The U.S. Court of Appeals for the 5th Circuit on June 21 reached a decision in Braidwood Management Inc. v. Becerra, in which the plaintiffs challenged the Affordable Care Act (ACA) requirement that health plans cover certain preventive services without copays. The court ruled that the ACA preventive services mandate is unconstitutional but limited the application of the decision only to the plaintiffs in the case.
The ACA requires coverage for any preventive services recommended by the United States Preventive Services Task Force (USPSTF). The court concluded that, given the USPSTF’s authority to issue legally binding recommendations with no supervisory role by the Secretary of Health and Human Services, its members needed to be confirmed by the Senate under the Constitution’s Appointments Clause.
The appeals court, however, overruled the district court’s order vacating all agency actions taken to enforce the preventive services mandate and granting a nationwide injunction prohibiting any future actions. Instead, the ruling provides relief only to the plaintiffs in the case.
America’s Essential Hospitals joined other hospital associations to file two amicus briefs in the litigation that outline the importance of access to preventive services to health and well-being and to controlling health care costs.
Contact Director of Policy Rob Nelb, MPH, at rnelb@essentialhospitals.org or 202.585.0127 with questions.
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