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Supreme Court Upholds ACA Preventive Care Provision

July 1, 2025
Faridat Animashaun

The U.S. Supreme Court issued a 6-3 decision in Kennedy v. Braidwood Management on June 27, upholding the constitutionality of the Affordable Care Act’s (ACA) coverage requirement for preventive services.

The ruling means that services recommended by the U.S. Preventive Services Task Force (USPSTF) — such as cancer screening and preventive medications — remain available without cost-sharing for most people who have private insurance or are eligible through Medicaid expansion programs.

The majority opinion held that members of the task force are appointed in a manner consistent with the Appointments Clause and are subordinate to the HHS secretary, and can be removed at will. This means the secretary has the final word on recommendations for preventive services coverage requirements before they take effect.

America’s Essential Hospitals, along with other hospital associations, filed two amicus briefs in February 2025 supporting the ACA provision to cover preventive services recommended by the USPSTF without copays.

Contact Director of Policy Rob Nelb, MPH, at rnelb@essentialhospitals.org or 202.585.0127 with questions.