The Supreme Court heard arguments Monday on a case that could impact the future of preventive health services covered under the Affordable Care Act.
At issue is the legality of the U.S. Preventive Services Task Force, which makes recommendations for preventive health services that must be covered for patients under the ACA.
The plaintiffs question whether the 16 members of the task force, who are appointed by the Secretary of Health and Human Services, but not confirmed by Congress, are constitutionally appointed.
"These (appointees) are still unconstitutionally appointed because Congress has not vested the Secretary of Health and Human Service with the authority to appoint the task force," argued attorney Jonathan Mitchell, representing the plaintiffs.
However, several justices appeared skeptical of this argument during the hearing.
"I just don't see the indicators that this task force ... is more powerful than the Secretary of HHS or the President in terms of how these recommendations are going to affect the health care industry," Justice Brett Kavanaugh said.
The lead plaintiff, Braidwood Management, is a Christian-owned business that initially brought the case based on religious objections to the ACA providing coverage for HIV prevention medication.
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But health experts warn the decision could have much broader implications for preventive care across the country.
"It would include everything that's been approved by this task force since the ACA was implemented," said Katherine Hempstead, a senior policy officer with the Robert Wood Johnson Foundation, a philanthropic organization focused on health care.
"People would no longer have coverage at no cost for many of the more recent evidence-based preventive service recommendations, including screenings for cancer and screenings from infectious disease," Hempstead said. "So, it will impact health and mortality."
Dr. Georges Benjamin, who is the executive director of the American Public Health Association, said a ruling that favors the plaintiffs could impact tens of millions of people who rely on their health coverage for preventive care.
"It's going to impact everybody in the country," Benjamin said. "This would mean that your costs for preventive health services would go up, that in many cases you'll have to pay a co-payment or to increase your premiums. That will be very problematic, because most people don't have to pay for that right now."
About 150 million people are enrolled in private health insurance plans, and according to a recent study, more than 39 million people use one of the 10 preventive services most jeopardized by this case.
The sides involved in the case will have to wait for an answer. The Supreme Court typically releases all of its opinions by the end of June.
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