The fate of ACA’s preventive services coverage mandate rests with U.S. appellate court

Lexology March 5, 2024
Reed Smith LLP

Yesterday, the U.S. 5^th Circuit Court of Appeals heard arguments that could determine whether numerous preventive care services performed in the United States continue to be offered on a “no out-of-pocket cost” basis. In 2022, a federal judge for the U.S. District Court for the Northern District of Texas had struck down a key provision that enabled these “no out of pocket cost” offerings: In a ruling in Braidwood Management, Inc., et al. v. Xavier Becerra, et al., U.S. Judge Reed O’Connor vacated nationally Section 2713 of the Patient Protection and Affordable Care Act (ACA) which mandated coverage without co-pay or deductible payments for preventive services recommended by the U.S Preventive Services Task Force (USPSTF). Judge O’Connor ruled that because...

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