Health Affairs May 30, 2024
Administrative law is at a national inflection point as the Supreme Court weighs overturning a 40-year-old precedent underpinning the ability of agencies to develop detailed regulatory policy. Concurrently, the US Fifth Circuit of Appeals is weighing the constitutionality of the Affordable Care Act’s delegation of authority to various federal advisory bodies and an agency to determine preventive coverage requirements.
Both cases involve significant questions of administrative and constitutional law that will impact not only the future of health care regulation, but how our government uses expert determination to decide the preventive care that must be covered through health insurance for over 150 million Americans.
Both cases provide the ostensible opening desired by several justices to revisit the authority and role...
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