Fifth Circuit Rules ACA Preventive Mandate Remains in Effect Nationwide – Except as to Plaintiffs

Lexology August 23, 2024
Hall Benefits Law

However, the Fifth Circuit lifted the district court’s nationwide injunction against the government from enforcing the ACA’s preventive care mandate. The Court found that the nationwide injunction was unnecessary and that the district court judge abused his discretion in issuing injunctive relief to anyone other than the plaintiffs. The case is Braidwood Mgmt. v. Becerra, No. 23-10326 (5^th Cir. 2024).

The plaintiffs filed suit in objection to a 2019 recommendation by the U.S. Preventive Services Task Force that the ACA fully cover drugs that prevent HIV transmission as a mandated preventive service. They alleged that the Task Force, a 16-member body of experts created by the ACA, is unconstitutional because they were not properly appointed under Article II of the...

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