Supreme Court Issues Preventive Care Decision

On June 27, the Supreme Court upheld Affordable Care Act (ACA) requirements for insurance coverage of preventive services recommended by the US Preventive Services Task Force (USPSTF), reversing the lower court’s decision. In a 6-to-3 decision written by Justice Brett Kavanaugh, the majority ruled that the appointment structure of the USPSTF, a panel of experts that recommends preventive health measures that, under the ACA, insurance companies must cover without cost-sharing, is constitutional.

The Court concluded that the USPSTF’s structure makes clear its members are inferior officers, whose appointments (and potential removal) by the Department of Health and Human Services (HHS) Secretary are consistent with the US Constitution’s Appointments Clause.