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‘A mixed bag’: Fifth Circuit rules on ACA preventive services legal case

The Fifth Circuit Court of Appeals has issued a significant decision impacting the Affordable Care Act's preventive services provision, declaring it unconstitutional in part but overturning a nationwide injunction, thereby maintaining the provision's temporary integrity for most Americans. Click here for article.

  • The Fifth Circuit Court's decision on the ACA's preventive services provision involves a nuanced outcome, affirming its unconstitutionality while halting a nationwide injunction, preserving the provision for the majority.

  • Braidwood Management argued successfully that the mandate for private plans and Medicaid expansions to cover preventive services without cost-sharing violates constitutional principles.

  • The court ruled that future members of the Preventive Services Task Force must be appointed by the President and confirmed by the Senate, altering the appointment process.

  • The decision remands the issue of Health and Human Services Secretary Xavier Becerra's authority to validate guidelines from advisory committees, signaling ongoing legal scrutiny.

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