Gov. J.B. Pritzker said Illinois will try to make sure preventive health care services — such as cancer screenings, vision tests and certain medications — continue to be covered by insurance, despite a Thursday ruling by a federal judge that throws such coverage into question nationally.
A federal judge in Texas on Thursday struck down a part of the Affordable Care Act that requires most insurers to cover preventive services that include screenings for cancer, diabetes and mental health. Other no-cost services, including HIV screenings, are also affected by the ruling by U.S. District Judge Reed O’Connor that opponents say will jeopardize preventive care for millions of Americans.
Experts say insurers are unlikely to stop any coverage immediately, and the Biden administration is expected to appeal.
Pritzker said in a statement Thursday that the Illinois Department of Insurance “will work to protect the preventive services mandate to ensure continued coverage for our residents despite this decision.” He said he plans to work with state lawmakers on the issue.
“Today’s decision out of Texas gutting the preventive services mandate is a devastating blow to millions of Americans who receive lifesaving treatment each year thanks to screenings and preventive care,” Pritzker said.
He called it “another sad example of political grandstanding overshadowing common sense.”
“Illinoisans will not go without essential cancer and diabetes screenings, vision tests, and PrEP/PEP access to satisfy a right-wing agenda,” he said.
The state health department can typically regulate individual health insurance plans sold on Healthcare.gov, but not plans that are “self-funded,” which are the types of plans often offered by large employers.
When asked Thursday whether the state would have the power to require most insurers cover preventive services, Jordan Abudayyeh, a spokesperson for the governor, said in an email, “We’re currently exploring all legislative options and will have more details once we have some time to dig into them and figure out which one is the best path forward.”
In the ruling Thursday, O’Conner blocked the Affordable Care Act requirement that most insurers cover a range of preventive care — including screenings for multiple types of cancer. The ruling sided with plaintiffs who include a conservative activist in Texas and a Christian dentist who opposed mandatory coverage for contraception and an HIV prevention treatment on religious grounds.
The requirements for coverage are driven by recommendations by the U.S. Preventive Services Task Force, which is made up of volunteers. O’Connor ruled that enforcing the recommendations was “unlawful” and a violation of the Constitution’s Appointment Clause, which lays out how government officials can be appointed.
O’Connor, a nominee of former President George W. Bush, also ruled more than four years ago that the Affordable Care Act was unconstitutional, but the U.S. Supreme Court overturned that ruling.
