Published June, 2024

Braidwood v Becerra, 5th Circuit Court of Appeals (June 21, 2024)

Screenshot of first page of decision

The U.S. Court of Appeals for the Fifth Circuit issued its much-anticipated decision in Braidwood v. Becerra, a case challenging the constitutionality of the ACA preventive care mandate. The mandate guarantees most people with private insurance access to coverage without copayments or cost-sharing of four sets of preventive services: wide-ranging preventive care services for everyone rated “A” or “B” by the United States Preventive Services Task Force (USPSTF); vaccines recommended by the federal Advisory Committee for Immunization Practices (ACIP) and adopted by the CDC; women’s preventive health services recommended by the federal Health Resources
and Services Administration (HRSA); and preventive services recommended by HRSA for children and youth. The Fifth Circuit’s decision preserves access to most of these services for most people for now—but could lead to dramatic reductions in access to care down the road. 

-- Summary courtesy of the Center for Health Law Policy and Innovation at Harvard Law School.