FILE - The healthcare.gov website is seen on Dec. 14, 2021, in Fort Washington, Md. A federal appeals court in New Orleans prepared to hear arguments Tuesday, June 6, 2023, on whether insurers can be required to provide coverage for certain types of preventive care, including HIV prevention and certain types of cancer screening, under former President Barack Obamas signature health care law.
Enforcing the judge's order could jeopardize preventive care for at least some of an estimated 150 million insured people, Alisa Klein, arguing for the administration, told three 5th U.S. Circuit Court of Appeals judges in New Orleans. That drew a skeptical response from Judge Leslie Southwick. “I don’t quite see how that fits into our analysis,” said Southwick, who during the hearing asked attorneys to try to reach an agreement on how and when the lower court ruling should be enforced pending appeal. “You may be right, but it really is speculation if you want us to apply some of our sense of how insurance companies react.”
As appeals continue, the administration isn't attempting to block immediate enforcement of O'Connor's ruling as it applies to the handful of Texas plaintiffs who filed suit. But it should not apply to the millions of people affected nationwide, Klein argued.
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