Health Affairs March 4, 2024
Devon R. Minnick, Richard H. Hughes IV, Ada Peters, Naomi Seiler, Sara Rosenbaum

Braidwood Management v. Becerra, scheduled for oral argument in the Fifth Circuit Court of Appeals today, March 4, has the potential to undermine decades of bipartisanship and groundbreaking innovation aimed at ending the transmission of the HIV virus that causes AIDS. This would have long-lasting consequences for preventive health care and society in general. Even more broadly, the case has received significant attention for its potential to essentially decimate the Affordable Care Act’s (ACA’s) guarantee of coverage without cost sharing for hundreds of categories of free preventive health care.

One of these categories is pre-exposure prophylaxis (PrEP). Since its introduction in 2012, PrEP has been applauded by Republicans and Democrats alike as a highly effective public health tool to prevent...

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