The healthcare.gov website is seen on Dec. 14, 2021, in Fort Washington, Md. (AP Photo/Alex Brandon, File)
By Kevin McGill
The government can keep enforcing “Obamacare” requirements that health insurance plans cover preventative care — such as HIV prevention, some types of cancer screenings and other illnesses — while a legal battle over the mandates plays out, under a court agreement approved Tuesday.
The pact approved by the 5th U.S. Circuit Court of Appeals preserves — at least for now — cost-free preventive care coverage for millions of Americans under the Affordable Care Act.
That coverage was thrown into question by a March ruling from a federal judge in Texas, who said some of the preventive care requirements under former President Barack Obama’s 13-year-old health care law are unconstitutional.
The ruling by U.S. District Judge Reed O'Connor had nationwide effects. The Biden administration had argued last week at the appeals court that the ruling should be stayed while appeals are pursued.
The agreement was filed with the court Monday. In it, the plaintiffs in the case, including a Christian dentist who opposes coverage for contraception and HIV prevention on religious grounds, agreed to a broad stay nationwide. In return, during the appeal process, the handful of plaintiffs would be allowed to provide insurance plans that don't include the preventive care. If O'Connor's ruling were reversed, they would have to provide the coverage, but they would not be penalized for having dumped the coverage during appeals.
O’Connor's March ruling deals with requirements for coverage driven by recommendations by the U.S. Preventive Services Task Force. The judge ruled that because the task force is made up of volunteers, enforcing its recommendations violates the Constitution’s Appointment Clause, which lays out how government officials can be appointed.
Not all preventive care was threatened by O'Connor’s ruling. An analysis by the nonprofit KFF foundation found that some screenings, including mammography and cervical cancer screening, would still be covered without out-of-pocket costs because the task force recommended them before the health care law was enacted in March 2010.
Today is Veterans Day, a day each year that gives us a chance to honor our service members and reflect on the issues they face in our armed forces. One issue that's gotten a lot of scrutiny recently is the handling of sexual assault cases in the military. The military has long been criticized for how it handles cases of sexual assault, with particular attention paid to how cases are investigated and prosecuted usually within the chain of command. The defense department has said sexual assault cases will be removed, but it's not the same as Congress changing the law itself.
Lory Manning, retired U.S. Navy captain and the director of government operations at the Service Women's Action Network, joins Cheddar News to discuss.
Greenwood, a digital banking platform aimed at supporting Black and Latino businesses and clients, is launching its very own GreenBook. Named after the historic publication for Black travelers during the era of Jim Crow, the online guide will provide a directory of Black- and Latino-owned businesses across the country. Ryan Glover, the founder and chairman of Greenwood, joined Cheddar to provide additional details about the listings.
President Biden's infrastructure plan will be pumping billions of dollars into the EV sector. David Shepardson, Correspondent at Thomson Reuters, joined Cheddar News' Closing Bell to break down all of the details.
Al Root, Senior Writer at Barron's, joined Wake Up With Cheddar's Jill Wagner to break down who qualifies for the proposed EV tax credits and why some automakers aren't too pleased about extra incentives for vehicles made at union plants.
Jill Wagner is joined by Baker to talk about kids and vaccines: we finally know how many young kids are getting vaccinated. Plus, Democrats are working on a Plan B for paid family leave. And the salad chain Sweetgreen goes public.
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President Joe Biden is expected to visit GM's 'Factory Zero' plant in Detroit, where mass production of its electric vehicle fleet will get underway. Biden is likely to tout his recently passed $1.2 trillion infrastructure plan, which allocates $7.5 billion toward EV infrastructure.
Jill is joined by “Friend of the Pod” Mosheh Oinounou to talk booster shots, and whether “fully vaccinated” will eventually mean three shots, not two. Plus, the latest on the Kyle Rittenhouse trial. And the research is in: we know now the perfect way to hug. Also, Jill and Mosheh debate whether Airpods are passé.
A deal was reached as the COP26 Summit in Glasgow came to a close. Dr. Katharine Hayhoe, Chief Scientist at the Nature Conservancy and Author of 'Saving Us: A Climate Scientist's Case for Hope and Healing in a Divided World,' joined Cheddar News' Closing Bell to discuss the deal.