Top 5 Predicted Health Care Reforms by US Courts in 2024
TL/DR –
In 2024, the US courts are expected to weigh in on key health policy issues that have significant ramifications, especially during an election year. Some of the key legal battles include the first abortion-related case since the Supreme Court’s vote to overturn the constitutional right to abortion in 2022, the re-evaluation of state abortion restrictions, the potential restriction of the Affordable Care Act, ongoing lawsuits against state bans on gender-affirming care for minors, and a clash between pharmaceutical companies and Medicare over new drug negotiation powers. These cases cover politically charged issues such as abortion, gender-affirming care, and pharmaceutical pricing.
Expected Court Decisions on Key Health Policies in 2024
The spotlight is on the judiciary in 2024, as it prepares to deliberate on influential health policies. These include fresh introductions such as the power of Medicare to negotiate drug prices, and longstanding regulations like insurance provisions under the Affordable Care Act. The potential implications of these rulings, especially during an election year, cannot be overstated. Here are five legal battles to watch closely:
1. Potential for Supreme Court to Limit Medical Abortions
In March, the Supreme Court will hear arguments in a case brought forth by the Alliance for Hippocratic Medicine, a group of anti-abortion physicians challenging the availability of mifepristone, a drug used extensively in medical abortions. It will be the first abortion-related case the court will hear following SCOTUS’s 2022 decision to overturn the constitutional abortion rights.
Mifepristone, a FDA-approved drug in use for over two decades, is widely accessible and can be prescribed via telehealth appointments. The drug now accounts for more than half of abortions nationwide. Despite this, the Alliance for Hippocratic Medicine filed a lawsuit in 2022, asserting its members should have the standing to challenge the drug’s use and approval.
2. Reevaluation of State Abortion Restrictions
In April, the Supreme Court is slated to hear a second abortion case examining whether state abortion bans must include exceptions, and if so, what kind. Currently, 14 states have total bans, and 11 others impose restrictions at specific pregnancy stages. The outcome of the Idaho case, due this summer, could set a precedent for abortion bans nationwide.
3. Affordable Care Act Challenged by Religious Groups
The Affordable Care Act has faced more than 2,000 court cases since its inception. The latest is Braidwood Management v. Becerra, which challenges the ACA’s provision requiring insurers to offer members free preventive care. The case is expected to reach the Supreme Court.
4. State Bans on Gender-Affirming Care for Teens Challenged by Parents
About 23 states have recently passed laws limiting or banning gender-affirming care for minors. Parents and medical associations have contested these bans in court, arguing they are discriminatory.
5. Medicare’s New Drug Negotiation Powers Challenged by Pharmaceutical Industry
Beginning Thursday, Medicare will commence negotiations with drug manufacturers, initiating bids for lower prices on the most expensive, frequently prescribed drugs. Leading manufacturers like Merck, Novo Nordisk, and AstraZeneca have contested this new program by filing lawsuits.
These impending court rulings are expected to impact health care prices, Medicare and Medicaid’s future, and abortion rights, which are among voters’ top concerns according to a recent KFF national poll.
This story was originally reported by the health policy podcast Tradeoffs, a partner of Side Effects Public Media. A version of this story was published by Tradeoffs on February 1.
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