News

 Kelley v. Becerra is Being Argued Today in Texas  

Kelley v. Becerra, which would end guaranteed free preventive care under the Affordable Care Act, is being argued today before the same district court judge whose decision to invalidate the entire Affordable Care Act was reversed by the Supreme Court in 2021. The lawsuit seeks to invalidate language in the ACA that guarantees free access to over 100 preventive health services, including vaccinations, infant and child care, cancer and health screenings, contraception, PrEP, and more, has become a bedrock of the American health care system. According to a new analysis by the Urban Institute, 168 million Americans have access to these services. Patient groups, medical professionals, and policy experts agree that this ruling could have dire consequences. The protections in the ACA also apply to people with employer insurance. Recent press coverage makes clear that this case is a grave threat to the essential health care services millions of Americans depend on.  

Expert Commentary and Analysis

Urban Institute: Free Preventive Services Provide Life-Saving Care For 167.5 Million Americans. A new report demonstrates that providing free preventive services improved vaccination rates, increased screening rates for certain chronic conditions and cancers, and improved access to preventive medications like birth control and preexposure prophylaxis (PrEP) for HIV prevention. Overturning the preventive services requirement could reduce access to life-saving care for the 167.5 million Americans covered under ACA plans. [Urban Institute, 7/25/22]

American Lung Association and 24 Partner Groups: Patient Organizations Warn of Lawsuit that Threatens Coverage for Preventive Services and Immunizations. “Twenty-four organizations representing millions of people with or at risk for serious or chronic illnesses who have benefitted from access to preventive services, including the American Lung Association, signed this statement to ensure patients have access to the care they need, and we will vigorously defend patients’ right to access these critical services.” [American Lung Association, 7/22/22]

American Medical Association and 61 Partner Groups: Physicians Sound Alarm on Lawsuit Threatening Preventive Care. “The joint statement sounding alarms about this threat to preventive services was signed by 61 organizations, including American Medical Association. Our patients cannot afford to lose this critical access to preventive health care services. Rolling back this access would reverse important progress and make it harder for physicians to diagnose and treat diseases and medical conditions that, if caught early, are significantly more manageable.” [American Medical Association, 7/25/22]

Protect Our Care: Fact Sheet: Kelley v. Becerra Would End Guaranteed Free Preventive Health Care For More Than 150 Million Americans. The Kelley v. Becerra lawsuit would end every one of these guaranteed no-cost benefits. If successful, Americans will once again be at the mercy of insurance companies and employers, who could eliminate the benefits entirely or start charging for them, forcing patients to spend thousands of dollars a year for essential care they now get for free. [Protect Our Care, 7/20/22]

Protect Our Care Event: “We’re Playing With People’s Lives and It Has to Stop”: Experts, Advocates Joined Protect Our Care to Discuss Disastrous Impacts of New Lawsuit Threatening ACA Protections. Andrew Pincus, Kaye Bender, and DonnaMarie Woodson joined Protect Our Care for a virtual press call to discuss the Kelley v. Becerra lawsuit. During the call, speakers highlighted how this lawsuit is wrong on the merits and a grave threat to essential health care services millions of Americans depend on. [Protect Our Care, 7/25/22]

Listen to the Call Here.

News Stories

National Law Journal: Judge Who Struck Down Affordable Care Act in 2018 Will Decide Latest Challenge to the Law. “The case, Kelley v. Becerra, attacks a key leg of the statute—the guaranteed free preventive health services currently enjoyed by more than 150 million Americans. U.S. District Judge Reed O’Connor of the Northern District of Texas will hear arguments on motions for summary judgment by the challengers and the Biden administration. In 2018, O’Connor, in a separate challenge, struck down the entire statute as unconstitutional. The U.S. Supreme Court subsequently reversed.” [National Law Journal, 7/25/22]

Politico: Rules At Risk: Contraceptive Access. “The Affordable Care Act required insurers to cover preventive health care services such as vaccines and diagnostic screenings at no cost to patients. But some religious advocates have argued that payers should not be required to cover contraceptives and medicines that prevent transmission of HIV with no cost-sharing.” [Politico, 6/12/22]

Washington Post: Latest Legal Battle Over the ACA Begins. “Oral arguments will begin today in a case that threatens one of the Affordable Care Act’s most popular provisions, which requires insurers and group health plans to cover more than 100 preventive health-care services at no cost to consumers.” [Washington Post, 7/26/22]

Axios: Affordable Care Act Lawsuit Threatens Contraception Access. “A pending federal case takes up whether part of the law requiring coverage of preventive services is unconstitutional. If the plaintiffs are successful, millions of people could lose access to free services like cancer screenings, immunizations and contraception.” [Axios, 7/26/22]

Washington, DC — Today, Andrew Pincus and Kaye Bender from APHA joined Protect Our Care for a virtual press call to discuss the Kelley v. Becerra lawsuit, which threatens the Affordable Care Act’s (ACA) preventive services requirement that guarantees free access to over 100 preventive health services, including routine vaccinations, well baby and child visits, cancer screenings, prenatal care, contraception, and more. In 2020 alone, more than 150 million Americans used these services. Along with DonnaMarie Woodson, a patient storyteller from North Carolina, speakers highlighted how this lawsuit is wrong on the merits and a grave threat to essential health care services millions of Americans depend on. 

Twenty-four organizations representing millions of people with or at risk for serious or chronic illnesses released a letter highlighting the need to protect access to preventive services. Read more about the case and the dire consequences here.

This event comes as Kelley v. Becerra is being argued on July 26 before the same Federal District Court judge whose decision invalidating the entire ACA was reversed by the Supreme Court in 2021.

“Each of the plaintiffs’ three legal arguments in this case is wrong,” said Andrew Pincus, Visiting Lecturer in Law at Yale Law School and Partner at Mayer Brown LLP. “Congress required the coverage of evidence-based preventive services, specified bodies that applied well-established standards to guide their decisions and that are subject to oversight by the HHS Secretary, and the Secretary himself has ratified all of the preventive services decisions. There is no basis for invalidating the preventive services provisions. Additionally, on these plaintiffs’ claim based on their religious beliefs, they have failed to show that their religious beliefs are burdened. Finally, if Judge O’Connor rules against the ACA, he hopefully will put his decision on hold, as he has in past ACA cases, otherwise Americans could quickly begin to lose their coverage of these critical services.”

“It hardly seems logical that we’re pondering why preventive services, like immunizations, health care screenings, routine infant and child health care services, preventive medications for individuals with HIV and access to women’s health services, are important in 2022,” said Kaye Bender, PhD, RN, FAAN, President of the American Public Health Association. “We have made tremendous progress with the ACA and with other health insurance, but it is archaic to leave our health and prevention of catastrophic health problems to employment or to the whims of insurance companies. Prevention should be at the choice of the patient and of the individual, and we must do everything we can to protect preventive benefits.” 

“The free screenings that are included with the Affordable Care Act literally saved my life,” said DonnaMarie Woodson, cancer survivor and advocate from North Carolina. “Preventive care is everything: it’s saving lives and also saving all of the trauma and the stress that a person would have to go through emotionally and monetarily, to pay for all of the services. I think about it on a daily basis how many people are walking around, not getting screened, because they don’t have health insurance. It’s expensive, it’s not cheap. I’m here to tell you that these screenings are essential to life. In my opinion, those who want to take away free screenings really disregard and disrespect human life. It’s madness. We’re playing with people’s lives, and it has to stop.” 

“The free preventive care guaranteed by the ACA for over 150 million Americans has become a bedrock of the American health care system, improving health outcomes, reducing disparities in care, and cutting consumer health care costs,” said Protect Our Care Chair Leslie Dach. “The latest salvo in the Republican war on health care, this politically-driven lawsuit was brought by longtime foes of the ACA, abortion rights, marriage equality, vaccination mandates, and diversity policies. If this attack on the preventative services requirement is successful, Americans will again be at the mercy of insurance companies and employers, who could eliminate the benefits or start charging for them, forcing patients to spend thousands of dollars a year for essential care they now get for free.” 

Reconciliation Provisions Would Lower Health Care Costs for Millions of Americans

President Biden and the Democrats in Congress are moving forward with the most significant health care legislation since the Affordable Care Act. Meanwhile, Big Pharma has spent more than $100 million on lobbying this year alone to kill any proposal that lowers drug costs and threatens their massive profits. Poll after poll shows that President Biden’s health care provisions are both popular and desperately needed. With wide bipartisan support, the American people are counting on Congressional Democrats to rein in Big Pharma’s greed and deliver relief to millions of families by quickly getting the reconciliation bill to President Biden’s desk for signature. 

Navigator Poll Finds Overwhelming Majority Of Americans Support Democrats’ Plan To Allow Medicare Drug Price Negotiation And Extend Premium Savings. Overall, 71 percent of Americans back the plan, including 92 percent of Democrats, 62 percent of independents, and 49 percent of Republicans. [Navigator, 7/21/22]

AARP Poll Of 56 Most Competitive Congressional Districts Highlights Need To Pass Health Care Provisions In Reconciliation Bill. Voters over 50 are heavily motivated to vote in the 2022 election, identifying the following issues as “very important when deciding who to vote for”: Medicare, 75 percent, and lowering the cost of prescription drugs, 69 percent. [AARP, 7/20/22]

Morning Consult/Politico Finds Overwhelming Support For ACA Subsidy Extensions. ”7 in 10 say an extension of those subsidies is important…Nearly 9 in 10 Democrats back a renewal of ACA subsidies, as do roughly 3 in 5 independents. A 49% plurality of Republicans support an extension of the subsidies.” [Morning Consult/Politico, 7/20/22]

Morning Consult/Politico Poll Reveals Vast Majority Of Americans From Across The Political Spectrum Back Democrats Plans To Lower Drug Prices. Allowing Medicare to negotiate prescription drug prices had the support of 82 percent of Democrats, 71 percent of independents, and 73 percent of Republicans. Caps on drug price increases is backed by nearly 80 percent of voters and limiting out-of-pocket prescription drug costs for those on Medicare is supported by more than 70 percent of Americans. [Morning Consult/Politico, 7/13/22]

Navigator Poll Finds Majority Of Americans Support Medicaid Drug Price Negotiation And Believe It Is The Most Effective Tool To Fight Inflation. The vast majority of Americans support President Biden’s plans to lower health care premiums and allow Medicare to negotiate prescription drug prices, including 89 percent of Democrats, 56 percent of independents, and 52 percent of Republicans. Medicare drug price negotiation was ranked the most effective option for anti-inflation policy. [Navigator, 7/6/22]

Data For Progress Poll Finds Overwhelming Majority Of Americans From All Political Stripes Strongly Back Drug Price Negotiation. “83 percent of national likely voters support giving Medicare the power to negotiate lower prices for prescription drugs, [including] support from 86 percent of Democrats, 81 percent of independents, and, perhaps most critically, 81 percent of Republican voters.” [D4P, 6/29/22]

AARP Poll Shows Voters Over 50 More Likely To Support Candidates Fighting To Lower Prescription Drug Prices. “As the voting bloc most likely to turnout in midterm elections, voters 50-plus could once again decide this year’s elections…the data show that voters 50-plus, regardless of political party, are more likely to vote for Congressional candidates who vow to …lower prescription drug prices.” [AARP Research, June 2022]

Americans Support Lowering Health Insurance Premiums In Navigator Poll. 75 percent of Americans backed President Biden’s plan to lower health coverage premiums by up to $2,400 a year for people purchasing their own insurance. [Navigator, 5/6/22]

• Voters From Across The Political Spectrum Want Action To Lower Premiums. 87 percent of Democrats, 72 percent of independents, and 63 percent of Republicans support government action to cut premium costs by up to $2,400 a year for those purchasing coverage on the marketplaces. [Navigator, 5/6/22]

Data For Progress Poll Finds Voters Overwhelmingly Support Biden’s Plan To Lower Prescription Drug Prices. 83 percent of voters want Medicare to negotiate for lower drug prices. [Data For Progress, 5/4/22]

Last week, President Biden urged Congress to pass a budget reconciliation framework which drives down prescription drug costs and lowers premiums for millions of Americans, before the August recess. President Biden’s health care proposals are overwhelmingly popular and will reduce healthcare costs and expand affordable coverage for millions of Americans when access to health care is paramount. Recent polling makes clear that Congress should work quickly to get reconciliation legislation to President Biden’s desk.

AARP Poll Of 56 Most Competitive Congressional Districts Highlights Need To Pass Health Care Provisions In Reconciliation Bill. Voters over 50 are heavily motivated to vote in the 2022 election, identifying the following issues as “very important when deciding who to vote for”: Medicare, 75 percent, and lowering the cost of prescription drugs, 69 percent. [AARP, 7/20/22]

Morning Consult/Politico Finds Overwhelming Support For ACA Subsidy Extensions. ”7 in 10 say an extension of those subsidies is important…Nearly 9 in 10 Democrats back a renewal of ACA subsidies, as do roughly 3 in 5 independents. A 49% plurality of Republicans support an extension of the subsidies.” [Morning Consult/Politico, 7/20/22]

Morning Consult/Politico Poll Reveals Vast Majority Of Americans From Across The Political Spectrum Back Democrats Plans To Lower Drug Prices. Allowing Medicare to negotiate prescription drug prices had the support of 82 percent of Democrats, 71 percent of independents, and 73 percent of Republicans. Caps on drug price increases is backed by nearly 80 percent of voters and liming out-of-pocket prescription drug costs for those on Medicare is supported by more than 70 percent of Americans. [Morning Consult/Politico, 7/13/22]

Navigator Poll Finds Majority Of Americans Support Medicaid Drug Price Negotiation And Believe It Is The Most Effective Tool To Fight Inflation. The vast majority of Americans support President Biden’s plans to lower health care premiums and allow Medicare to negotiate prescription drug prices, including 89 percent of Democrats, 56 percent of independents, and 52 percent of Republicans. Medicare drug price negotiation was ranked the most effective option for anti-inflation policy. [Navigator, 7/6/22]

Data For Progress Poll Finds Overwhelming Majority Of Americans From All Political Stripes Strongly Back Drug Price Negotiation. “83 percent of national likely voters support giving Medicare the power to negotiate lower prices for prescription drugs, [including] support from 86 percent of Democrats, 81 percent of independents, and, perhaps most critically, 81 percent of Republican voters.” [D4P, 6/29/22]

AARP Poll Shows Voters Over 50 More Likely To Support Candidates Fighting To Lower Prescription Drug Prices. “As the voting bloc most likely to turnout in midterm elections, voters 50-plus could once again decide this year’s elections…the data show that voters 50-plus, regardless of political party, are more likely to vote for Congressional candidates who vow to …lower prescription drug prices.” [AARP Research, June 2022]

Americans Support Lowering Health Insurance Premiums In Navigator Poll. 75 percent of Americans backed President Biden’s plan to lower health coverage premiums by up to $2,400 a year for people purchasing their own insurance. [Navigator, 5/6/22]

• Voters From Across The Political Spectrum Want Action To Lower Premiums. 87 percent of Democrats, 72 percent of independents, and 63 percent of Republicans support government action to cut premium costs by up to $2,400 a year for those purchasing coverage on the marketplaces. [Navigator, 5/6/22]

Data For Progress Poll Finds Voters Overwhelmingly Support Biden’s Plan To Lower Prescription Drug Prices. 83 percent of voters want Medicare to negotiate for lower drug prices. [Data For Progress, 5/4/22]

In 2022, Pharma has spent twice as much as any other industry lobbying against fair drug prices

It appears Congress is now on the verge of passing historic legislation that will drive down health care costs and level the playing field for working families. A core piece of this legislation is lowering prescription drug prices. As it stands, Americans pay three times more for prescription drugs than people in other countries, forcing millions to choose between affording their medications and paying for essentials like food or rent. With this legislation, Medicare will finally have the power to negotiate for lower drug prices and all Americans will be protected against outrageous and arbitrary price increases. 

However, Big Pharma is not going down without a fight. Big drug companies are spending millions on lobbying and advertisements to block any reform that brings down drug prices at the expense of their sky-high profits. With the help of their Republican allies, drug companies have been relentless in their efforts to spread lies about the Democrats’ plan to lower drug prices for families. Fortunately, the American people remain unswayed, with poll after poll showing that policies to reduce drug costs are the most popular provisions among voters. With support from Americans of all parties, President Biden and Democrats in Congress are committed to reining in Big Pharma’s greed and delivering real relief to millions of families. 

Pharma Spending:

The Pharmaceutical Industry Has Spent More Than $100 Million On Lobbying In 2022. According to OpenSecrets, the pharmaceutical industry has spent $101 million lobbying on behalf of 483 clients in 2022, fighting Democratic efforts to rein in prescription drug costs. That is double the amount of the as the next largest industry. 

PhRMA Cannot Be Trusted With Drug Pricing Reform. Leading the charge on pharmaceutical industry’s spending on lobbying is PhRMA, the group representing the nation’s leading biopharmaceutical companies. To date, PhRMA has spent $8.2 million Americans see through the fear tactics used by pharma industry trade groups, with more than 80 percent of Americans reporting they want Congressional action to check pharma’s greed and lower prescription drug prices. 

Pharmaceutical Companies Spending The Most To Fight Prescription Drug Negotiations:

AbbVie. AbbVie has already spent nearly $4 million lobbying in 2022. AbbVie’s blockbuster immunosuppressive drug, Humira, already plays an outsized role in American health care spending as one of the nation’s highest revenue generating drugs, raking in $4.6 billion in the third-quarter of 2021 alone. AbbVie, which has hiked the price of Humira more than two dozen times and at rates far outpacing inflation.

Pfizer. A 2019 analysis found a majority of top-selling drugs from Pfizer were discovered and developed by third parties, such as universities and academic centers. These findings suggest that “a reduction in pharmaceutical revenues would not have the supposed devastating impact on the level of biopharmaceutical innovation.” This did not stop Pfizer from spending a whopping $2.7 million lobbying in 2022.

Johnson & Johnson. Despite receiving more than $1 billion in federal funding to develop a COVID-19 vaccine, Johnson & Johnson has spent $2.3 million dollars lobbying Congress this year alone in an attempt to continue exploiting the lack of Medicare drug price negotiation. Johnson & Johnson saw nearly $21 billion in net earnings in 2021.

Additional Drug Makers Dropping Record Sums Lobbying:

• Amgen: $2.78 million
• Gilead Sciences: $2.62 million
• Bristol-Myers Squibb: $2.3 million
• Merck: $2.12 million
• Sanofi: $1.87 million
• Eli Lilly: $1.68 million
• AstraZeneca: $1.66 million

Historic Legislation Would Deliver Lower Health Care Costs for Millions of Families

Last week, President Biden urged Congress to pass a budget reconciliation framework which drives down prescription drug costs and lowers premiums for millions of Americans, before the August recess. President Biden’s health care proposals are overwhelmingly popular and will reduce healthcare costs and expand affordable coverage for millions of Americans when access to health care is paramount. Recent polling makes clear that Congress should work quickly to get reconciliation legislation to President Biden’s desk.

Navigator Poll Finds Majority Of Americans Support Medicaid Drug Price Negotiation And Believe It Is The Most Effective Tool To Fight Inflation. The vast majority of Americans support President Biden’s plans to lower health care premiums and allow Medicare to negotiate prescription drug prices, including 89 percent of Democrats, 56 percent of independents, and 52 percent of Republicans. Medicare drug price negotiation was ranked the most effective option for anti-inflation policy. [Navigator, 7/6/22]

Data For Progress Poll Finds Overwhelming Majority Of Americans From All Political Stripes Strongly Back Drug Price Negotiation. “83 percent of national likely voters support giving Medicare the power to negotiate lower prices for prescription drugs, [including] support from 86 percent of Democrats, 81 percent of independents, and, perhaps most critically, 81 percent of Republican voters.” [D4P, 6/29/22]

AARP Poll Shows Voters Over 50 More Likely To Support Candidates Fighting To Lower Prescription Drug Prices. “As the voting bloc most likely to turnout in midterm elections, voters 50-plus could once again decide this year’s elections…the data show that voters 50-plus, regardless of political party, are more likely to vote for Congressional candidates who vow to …lower prescription drug prices.” [AARP Research, June 2022]

Americans Support Lowering Health Insurance Premiums In Navigator Poll. 75 percent of Americans backed President Biden’s plan to lower health coverage premiums by up to $2,400 a year for people purchasing their own insurance. [Navigator, 5/6/22]

• Voters From Across The Political Spectrum Want Action To Lower Premiums. 87 percent of Democrats, 72 percent of independents, and 63 percent of Republicans support government action to cut premium costs by up to $2,400 a year for those purchasing coverage on the marketplaces. [Navigator, 5/6/22]

Data For Progress Poll Finds Voters Overwhelmingly Support Biden’s Plan To Lower Prescription Drug Prices. 83 percent of voters want Medicare to negotiate for lower drug prices. [Data For Progress, 5/4/22]