Sept. 7, 2022

CONTACT: Jack Cardinal, (781) 960-5208,

– Community Catalyst issued the following statement in response to a ruling from District Judge Reed O’Connor today against requiring employers to cover PrEP, an HIV prevention drug, for their employees. PrEP drugs have been shown to be more that 90 percent effective in preventing the transmission of HIV and are protected as preventive services under the Affordable Care Act.

Statement of Executive Director Emily Stewart:

“Today’s ruling is yet another judicial attack on the health and reproductive rights of the people of our nation. No one should be prevented from accessing the care they need because of the religious beliefs of an employer. Blocking people from accessing PrEP to prevent the transmission of HIV is flat out wrong. Opponents of health justice and race equity continue to use the courts in an attempt to erect barriers to essential care. From working to deny access to abortion, gender-affirming care, birth control to now PrEP, it has never been clearer how far extreme politicians and employers will go to take away people’s health and rights. Community Catalyst is committed to working with our coalition partners across the country to defeat these attacks and build a health system and society where everyone gets the care they need to be healthy.”

Additional Background:

  • The Affordable Care Act (ACA) requires most health insurance plans to cover a range of preventive services like cancer screenings, vaccines, birth control and HIV prevention drugs without cost sharing. These no-cost preventive services are determined through recommendations from federal agencies like the Health Resources and Services Administration as well the U.S. Preventive Services Task Force, an independent expert panel.
  • The ACA’s no-cost preventive services requirement has been instrumental in reducing out-of-pocket costs and improving access to care for millions of people.
  • Despite strong opposition from health advocates, public health experts and the nation’s leading health care provider associations, today’s ruling represents a significant threat to people’s access to these essential services and undermines the authority Congress granted to federal agencies in establishing equitable and evidence-based standards for health coverage.

What’s Next?

  • Pending additional information from plaintiffs, Judge O’Connor has yet to issue a final determination on how far his ruling will go in striking specific aspects of the ACA’s preventive services requirements.
  • This case will almost certainly face appeal to the 5th Circuit Court and possibly the Supreme Court.
  • Community Catalyst will continue to stand with our partners in health justice and the 150 million people nationwide who count on access to affordable and lifesaving preventive health care. 


About Community Catalyst:

Community Catalyst is a leading non-profit national health advocacy organization dedicated to advancing a movement for health equity and justice. We partner with local, state and national advocates to leverage and build power so all people can influence decisions that affect their health. Health systems will not be accountable to people without a fully engaged and organized community voice. That’s why we work every day to ensure people’s interests are represented wherever important decisions about health and health care are made: in communities, state houses and on Capitol Hill. For more information, visit Follow us on Twitter @CommCatHealth.