Braidwood Management Inc. v. Becerra is a legal case challenging a part of the Affordable Care Act (ACA) that mandates health insurers and employer-sponsored health plans cover preventive healthcare services (including colorectal cancer screening) at no cost to patients. The case is expected to be before the U.S. Supreme Court in spring 2025.

The central argument in the Braidwood case is that the U.S. Preventive Services Task Force (USPSTF), an independent advisory body responsible for recommending preventive services like cancer screenings, does not have the appropriate legal authority to make these decisions.

The plaintiffs (those bringing the case against the U.S. Government) argue that the ACA’s use of recommendations from the USPSTF is unconstitutional, because USPSTF members are not appointed by the president or confirmed by the Senate. If the plaintiffs win, it could disrupt or eliminate the ACA’s mandate requiring insurers to cover preventive services without out-of-pocket costs.

One of the major concerns in this case is its potential impact on colorectal cancer screenings, which are among the services covered by insurance at no cost under the ACA.

Currently, the USPSTF recommends that adults at average risk of colorectal cancer aged 45 to 75 undergo routine colorectal cancer screenings. Under the ACA, insurers must cover these screenings without charging copayments, deductibles, or coinsurance. This provision has significantly expanded access to early detection and preventive care for colorectal cancer.

If the Braidwood case leads to a ruling that the ACA’s preventive services mandate is unconstitutional, insurers may no longer be required to cover these screenings without out-of-pocket costs, potentially reducing access to colorectal cancer screenings across the country.

Additionally, if the Supreme Court changes or eliminates the ACA’s preventive care rules, states might create their own rules for cancer screenings and other preventive services. This could lead to inconsistent coverage across the country and could exacerbate health inequities, particularly among populations that already face challenges in accessing healthcare.

Though exact dates have not yet been released, oral arguments for the case are expected in spring of 2025 with a decision likely coming in summer of 2025.

Though the outcome of the case is still uncertain, Fight CRC is working with advocacy partners across the colorectal cancer screening space to explore all possible scenarios and how they might impact access to colorectal cancer screening to ensure access to CRC screening is protected no matter the outcome.

Fight CRC will continue to monitor the case and provide updates. Sign up to be an advocate to stay in the know!