
Natalie Davis is CEO and Co-Founder of United States of Care, an organization dedicated to making our health care system more equitable.
It’s no secret that across the country, many people are anxious about the cost of healthcare, especially when bills packed with unexpected fees show up at the worst times. But just like everyday people, many of the employers that power our communities are also struggling under the weight of healthcare costs and the impact of employees missing work to seek expensive and often preventable emergency healthcare.
Imagine the gut punch that comes for a small business when a critically needed team member has to unexpectedly miss weeks of work due to a health emergency—especially when that business is already struggling to meet expenses like rent, payroll and the cost of goods. Keeping team members healthy and making sure they’re covered when they seek care is a top priority for so many businesses.
At the same time, health insurers have a vested interest in keeping employees healthy too. The price tag that comes with extensive and pricey medical care can hit insurers hard just like it does with people, and it often results in a significantly higher financial burden than preventing medical emergencies or diseases with a routine check-up or screening.
This is why I believe continued access to free preventive healthcare services for people is so important for everyone involved. However, an upcoming Supreme Court case is challenging provisions that enable access to free preventive services, and it’s something employers should be paying attention to.
Understanding The Case And Key Background
Since 2010, people have been able to rely on access to services like cancer screenings, mental health screenings, immunizations and certain maternal health services for free because of the preventive services mandate that requires private insurance to cover them without cost. These services can help us stay healthy by detecting health problems early, preventing disease and helping us maintain a healthy lifestyle. By catching health problems before they become life-threatening costly health emergencies, these services can help people, their employers and their insurers save money.
Clearly, free preventive services are a win-win for everyone. Despite this, these currently free services might come with a price tag in the future. A case in front of the U.S. Supreme Court called Kennedy v. Braidwood Management calls into question some parts of the preventive services mandate. As explained by Georgetown University’s O’Neill Institute for National and Global Health Law, “The plaintiffs argue that the Affordable Care Act’s preventive services requirement is unconstitutional because it violates the Appointments Clause, the nondelegation doctrine, and the Religious Freedom Restoration Act.”
More than 150 million people, including 37 million children, with private health insurance receive preventive health services at no cost to them under the ACA. This case likely has many of these people anxiously waiting to see if they’ll soon be forced to make room in their budgets for another health expense. Even with low levels of cost sharing, many individuals forgo these services, which puts them at risk of needing more expensive care and missing work down the line. Depending on how the high court rules, much of the country could be stuck with a brand new kind of medical bill: a charge for a formerly free preventive service.
The Value Of Preventive Care
When free cancer screenings became available, the incidence rate of colorectal cancer declined by 17%, and outcomes have improved. The Centers for Disease Control and Prevention said that modern mammography programs can lower breast cancer mortality by more than 40%, and Pap smears have helped lead to a decrease of more than 50% in cervical cancer incidence and mortality over the past 30 years.
We know that making people pay for preventive services could discourage people from getting necessary tests and check-ups. Two in five (paywall) adults would skip 11 of the 12 preventive care services currently covered should these services and screenings not be free, according to a Morning Consult survey of 2,199 U.S. adults conducted in January 2023.
This is a major red flag for employers and insurers trying to avoid high healthcare expenses. If people choose to forgo preventive care because it comes with a cost, the heavier burden from more expensive and time-consuming care down the line could land on insurers and employers. And if people are forced to miss work to seek potentially time-consuming care, how many employers will find themselves trying to cover the cost and lost time from employees in the hospital or doctor’s office?
What Employers Can Do
It’s clear that we all have a vested interest in the outcome of the court case, but what can we do about it? My organization has long been advocating for the courts to rule in favor of protecting free access to preventive services, and as this case reaches the Supreme Court, we will potentially get a final ruling that will allow us to either breathe a sigh of relief or brace for impact.
Employers and insurers can help deliver peace of mind to their employees by simply maintaining free access to these services regardless of what the Supreme Court rules. We’ve seen insurance companies make public commitments before, and by giving at least some people certainty that these services won’t come with a price tag regardless of how the court rules, we can continue to see the benefits of regular preventive services use. At the same time, insurers and employers can use their influence to encourage state governments to codify these protections for as many people as possible and advocate for the Supreme Court to keep this mandate intact.
I believe many people just want the peace of mind to know they can afford their healthcare and depend on their coverage when they need it. Almost two-thirds of people believe free access to most preventive services are important. It’s not often that saving money and saving lives overlap so perfectly in healthcare. As we approach a critical juncture in the road that could impact people’s access to free health services, employers and insurers can consider taking steps to keep these protections in place.
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