ruled the issue of the PrEP mandate in favor of the plaintiffs. As a result, they “need not comply with the preventative care coverage recommendations of the U.S. Preventative Services Task Force issued on or after March 23, 2010, because members of the Task Force have not been appointed in a manner consistent with Article II’s Appointments Clause.” This decision has been appealed.

In a Monday press release, Whitmer announced her partnership with the Department of Insurance and Financial Services (DIFS) to retain Michiganders’ access to preventative care.
“Protecting access to affordable early detection screenings for colon and skin cancer, high blood pressure, and other preventative healthcare services will save lives, reduce overall healthcare costs, and ensure a stable, healthy workforce for Michigan employers,” she said in the release. “The recent federal ruling striking down requirements for insurers to cover these services will put people’s health at risk and could raise their bills.”

DIFS director Anita Fox says that “under Governor Whitmer’s leadership, DIFS will work with fellow regulators across the country, the industry, and any other partners as appropriate.”
Governor Whitmer has directed the DIFS to do the following:
• Inform Michiganders of which healthcare services may be affected by the court’s ruling;
• Determine steps to uphold the ACA requirements in Michigan;
• Develop recommendations to ensure preventative healthcare will be available in the long term.

In her letter to DIFS, Whitmer said she “will be calling on both the state legislature and Congress to take swift action to pass laws … The time to act is now.”