Mid-Atlantic Health Law TOPICS

The Affordable Care Act (ACA) contains a requirement that most private health insurance plans and Medicaid expansion programs must cover certain preventive services without cost-sharing.

These preventive services include those services recommended by the United States Preventive Services Preventive Task Force (USPSPT) with a grade of A or B, vaccines recommended by the Advisory Committee on Immunization Practices (ACIP), and Health Resources and Services Administration (HRSA) recommendations based on Women’s Preventive Services Initiative and the Bright Futures for Children program. 

Certain groups have challenged this coverage requirement on various grounds. Specifically, in Kennedy v. Braidwood Management, et. al., the challengers argued, among other things, that the process by which the U.S. Secretary of Health and Human Services appoints members to the USPSPT violates the U.S. Constitution’s Appointments Clause found in Article II. The Appointments Clause provides that “officers of the United States” may only be appointed by the president, subject to the advice and consent of the Senate. 

However, on June 27, 2025, the U.S. Supreme Court held that such Secretary appointments were not violative of the Appointments Clause due to the oversight that the Secretary has over the appointed members of the USPSPT. 

The immediate impact of this decision is that the ACA preventive services coverage requirement remains in effect. However, the challengers are continuing to pursue other claims brought against the coverage requirement.

Darci M. Smith
410-576-4153 • dsmith@gfrlaw.com