Golden State Today

California Attorney General Rob Bonta, along with a coalition of 23 attorneys general, has filed an amicus brief with the U.S. Supreme Court to support the Affordable Care Act's (ACA) preventive care mandate. This mandate requires private insurers to cover certain preventive services at no cost, as determined by the Preventive Services Task Force.

The coalition argues that the Fifth Circuit Court made an error in finding that the Task Force violates the Appointments Clause of the U.S. Constitution. They assert that this provision has significantly improved public health outcomes by expanding access to essential and often life-saving care. The coalition warns that making Task Force recommendations unenforceable could lead insurers to reinstate out-of-pocket fees for preventive care.

"Preventive care is the cornerstone of a healthy society and, in many instances, can be the difference between life and death," said Attorney General Bonta. "That’s why I’m standing with my fellow attorneys general in urging the U.S. Supreme Court to reverse the Fifth Circuit’s decision and preserve the no-cost preventive health care services upon which millions of Americans rely."

Studies have shown that after implementing the ACA's preventive care mandate, there was an increase in preventive care usage, improving public health outcomes by enabling earlier identification and treatment of illnesses.

The brief states that the Task Force is an independent panel of national experts making evidence-based recommendations about clinical preventive services and does not violate constitutional clauses. The attorneys general argue against discarding insurance coverage requirements if Task Force members are deemed principal officers.

Attorney General Bonta has consistently defended this mandate, participating in various legal actions since January 2022. He described a March 2023 ruling striking down part of it as "dangerous and short-sighted." The current brief includes support from attorneys general across several states including Arizona, Colorado, Connecticut, Delaware, and others.

A copy of the brief is available online.