Lawyers told a federal appeals court on Friday they were close to a deal that could temporarily maintain government requirements that health insurance plans include coverage for HIV drugs, cancer screenings and other preventative care while a court battle over warrants unfolds.
A deal could be ready to go to court by Tuesday, attorneys for the mandates opponents and the Biden administration, which defends the mandates, said in a brief report filed with the 5th Circuit Court of Appeals. of New Orleans.
In March, U.S. District Judge Reed O’Connor in Fort Worth, Texas, ruled that some of the preventive care requirements under former President Barack Obama’s health care law, 13, were unconstitutional. The 5th Circuit blocked the order from having immediate effect last month. On Tuesday, a three-judge appeals court panel heard arguments on whether the warrants should stay in place while the appeals unfold in what is likely to be a lengthy legal battle. The panel later issued an order asking attorneys to report by Friday on the possibility of a temporary compromise.
The Biden administration wants a stay order that would keep coverage widely available nationwide for HIV prevention and other preventative care. Lawyers for the six warrant-challenging plaintiffs want to make sure any stay doesn’t include their clients – including a conservative activist and a Christian dentist who opposes birth control and HIV prevention coverage on grounds religious. Plaintiffs want to be able to deny coverage without risking penalties, even if O’Connor’s decision is ultimately overturned altogether.