Preventive Services Mandate Stands

In a decision that did not come as a surprise last week, the Court in Kennedy et al v Braidwood upheld the Government’s argument in defense of the Affordable Care Act (ACA) preventive care mandate, which requires services deemed ‘preventive’ to be covered by group and individual plans at zero cost to individuals. This cornerpost of the ACA has increased access to well-visits and immunizations for millions of Americans for a decade.

Petitioners leaned into the Constitutional provision regulating the way ‘officers of the United States’ are appointed, arguing that members of the US preventive services task force were not properly appointed to their positions. Specifically “The question in this case is whether appointment of Task Force members by the Secretary is consistent with the Appointments Clause in Article II.”

Petitioners argued that, without proper appointments, the preventive care mandates promulgated by this Task Force were invalid. Justice Kavanaugh delivered the majority opinion, upholding this vital element of the ACA.

This provision has been in some form of jeopardy for several years, so the finality from the Court is welcomed relief. 

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