America’s Essential Hospitals, along with other hospital associations, has filed two amicus briefs in support of the Affordable Care Act’s (ACA’s) mandate to cover preventive services recommended by the U.S. Preventive Services Task Force (USPSTF) without copays. The briefs outline the importance of access to preventive services to health and well-being and to controlling health care costs.
At issue in the case, now known as Braidwood v. Kennedy, is whether the preventive services mandate violates the Appointments Clause because USPSTF members are not appointed by the president and confirmed by the Senate. The U.S. Court of Appeals for the 5th Circuit previously upheld the federal district court’s ruling in favor of the plaintiffs on the merits but narrowed the scope of the judgement against the government. The Biden administration had argued that USPSTF members do not need be to be appointed.
The Solicitor General under President Trump has filed a brief with similar arguments as the previous administration. Arguments at the Supreme Court are set for April 21.
Contact Director of Policy Rob Nelb, MPH, at rnelb@essentialhospitals.org or 202.585.0127 with questions.
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