Appeals Court decision protects access to no-cost preventive CRC screening
On June 7, the U.S. Court of Appeals for the Fifth Circuit reversed a district court decision that had ruled provisions in the Affordable Care Act (ACA), which provide for no-cost preventive screening for colorectal cancer and other conditions, unconstitutional. In the ACA, Congress sought to reduce barriers to colorectal cancer screening and other preventive services by requiring insurers to cover these without a co-pay. However, in September 2022, U.S. District Court Judge O’Connor in Texas ruled this unconstitutional because the U.S. Preventive Services Task Force (USPSTF), which develops preventive services recommendations, is a volunteer organization, and its recommendations are not reviewed by constitutionally appointed government officials.
The Colorectal Cancer Alliance and other patient advocacy groups urged the government to appeal the decision, and a stay was granted while the decision was reviewed by the Fifth Circuit. “The Colorectal Cancer Alliance is pleased with most of the Fifth Circuit’s decision as it protects no-cost access to potentially life-saving colorectal cancer screenings,” said Michael Sapienza, CEO. “Allowing insurers to charge for colorectal cancer screenings would have had an immediate negative and potentially devastating impact on colorectal cancer prevention.”
The original case was brought by two Christian companies that claimed requiring employer-sponsored health insurers to provide preventive HIV medicines was unconstitutional. The Fifth Circuit ruling exempts these two companies from that requirement and also indicates that members of the USPSTF should be approved by the Senate. The ruling also directs the lower court to review other preventive services, such as vaccines.
While the Fifth Circuit ruling is generally good news for colorectal cancer prevention, the Alliance and other patient groups will need to remain vigilant to protect these important aspects of the ACA. The Braidwood decision, which the Fifth Circuit largely overturned, is one in a long series of Texas rulings seeking to invalidate some or all of the ACA. Several of those decisions were made by Judge O’Connor, who ruled the law unconstitutional in 2018 and then overturned the law’s anti-discrimination requirement in 2019.
Top resources
Statement: SCOTUS Decision in Kennedy v. Braidwood Management, Inc.
The Colorectal Cancer Alliance applauds the Supreme Court’s decision in Kennedy v. Braidwood, preserving no-cost preventive care under the ACA—including lifesaving colorectal cancer screenings.
Alliance Honors Survivors, Encourages Screening and Advocates for Research During National Cancer Survivors Month
In recognition of National Cancer Survivors Month this June, the Colorectal Cancer Alliance (Alliance) is shining a light on the more than 1.5 million colorectal cancer survivors in the United States, celebrating their strength while calling attention to increasing rates of colorectal cancer and the urgent need for more screening and research to end the disease.
Alliance Announces New Leadership Roles
The additions to the Colorectal Cancer Alliance's all bring deep expertise and a shared passion for the mission to end colorectal cancer in our lifetime.