An important HealthDay conversation with Michael Sapienza, CEO, Colorectal Cancer Alliance, about Kennedy v. Braidwood, a Supreme Court case challenging the legality of the U.S. Preventive Services Task Force to recommend no-cost screenings to the government.
Andy Meyers, CEO, HealthDay
Kennedy versus Braidwood. You probably haven’t heard of it, but this Supreme Court case could drastically change your healthcare by blocking free preventive tests for things like cancer, depression, HPV, HIV and more.
The ACA requires most health plans to cover screenings recommended by the U.S. Preventive Services Task Force (USPSTF), but the provision is being challenged.
We are pleased to be joined today by Michael Sapienza, the Chief Executive Officer of the Colorectal Cancer Alliance and advisory board member at Georgetown's Ruesch Center for the Cure of Gastrointestinal Cancers. Thanks for joining us today.
Michael Sapienza, CEO, Colorectal Cancer Alliance
Thank you, Andy. Happy to be here.
Andy Meyers, CEO, HealthDay
Michael's here to help us understand what's at stake in the Kennedy versus Braidwood Supreme Court case.
Michael Sapienza, CEO, Colorectal Cancer Alliance
I think the biggest thing is, that 150 million Americans and that actually is including 37 million children rely on preventative services, free preventative services that are provided through the Affordable Care Act. And this case is putting that those people's preventative services, especially no-cost preventative services at risk. So, that's a lot.
Andy Meyers, CEO, HealthDay
Yeah, yeah, that's that is a real lot. And it really something people should be, should be making sure they understand what's going on here. So, can you explain a little bit about what this preventative service requirement is? What kind of service are included? What's in there?
Michael Sapienza, CEO, Colorectal Cancer Alliance
So, there's everything from cancer screenings to HPV screenings to fall prevention to HIV screenings to COVID, even some COVID pieces. There's also things for infants. So, there's just a whole array of…services that are included in the United, what we call the United States Preventive Services Task Force recommendations.
Andy Meyers, CEO, HealthDay
You were talking about the Preventative Services Task Force and what exactly is the issue being debated in the case about the way that they're nominated.
Michael Sapienza, CEO, Colorectal Cancer Alliance
The Appointments Clause on the Constitution says the president or chief executive of the executive branch can appoint somebody and they have to be then confirmed by the Senate, right?
And in this case, the members of the United States Preventative Services Task Force are actual volunteers. And so, what this case is saying is that actually, you know, does not support the Appointments Clause of the Constitution. And they may be right, they may be wrong. We'll see what the Supreme Court says.
But the unfortunate part of it is that in 2010, when the Affordable Care Act was passed, it tied the amazing, let me just say, the amazing scientists, the amazing academic folks that are a part of the Preventative Services Task Force and their great work of making recommendations.
Andy Meyers, CEO, HealthDay
And is this Supreme Court, is it like a thumbs up, thumbs down for all of it? Or is it like, maybe they'll say some stuff is okay and other stuff is okay?
Michael Sapienza, CEO, Colorectal Cancer Alliance
If the Supreme Court rules that this appointment clause, meaning that the Preventative Services Task Force can't recommend free screenings, either A or B recommended, then certain things would be like not free at all.
So just to give you a little context, in 2021, for colorectal cancer, the United States Preventative Services Task Force actually lowered the screening age from 50 to 45. Because the number one cancer killer in the United States for men under 50 is colorectal cancer. So, we're seeing this huge rise in young onset colorectal cancer, both in men and women.
If in fact, the Supreme Court rules that this is unconstitutional, we would revert back to pre 2010 recommendations, which did not recommend that people 45 to 49 would have their screenings covered.
And that's catastrophic. I mean, I'll just say it's really bad. And know, 82 % of the people in this country believe in no cost preventative services.
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