Supreme Court Upholds Structure of Preventive Health Task Force Under ACA
TL/DR –
The US Supreme Court upheld the structure of the federal health task force, which recommends preventive medical services that must be provided at no cost under the Affordable Care Act. This ruling maintains the 16-member U.S. Preventive Services Task Force, whose members are seen as “inferior officers” appointed by the head of Health and Human Services, in line with the Constitution’s Appointments Clause. The decision was in response to a lawsuit by Christian-owned businesses and individuals arguing that the preventive-care coverage mandates couldn’t be enforced as the task force members were unconstitutionally appointed.
Supreme Court Upholds Structure of Health Task Force Under Affordable Care Act
The Supreme Court has upheld the structure of a federal health task force recommending preventive medical services, provided at no cost under the Affordable Care Act (ACA). The ruling in the case of Kennedy v. Braidwood Management, Inc. maintains the existence of the 16-member U.S. Preventive Services Task Force, part of the Department of Health and Human Services (HHS).
The court voted 6-3 that task force members are inferior officers, allowing their appointment by the head of HHS to align with the Constitution’s Appointments Clause. Justice Brett Kavanaugh, authoring the majority opinion, wrote that the task force’s structure and the appointment of its members preserved “the chain of political accountability that was central to the Framers’ design of the Appointments Clause.”
After the ACA’s enactment in 2010, the task force’s role gained prominence. The ACA mandates health insurers and group health plans to offer preventive services recommended by the task force without imposing any co-pays, deductibles, or cost-sharing charges on patients.
Christian-owned businesses and individuals filed a lawsuit, asserting that the preventive-care coverage mandates are unenforceable due to the unconstitutional appointment of task force members. The plaintiffs objected to the task force’s 2019 recommendation for no-cost coverage of PrEP, an HIV-preventive medication, as they believe it “encourages and facilitates homosexual behavior.” This conflicts with their religious beliefs, leading them to seek plans excluding such medication coverage.
The task force also recommends preventive screenings for several severe health conditions, such as lung, cervical and colorectal cancers, diabetes, and the use of statin medications to lower heart disease and stroke risk.
The Supreme Court overturned the 5th Circuit’s ruling that deemed the task force’s structure unconstitutional under the Constitution’s Appointments Clause. Task force members are “inferior officers” who can be removed by the HHS Secretary, whose decisions are reviewable before implementation.
This dispute found rare agreement between the Biden and Trump administrations, with both defending the board’s structure. However, the legal dispute threatened to compromise access to preventive care, with nonprofit organizations cautioning that ending cost-sharing for services like breast cancer screenings or HIV-preventive medications could deter patients from seeking medical care.
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