Lexology May 10, 2024
A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit recently heard arguments in the federal government’s appeal of a lower court’s decision to vacate various Affordable Care Act (ACA) preventive care requirements. U.S. District Court Judge Reed O’Conner also issued a nationwide injunction preventing the Biden administration from enforcing the ACA preventive care requirements. The court based its decision on a finding that since recommendations from the U.S. Preventive Services Task Force (USPSTF) weren’t subject to approval by the U.S. Department of Health and Human Services (HHS), then the members of USPSTF were unconstitutionally appointed in violation of Article II of the U.S. Constitution.
Currently, insurers are required to offer coverage without cost-sharing for any preventive...
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