Supreme Court Affirms ACA Preventive Services Mandate in Kennedy v. Braidwood
On June 27, 2025, the U.S. Supreme Court upheld the Affordable Care Act’s (ACA) preventive services mandate in Kennedy v. Braidwood Management, Inc., affirming the use of U.S. Preventive Services Task Force (USPSTF) recommendations as the basis for requiring most group health plans to cover designated preventive services without cost sharing. This ruling preserves the existing legal framework and eliminates uncertainty regarding the constitutional validity of the USPSTF appointments under the Appointments Clause.
The ACA mandates that services rated "A" or "B" by the USPSTF must be provided by group health plans without deductibles, copays, or coinsurance. The USPSTF, established by HHS and codified by Congress, provides evidence-based preventive care recommendations that become binding after a one-year review period. The Supreme Court's decision reinforces this process and the mandate's regulatory standing.
The underlying challenge argued that USPSTF members were not properly appointed as required by the Constitution. While a lower appellate court previously ruled that USPSTF member appointments required presidential nomination and Senate confirmation, the Supreme Court reversed this decision, validating the current appointment structure.
For employers and plan sponsors, this decision signals continuity in compliance obligations. Group health plans must continue to include no-cost coverage for USPSTF-recommended preventive services such as cancer screenings, immunizations, and diabetes testing. No changes to existing plans are necessary as a result of this ruling.
This decision impacts regulatory compliance and insurance markets by confirming that preventive care mandates under the ACA will remain stable. It also reduces legal uncertainties that could have led to disruptive changes in employer-sponsored health coverage. Stakeholders should maintain vigilance in ACA compliance, including coverage updates aligned to future USPSTF recommendations.