Health Affairs April 7, 2023
The United States Preventive Services Task Force (“Task Force”)—a body of experts who recommend clinical preventive services for deployment across broad populations—is suffering a severe setback. Judge Reed O’Connor recently enjoined enforcement of its recommendations under the ACA provision that requires private health plans and Medicaid expansion programs to cover preventive care without cost sharing.
The judge’s final ruling in Braidwood v. Becerra issued on March 30th of this year follows his earlier decision that determined the Task Force was wielding such significant authority that it violated the Appointments Clause of the United States Constitution. He reasoned that the Task Force should be Senate—confirmed and that it was too politically insulated, considering its ability to set insurance policy for millions...
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