Hill March 4, 2024
A federal appeals panel appeared skeptical Monday of the constitutionality of an Affordable Care Act (ACA) provision requiring insurers to cover specific preventive services.
Judges on the U.S. Court of Appeals for the 5th Circuit in New Orleans questioned whether the members of the U.S. Preventive Services Task Force (USPSTF) have the legal power to make recommendations, since its members are not appointed by the president or confirmed by the Senate.
The task force is a volunteer panel of national experts in disease prevention and evidence-based medicine. The ACA requires insurers to cover, without cost-sharing, more than 100 preventive health services recommended by the task force.
District Judge Reed O’Connor ruled last year that enforcing the recommendation was “unlawful” and...
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