On June 27, the U.S. Supreme Court ruled 6-3 in Kennedy v. Braidwood that the structure of the U.S. Preventive Services Task Force is constitutional. For over a decade, the Affordable Care Act (P.L. 111-148, PDF) has required that insurers cover certain services recommended by the task force without patient cost-sharing. The U.S. 5th Circuit Court of Appeals previously ruled that members of the task force must be confirmed by the Senate [refer to Washington Highlights, June 28, 2024]. The Supreme Court reversed, ruling that because the members of the task force are removable at will by the secretary of the Department of Health and Human Services and their recommendations are reviewable by the secretary, they are inferior officers and may be appointed without Senate confirmation.
The AAMC had previously joined a Feb. 24 amicus brief urging the Supreme Court to reverse the 5th U.S. Circuit Court of Appeals decision (PDF), which illustrated the health benefits associated with no-cost services like colorectal cancer screenings, blood pressure screenings, cholesterol screenings, preventive interventions for pregnant and postpartum women, and others [refer to Washington Highlights, Feb. 28].