PHILADELPHIA–On September 7, 2022, a federal judge in Texas ruled in the Braidwood Management v. Becerra lawsuit that it is not lawful to require insurance plans to cover HIV prevention medications known as pre-exposure prophylaxis (PrEP) without a copay. Since the Affordable Care Act (ACA) was enacted in 2010, most insurance companies have been required to provide access to various highly effective preventive services at no cost to the covered individual. This ruling threatens affordable access to essential lifesaving prevention tools, including PrEP– a medication that significantly reduces a person’s chances of getting HIV. The judge did not specify whether his initial ruling was specific to the plaintiffs in this case or should be applied more broadly.

“The Philadelphia Department of Public Health is committed to ending the HIV epidemic in Philadelphia,” said the Health Department’s AIDS Activities Coordinating Office’s Director, Dr. Kathleen Brady. “With an ambitious goal of reducing HIV infections by 90% by 2030, Philadelphians need access to PrEP without barriers, financial or otherwise. This ruling hurts the members of our communities who routinely face discrimination and are at increased risk of HIV exposure, particularly Black, Latino, and LGBTQ+ Philadelphians. This decision has been heavily criticized by medical professionals throughout the nation and we add our voice to that chorus. The Health Department is here to ensure that everyone who needs HIV prevention services can get them.”

Until there is further clarification on this ruling, Philadelphians can still get PrEP through private insurance, Medicaid, or pharmaceutical assistance programs. To learn more about HIV prevention, including how to get PrEP, visit