Overview
- The case, Kennedy v. Braidwood Management, questions the constitutionality of the U.S. Preventive Services Task Force's authority to mandate no-cost preventive care under the ACA.
- A Texas federal court and the 5th Circuit previously ruled that the USPSTF mandate violated the Appointments Clause, with the Supreme Court now set to decide the issue.
- The Trump administration has unexpectedly defended the ACA provision, arguing that oversight by the HHS Secretary satisfies constitutional requirements.
- If the mandate is overturned, insurers could impose cost-sharing for preventive services like cancer screenings, PrEP for HIV prevention, and statins, potentially reducing access for millions.
- Studies show that nearly 40 million Americans currently rely on ACA-guaranteed free services, with experts warning that a ruling against the mandate could lead to worse health outcomes and increased disease rates.