NEWLAND v. SEBELIUS
881 F.Supp.2d 1287 (2012)
William NEWLAND; Paul Newland; James Newland; Christine Ketterhagen; Andrew Newland; and Hercules Industries, Inc., a Colorado corporation; Plaintiffs,
Kathleen SEBELIUS, in her official capacity as Secretary of the United States Department of Health and Human Services; Hilda Solis, in her official capacity as Secretary of the United States Department of Labor; Timothy Geithner, in his official capacity as Secretary of the United States Department of the Treasury; United States Department of Health and Human Services; United States Department of Labor; United Stated Department of the Treasury; Defendants.
Civil Action No. 1:12-cv-1123-JLK.
United States District Court, D. Colorado.
July 27, 2012.
David Andrew Cortman, Alliance Defending Freedom, Lawrenceville, GA, Erik William Stanley, Kevin H. Theriot, Alliance Defending Freedom, Leawood, KS, Gregory S. Baylor, Matthew Scott Bowman, Steven H. Aden, Alliance Defending Freedom, Washington, DC, Michael Jeffrey Norton, Alliance Defending Freedom, Greenwood Village, CO, for Plaintiffs.
KANE, District Judge.
This matter is currently before me on Plaintiffs' Motion for Preliminary Injunction (doc. 5). Based on the forthcoming discussion, Plaintiffs' motion is GRANTED.The Patient Protection and Affordable Care Act
Signed into law on March 23, 2010, the Patient Protection and Affordable Care Act ("ACA"), Pub.L. No. 111-148, 124 Stat. 119 (2010), instituted a variety of healthcare reforms. Among its many provisions, it requires most U.S. citizens and legal residents to have health insurance, creates state-based health insurance exchanges, and requires employers with fifty or more full-time employees to offer health insurance.1 Id. The ACA also implemented a series of provisions aimed at insuring minimum levels of health care coverage.2 Most relevant to the instant suit, the ACA requires group health plans to provide no-cost coverage for preventive care and screening for women. 42 U.S.C. § 300gg-13(a)(4).3 Unlike some other provisions of the ACA, however, the preventive care coverage mandate does not apply to certain healthcare plans existing on March 23, 2010.4 See Interim Final Rules for Group Health Plans and Health Insurance Coverage Relating to Status as a Grandfathered Health Plan Under the Patient Protection and Affordable Care Act, 75 Fed.Reg. 34538,34540 (June 17, 2010). This gap in the preventive care coverage mandate is significant. According to government estimates, 191 million Americans belong to plans which may be grandfathered under the ACA. Id. at 34550. Although there are many requirements for maintaining grandfathered status, see 26 C.F.R. § 54.9815-1251T(g), if those requirements are met a plan may be grandfathered for an indefinite period of time.