Lexology July 25, 2024
Proskauer Rose LLP

At the end of June, the U.S. Court of Appeals for the Fifth Circuit affirmed a district court order invalidating the Affordable Care Act preventive services mandate for “A” or “B” items and services recommended by the United States Preventive Services Task Force (USPSTF) on or after March 23, 2010, on the basis that the USPSTF members were not constitutionally appointed. The case is Braidwood Management Inc. v. Becerra (No. 23-10326, 5th Cir. 2024).

In the same decision, the Fifth Circuit reversed the district court’s nationwide injunction enjoining enforcement of the USPSTF preventive services mandate on procedural grounds. The Fifth Circuit also remanded the case to the district court to consider the constitutionality of the preventive services mandate with respect...

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Topics: ACA (Affordable Care Act), Govt Agencies, Insurance, Patient / Consumer, Provider
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