US Supreme Court accepts appeal that will determine the fate of zero dollar “out-of-pocket” preventive health care services

Lexology January 13, 2025
Reed Smith LLP

This past Friday, the U.S. Supreme Court accepted an appeal from U.S. 5^th Circuit Court of Appeals that can be expected to determine the constitutionality of offering numerous preventive care services with “no out-of-pocket cost” to patients in the United States. The outcome of the appeal could impact whether many preventive health services recommended by the U.S. Preventive Services Task Force (USPSTF), as mandated in the Patient Protection and Affordable Care Act (ACA), can continue be offered on a no-cost basis.

In 2022, U.S. Judge Reed O’Connor of the U.S. District Court for the Northern District of Texas struck down a key provision that enabled these no cost preventive health offerings. The Government’s Petition for a Writ of Certiorari in...

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