Updates About Lower Court Rulings

A federal judge has signed an order that preserves full coverage for preventive services in health insurance plans. This includes vital screenings for certain cancers and access to HIV prevention drugs.

The U.S. Fifth Circuit Court of Appeals ruling partially halts a previous ruling made by U.S. District Court Judge Reed O’Conner. While the nationwide impact is not immediate, it protects approximately 150 million individuals who rely on preventive care during the ongoing legal proceedings.

The ruling made by O’Conner in March jeopardized free screenings for conditions like depression, diabetes, and heart health, potentially burdening families with increased costs and endangering the health of millions. The agreement recognizes the limitations in shielding parties from penalties if the ruling is overturned, and the government has agreed not to enforce penalties for non-compliance with preventive care recommendations.

On April 19, the Michigan state Senate passed Extreme Risk Protection Order (ERPO) legislation. This red flag law package would enable courts to issue ERPOs towards individuals who pose a significant risk of personal injury to themselves or others by possessing a firearm. The ERPO would then prohibit the individual from possessing or purchasing a firearm.

In separate but related news, the Court of Claims Judge Thomas Cameron denied a motion for Michigan Open Carry, et al v Michigan House of Representatives, et al. Michigan Open Carry and Great Lakes Gun Rights filed suit against the Michigan House of Representatives and Senate stating they were denied the opportunity to address the state legislature during committee hearings on the larger gun reform package. Judge Cameron ruled that the plaintiffs failed to identify the specific rules and how they were violated under the Open Meetings Act, among other items.

On Thursday March 30, a federal judge in Texas ruled to overturn a portion of the Affordable Care Act in Braidwood Management. Inc. v. Becerra. This decision struck down the requirement that makes preventive services and screenings covered by health insurers with no additional cost to the patient. Services like screenings for cancer, heart disease, and high blood pressure could become costly, diminish access to affordable early detection, and put people’s health at risk.

Following this decision, Governor Whitmer directed the Michigan Department of Insurance and Financial Services (DFIS) to protect Michigan families and ensure access to no-cost preventive healthcare services. This decision in Braidwood Management. Inc. v. Becerra is however being appealed by the US Department of Justice.

On Thursday April 6, Governor Whitmer announced that insurers who represent 100% of the fully insured health insurance market will continue to cover no-cost preventive services for Michigan residents.