The Affordable Care Act's guarantee of no cost-sharing for cancer screenings and other beneficial evidence-based preventive services recommended by the U.S. Preventive Services Task Force (USPSTF) has been put in jeopardy by a district court decision favoring the plaintiffs in a lawsuit claiming that requiring insurance coverage of HIV pre-exposure prophylaxis violated their religious freedom. Judge Reed O'Connor ruled that because USPSTF members are not confirmed by the Senate and their recommendations are not subject to government oversight or approval, health insurers are no longer obligated to cover any preventive services recommended after the ACA was signed into law in March 2010. Mandatory coverage of services endorsed by other governmental bodies, such as the Advisory Committee on Immunization Practices (ACIP) and the Health Resources and Services Administration (HRSA), will remain in effect. In a previous blog post, I called this outcome "an exceedingly dumb and harmful proposition that would result in more preventable illness and poorer quality of life for millions of Americans," but now that it's happened, it is worth exploring why the ACA left the Task Force vulnerable and what can be done to repair the damage.
In 2013, family physicians Steven Woolf and Doug Campos-Outcalt wrote a prescient viewpoint in JAMA noting that the USPSTF's exclusive focus on the scientific evidence of clinical benefits and harms made it ill-equipped to implement insurance policy designs:
Coverage decisions, like other aspects of public policy, should not always be dictated solely by science. ... Just as clinicians must consider individual circumstances that transcend empirical data, the public should be allowed to influence policy choices, like paying for services, when factors other than science pertain. Laws should certainly adhere to the evidence in ensuring public access to a minimum set of services of proven benefit, but the latitude to build on this evidence-based “floor” should also be preserved. ... Placing the USPSTF in this position puts its analytic rigor at risk by preventing members from concentrating on the science. The inescapable reality that their conclusions dictate coverage guidelines may engender a subliminal pressure to reinterpret the evidence, knowing the ramifications, and to lower the threshold for A and B recommendations.Drs. Woolf and Campos-Outcalt suggested severing the link between USPSTF recommendations and coverage policy "by naming a separate body to advise the secretary of Health and Human Services on appropriate preventive services for first-dollar coverage." This did not happen, of course, even after three former Task Force Chairs published a second commentary a few years later asking "Is It Time for the USPSTF to Inform—But Not Determine—Coverage?" Discussing an attempt by Mylan, the manufacturer of the EpiPen, to pressure the panel to declare its anaphylaxis drug a preventive service so that insurance companies would be forced the bear the full burden of future price increases, the authors noted that "the linkage ... encourages those with a significant financial interest to attempt to influence the direction and decisions of the Task Force."