GMHC Decries Texas Judge Ruling Against Access to PrEP

GMHC stands with HIV, health care, and human rights advocates, as well as legal experts nationwide, in decrying U.S. District Court for the Northern District of Texas Judge Reed O’Connor’s ruling in Braidwood Management v. Becerra, which threatens access to pre-exposure prophylaxis (PrEP), a key prevention tool for ending the HIV epidemic.

First and foremost, we want to assure the communities GMHC serves and those on PrEP across the country that their insurance coverage for PrEP is not immediately in danger. They should continue to take PrEP as prescribed and to see their doctors for PrEP checkups and renewals, as scheduled. Over 40 years into the HIV and AIDS epidemic, it is imperative that anxiety about this ruling does not reverse the progress made linking those at risk for HIV to this critical prevention tool.

While this ruling focuses on mandated coverage for PrEP in health insurance policies purchased by private employers, GMHC recognizes that it is part of a larger strategy—inspired by homophobia and opposition to health care as a human right—to dismantle the Affordable Care Act. We will not engage with the straw man arguments put forth in this ruling about ‘religious freedom’ or whether HIV is a ‘homosexual’ disease. HIV can infect anyone, and PrEP can be an effective and critical HIV prevention tool for anyone.

In fact, according to the CDC, in 2019:

  • Nearly 20% of those newly infected with HIV in the U.S. were women, yet only 10% of women who could benefit from PrEP were prescribed it. This ruling is an attack on women at risk for HIV;
  • Over 40% of those newly infected with HIV in the U.S. were Black/African American (of all genders), yet only 8% of Black/African American people who could benefit from PrEP were prescribed it. This ruling is an attack on the Black community at risk for HIV;
  • Nearly 30% of those newly infected with HIV in the U.S. were Hispanic/Latino (of all genders), yet only 14% of those who could benefit from PrEP were prescribed it. This ruling is an attack on the Latinx community at risk for HIV.


GMHC will continue to advocate for affordable access to PrEP for all who would benefit. We are proud to partner with Q Care Plus to help provide PrEP to the clients we serve. And this month GMHC, in partnership with Avita, opened a new pharmacy at our facility that is available to the clients we serve, including those prescribed PrEP by their physician.

GMHC will continue to advocate for New York State (NYS) legislation that guarantees insurance coverage of PrEP, including bills sponsored by NYS Senator Brad Hoylman and NYS Assembly Member Daniel O’Donnell that would require any NYS insurance policy to provide coverage for PrEP and prohibit a prior authorization requirement. We also will advocate for another bill sponsored by NYS Senator Hoylman and NYS Assembly Member Didi Barrett that would authorize pharmacists to administer a limited supply of PrEP, making access to those in need even easier.

GMHC will continue to partner with AIDS United to support existing federal PrEP access regulations, plus new funding for a national PrEP assistance program.

To learn more about GMHC’s PrEP programs and advocacy, check out the following articles at GMHC.org:

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