A judge's order that would eliminate requirements that health insurance plans include cost-free coverage of HIV-preventing drugs, cancer screenings and various other types of preventive care should remain on hold while it is appealed, the Biden administration argued before an appellate panel Tuesday.
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.”
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