Official announcements from the U.S. Department of Health and Human Services or legislative changes

Supreme Court to Review 5th Circuit's Ruling on ACA's No-Cost Preventive Care Coverage

Jan 10, 2025, 11:53 PM

The U.S. Supreme Court has agreed to review a challenge to the Affordable Care Act's (ACA) no-cost coverage requirements for certain preventive care services, including cancer screenings, heart statins, and HIV drugs. This decision follows an appeal by the Biden administration against a ruling from the 5th U.S. Circuit Court of Appeals, which sided with employers arguing that they cannot be compelled to provide full insurance coverage for these services. The lower court's decision was based on the contention that the U.S. Preventive Services Task Force, responsible for recommending these services, violates the Constitution's Appointments Clause due to its members not being appointed by the president and confirmed by the Senate. The case, Braidwood Management, Inc. et al. v. Xavier Becerra, could impact the availability of preventive care services that have been covered under the ACA since its enactment in 2010. The Supreme Court's review is expected to address whether the structure of the Task Force is constitutional and whether the coverage requirements should be reinstated.