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Kavanaugh’s Potential Rulings On ACA’s 10 Essential Benefits Could Impact Medtech Coverage

A Changing Supreme Court’s Impact On Medtech: Part 3

Executive Summary

An analysis of Supreme Court nominee Brett Kavanaugh’s prior rulings opposing the Affordable Care Act, and how his weight on ACA cases coming before the high court may remove some marketplace insurance for medtech products for preexisting illnesses and mental health that are currently covered.

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Chairs of Democratic-controlled health committees in the US House, and Democrats serving as ranking members of US Senate health panels, sent a letter to the Centers for Medicare and Medicaid Services and the Department of Health and Human Services last week questioning the agencies’ expenditures of user-fee funds intended to support outreach activities under the Affordable Care Act, which the Trump administration opposes.

What Can Industry Expect With New Supreme Court Justice Brett Kavanaugh On The Bench?

In upcoming health-care cases likely to come before the high court in the next couple of years, a more conservative Supreme Court – thanks to the confirmation of Brett Kavanaugh – could issue rulings that would overturn portions of the Affordable Care Act concerning preexisting conditions. The new court could also have an impact of issues of federal preemption and court deference, or lack thereof, to federal agency interpretation of statute.

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Democrats on the Senate Judiciary Committee told Supreme Court nominee Brett Kavanaugh on the first day of confirmation hearings Tuesday they will question his rulings on abortion and women’s reproductive rights, and on retaining federal insurance coverage for people with preexisting conditions under Obamacare. As the potential conservative swing vote on the high court, Kavanaugh’s decisions can impact sales of contraceptive devices and medtech to treat heart disease, cancer, diabetes and an array of other preexisting conditions.

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