HIV prevention drug. Photo by NIAID. A federal district court judge in Fort Worth ruled that a Christian for-profit corporation does not have to provide HIV-preventive drug coverage under the Affordable Care Act (ACA) due to the sincerely held religious beliefs of the company’s owner. It also found that the governmental body recommending the preventive coverage violates the Appointments Clause of Article II of the U.S. Constitution. Braidwood Management, located in Houston and owned by Steven Hotze, filed suit against the U.S. Health and Human Services Secretary Xavier Becerra along with several other cabinet members for violating the U.S. Constitution and the federal Religious Freedom Restoration Act (RFRA), which became law in 1993 under President Bill Clinton. U.S. District Court Judge for the Northern District of Texas Reed O’Connor granted Braidwood’s motion for summary judgment on the religious freedom issue and violation of the Appointments Clause. Under the ACA, health insurance plans must cover pre-exposure prophylaxis (PrEP) drugs to prevent HIV infection. As the owner of a corporation with approximately 70 employees, Hotze wishes to provide a self-insured plan that excludes coverage of PrEP drugs. His objection to the coverage is based on his religious belief that providing such […]
