Texas District Court Nullifies Portions of Preventive Care Mandate

In a closely watched case challenging the constitutionality of the ACA’s requirement for health plans to cover certain preventive care on a first dollar basis, a Texas district court held that the requirement violates the Constitution. While the order is only two pages, Judge Reed stated that the “U.S. Preventive Services Task Force’s (PSTF) recommendations … violate Article II’s Appointments Clause and are therefore unlawful”. The judge found the members of the PSTF were unlawfully appointed, which voided any of their recommendations. This determination is effective immediately and retroactive to March 23, 2010.

https://www.beckerspayer.com/payer/biden-appeals-texas-ruling-tossing-range-of-preventive-care-coverage-under-aca.html

The Biden administration appealed the federal Texas judge’s ruling. The case will go before the 5th Circuit Court of Appeals.

Source: https://www.jdsupra.com/legalnews/texas-district-court-nullifies-portions-4430641/