WASHINGTON — A group of Democratic senators is pressing a national panel to make a move that would require insurers cover all Covid-19 tests at no cost, despite an ongoing court battle challenging that group’s authority.
On Thursday, four senators led by Elizabeth Warren (D-Mass.) wrote to Michael Barry, the chair of the U.S Preventive Services Task Force, pushing the national panel of experts to make their highest recommendation for Covid-19 tests, a move that under the Affordable Care Act would mean insurers must cover the product with no copay for enrollees. The demand comes two months after the coronavirus public health emergency ended, and with it a requirement for insurers to cover tests without cost-sharing.
While payers can continue providing tests for free to patients, several large insurers have already dropped or limited no-cost coverage. Cigna, for instance, said in May that it would stop covering at-home tests and introduce cost-sharing for lab tests. Aetna similarly implemented copays on lab tests; other insurers have varied by states and plans. Medicaid and the Children’s Health Insurance Program will cover the tests fully through September 2024.
Warren, joined by Sens. Tammy Duckworth (D-Ill.), Chris Van Hollen (D-Md.), and Richard Blumenthal (D-Conn.), argue that Covid-19 tests fit into the task force’s definition of an important screening tool, because they’re meant to help people avoid disease — particularly one with a substantial health burden — or treat it quickly.
However, even as the senators press Barry for action, the task force’s power to require preventive care coverage is being challenged. A Texas federal judge in March struck the ACA provision down, arguing the volunteer group of doctors and scientists have no authority because they are not appointed by the health and human services secretary, who is Senate-confirmed and entitled to make committees. In May an appeals court judge issued an injunction on the ruling while it considers the case, which could have implications for a range of services from PrEP drugs to cancer screenings.
Warren asked Barry to say by the end of this month whether the task force would be making the testing recommendation and when — pushing the group to “expedite” a decision. The senators also asked how the group would communicate its decision, so that the general public knows tests remain free.
Separately, the Massachusetts senator also met this week with President Biden’s nominee to lead the National Institutes of Health, Monica Bertagnolli, and urged the cancer surgeon to sign a pledge not to join a pharmaceutical company board for at least four years after her tenure. Bertagnolli did not commit to the promise, two people familiar with their Tuesday meeting said.
The standoff has been met with frustration among federal scientists including former NIH directors and a former director of the National Cancer Institute, Ned Sharpless.
“The Ethics pledge in the Obama and Trump administrations was 2 years, which is plenty long,” Sharpless wrote on Twitter. “The demand now for 4 years will prevent talented people from entering federal [service].”
The NIH has been without a permanent director for more than a year and a half since Francis Collins stepped down in December 2021.