Today, the United States Supreme Court affirmed the constitutionality of offering numerous preventive care services with “no out-of-pocket cost” to patients in the United States. As a result, various preventive health services recommended by the U.S. Preventive Services Task Force (USPSTF), as mandated in the Patient Protection and Affordable Care Act (ACA), can continue be offered on a no-cost basis.   

The Court rendered today's 6-3 ruling decision in the case of Xavier Becerra, Secretary of Health and Human Services, et al. v. Braidwood Management, Inc., et al.  Justice Kavanaugh delivered the opinion of the Court, in which Chief Justice Roberts and Justices Sotomayor, Kagan, Barrett and Jackson joined.  Justice Thomas filed a dissenting opinion in which Justices Alito and Gorsuch joined. 

By finding that the Secretary of the Department of Health and Human Services could appoint members of the USPSTF and could choose to not accept certain of the task force's recommendations, the Court ruled that the Secretary had sufficient authority over the preventive healthcare services task force. In doing so, the Court put to rest arguments that members of the USPSTF, because they are not Senate confirmed, were not constitutionally permitted under the Appointments Clause of Constitution to wield the authority to determine coverages subject to the ACA's mandate.

Section 2713 of the Affordable Care Act (ACA) mandated that group health plans and health insurers cover a long list of preventive health services without out-of-pocket, co-insurance and deductible costs to patients. The ACA's list of preventive services recommended by the USPSTF includes items like cancer screenings, immunizations and contraceptives that have received a rating of ‘A’ or ‘B’ from that task force.  Low dose CT lung cancer screening and colorectal screening studies, including now CT colonography, are among the preventive health services covered.  Screening mammography services were mostly unaffected by the ruling since that no-cost mandate preceded the ACA.