Health Affairs June 28, 2024
The Fifth Circuit Court of Appeals announced its “mixed bag” decision in Braidwood vs Becerra on June 21. The decision leaves the future of the Affordable Care Act’s (ACA’s) preventive services coverage requirement murky and the preventive care of hundreds of millions of Americans in jeopardy.
Unsurprisingly, the conservative appeals court agreed with Texas federal district court judge Reed O’Connor that the US Preventive Services Task Force’s (“Task Force”) role in determining mandatory preventive coverage under the ACA is unconstitutional.
In a positive turn, the appellate court held at bay any nationwide injunction of the mandate, so the law is, for now, safe. However, the case will now go back to the Judge O’Connor’s trial court where the plaintiffs may...
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