Last week, 20 HIV and hepatitis organizations filed an amicus brief with the Supreme Court in support of the US government’s position in Kennedy v. Braidwood Management, which challenges the Affordable Care Act’s (ACA) preventive services coverage requirement.1
The preventative services coverage requires private insurers to include a range of testing, including for HIV and hepatitis B and C, as well as preventative offerings, including PrEP for HIV and vaccinations for hepatitis A and B, and counseling for sexually transmitted infection prevention.2
This court case originated in 2023 when 6 Christian-owned businesses in Texas challenged the ACA's preventive services requirement, arguing that the PrEP coverage requirement violated their religious rights.
"Removing access to evidence-based preventive measures will have a devastating impact, not only on those at risk for acquiring HIV and hepatitis but also the population at large,” the HIV and hepatitis organizations wrote in the brief.
One of the organizations who filed the brief, the HIV+Hepatitis Policy Institute, offered commentary on this action.
What You Need to Know
Twenty organizations, including the HIV+Hepatitis Policy Institute, filed an amicus brief urging the U.S. Supreme Court to uphold the Affordable Care Act’s (ACA) preventive services coverage, which includes HIV and hepatitis testing, PrEP for HIV prevention, and vaccinations.
The case, Kennedy v. Braidwood Management, stems from a lawsuit by six Christian-owned businesses in Texas, arguing that the ACA’s requirement to cover PrEP violates their religious beliefs.
Advocates warn that removing access to preventive services, such as PrEP and testing, could lead to increased HIV and hepatitis infections, higher medical costs, and setbacks in efforts to end these diseases.
“Coverage of no-cost preventive services, including HIV and hepatitis testing, along with PrEP, now rests with the highest court in the land. In our brief, we laid out the critical role testing plays in linking people to life-saving medications and, in the case of hepatitis C, curative treatment, along with the importance of people knowing if they have an infectious disease. We describe the growing importance of PrEP in preventing HIV, including long-acting PrEP drugs, which are almost 100 percent effective in preventing HIV,” Carl Schmid, executive director of the HIV+Hepatitis Policy Institute, said in a statement.1 "We emphasize that coverage of preventive services by private insurers will help end HIV and hepatitis, and losing them would certainly damage the public health of our country and increase medical costs.”
According to HIV.gov, PrEP is highly effective at preventing HIV when taken as indicated. In fact, this form of prevention has been shown to reduce the risk of HIV infection from sex by about 99% when taken as prescribed. And even among people who inject drugs, it reduces the risk by at least 74% when taken as indicated.3
Along with the HIV + Hep Policy Institute, the other groups signing on to the brief are: ADAP Advocacy Association, AIDS Alabama, American Academy of HIV Medicine, Caring Ambassadors Program, Community Access National Network, Community Liver Alliance, Community Resource Initiative, Fast Track Cities Institute, Frannie Peabody Center, Georgia AIDS Coalition, Global Liver Institute, Hepatitis B Foundation, Hep B United, Housing Works, International Association of Providers of AIDS Care, Latino Commission on AIDS, NMAC, SIECUS, and Vivent Health.
References
1. 20 HIV & hepatitis organizations urge the U.S. Supreme Court to protect preventive services coverage.HIV and Hep Policy Institute. February 25, 2025. Accessed March 4, 2025.
https://hivhep.org/press-releases/20-hiv-hepatitis-organizations-urge-the-u-s-supreme-court-to-protect-preventive-services-coverage/
2. Preventative Care Benefits for Adults. Healthcare.gov. Accessed March 4, 2025.
https://www.healthcare.gov/preventive-care-adults/
3. Pre-Exposure Prophylaxis. HIV.gov February 7, 2025. Accessed March 4, 2025.
https://www.hiv.gov/hiv-basics/hiv-prevention/using-hiv-medication-to-reduce-risk/pre-exposure-prophylaxis
