ACA challenged in court over preventive services - Insurance News | InsuranceNewsNet

InsuranceNewsNet — Your Industry. One Source.™

Sign in
  • Subscribe
  • About
  • Advertise
  • Contact
Home Now reading Top Stories
Topics
    • Advisor News
    • Annuity Index
    • Annuity News
    • Companies
    • Earnings
    • Fiduciary
    • From the Field: Expert Insights
    • Health/Employee Benefits
    • Insurance & Financial Fraud
    • INN Magazine
    • Insiders Only
    • Life Insurance News
    • Newswires
    • Property and Casualty
    • Regulation News
    • Sponsored Articles
    • Washington Wire
    • Videos
    • ———
    • About
    • Meet our Editorial Staff
    • Advertise
    • Contact
    • Newsletters
  • Exclusives
  • NewsWires
  • Magazine
  • Newsletters
Sign in or register to be an INNsider.
  • AdvisorNews
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Exclusives
  • INN Magazine
  • Insurtech
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Video
  • Washington Wire
  • Life Insurance
  • Annuities
  • Advisor
  • Health/Benefits
  • Property & Casualty
  • Insurtech
  • About
  • Advertise
  • Contact
  • Editorial Staff

Get Social

  • Facebook
  • X
  • LinkedIn
Health/Employee Benefits News
Top Stories RSS Get our newsletter
Order Prints
July 27, 2022 Top Stories
Share
Share
Post
Email

ACA challenged in court over preventive services

Affordable Care Act faces court challenge.
By Wire Reports

The Affordable Care Act was the subject of another round of court arguments Tuesday. This time the issue is whether the law’s provision that requires payers to cover preventive services, including HIV prevention drugs, as well as cancer screenings and vaccinations.

Arguments were heard in the case of Kelley v. Becerra, which was filed Feb. 25, 2021, in U.S. District Court for the Northern District of Texas.

In this latest challenge to the ACA, a coalition of employers and individuals object to paying for certain services. The plaintiffs contend that the provision requiring coverage of preventive services violates the Religious Freedom Restoration Act because the law requires coverage of pre-exposure prophylaxis, a preventive HIV medication.

The ACA specifies four main categories of preventive care for all adults as well as for women and children in particular:

  1. Services with an A or B rating in the current recommendations of the U.S. Preventive Services Task Force (USPSTF)
  2. Immunizations recommended by the Advisory Committee on Immunization Practices (ACIP)
  3. Preventive care and screenings for infants, children, and adolescents in comprehensive guidelines supported by the Health Resources and Services Administration (HRSA)
  4. Preventive care and screenings for women’s health specified in the HRSA guidelines

The plaintiffs argue that the preventive services requirement violates Article II of the U.S. Constitution, which vests the executive authority of the U.S. in the president but allows executive authority to be exercised by officers nominated by the president and confirmed by the Senate or by other “inferior officers,” as designated by law to be appointed by the president or heads of departments. The preventive services requirement violates this standard, the plaintiffs argue, because members of the USPSTF, ACIP and HRSA have not been nominated by the president or confirmed by the Senate.

Health care providers are largely opposed to ending the provision. The American Medical Association released a statement July 25 in conjunction with 61 medical associations to condemn the lawsuit. The provision is also supported by the Justice Department and 21 state attorneys general.

If the plaintiffs win, payers would not have to cover preventive care for members, potentially leading to less access and worse health outcomes. The Commonwealth Fund estimated nearly 152 million people benefited from the law’s free preventive care requirement in 2020 alone, through increased screenings, improved health outcomes, and reduced racial disparities in health care access.

If the provision is thrown out, states and their marketplaces could still require payers to maintain preventive care coverage, but federal law prevents the same mandate for self-funded employer plans.

 

 

 

Wire Reports

Older

3 approaches to educating clients in times of market uncertainty

Newer

Why the traditional 60/40 portfolio allocation doesn’t work for most investors

Advisor News

  • The conversation almost no advisor is having yet
  • Why advisors should offer retirement-longevity planning
  • A hybrid approach outperforms the 4% Rule, researchers find
  • The missing piece in most retirement plans
  • Clients are bringing TikTok insurance advice into advisor meetings
More Advisor News

Annuity News

  • Sammons Enterprises & Sammons Financial Group Respond to Reports
  • The Manhattan Life Insurance Company Acquires Union Security Life Insurance Company of New York
  • Cayman Islands premier to meet with U.S. reinsurance regulators
  • Investigation finds deceptive sales, churning of annuities targeting postal workers
  • Corebridge annuity sales slip ahead of Equitable marriage
More Annuity News

Health/Employee Benefits News

  • UB students research cancer at Roswell Park. But they struggle to afford health insurance
  • Meet the UB cancer research students pushing for affordable health insurance | Video
  • Arkansas officials confident people on Medicaid expansion will retain health coverage
  • Florida lost 450,000 ACA enrollees in 2026 as premiums rose an average of 37% nationally, new data shows
  • Sand says he’d undo Iowa’s private Medicaid management on Day 1
Sponsor
More Health/Employee Benefits News

Life Insurance News

  • Americans without children are less confident about retirement, Allianz finds
  • The conversation almost no advisor is having yet
  • DELAWARE INSURANCE DEPARTMENT DETAILS REVIEW OF BRIGHTHOUSE ACQUISITION
  • Sammons Enterprises & Sammons Financial Group Respond to Reports
  • Court losses bring Greg Lindberg fraud victims closer to restitution
More Life Insurance News

- Presented By -

NEWS INSIDE

  • Companies
  • Earnings
  • Economic News
  • INN Magazine
  • Insurtech News
  • Newswires Feed
  • Regulation News
  • Washington Wire
  • Videos

FEATURED OFFERS

Press Releases

  • How Aspire General Turned an Early Technology Bet Into Claims Automation at Scale with Kyber
  • Adjusto launches AI-Native contents claims services powered by its technology platform
  • URL Insurance Group Celebrates 40 Years of Service, Growth, and Industry Leadership
  • MassMutual Ascend Surpasses $2 Billion in Lifetime Advisory Annuity Sales, Reflecting Continued Momentum in RIA Channel
  • Royal Neighbors Unveils Its 2026 Scholarship Recipients 2026 Royal Neighbors Scholars Making a Difference Across the Country
More Press Releases > Add Your Press Release >

How to Write For InsuranceNewsNet

Find out how you can submit content for publishing on our website.
View Guidelines

Topics

  • Advisor News
  • Annuity Index
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • From the Field: Expert Insights
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Magazine
  • Insiders Only
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Washington Wire
  • Videos
  • ———
  • About
  • Meet our Editorial Staff
  • Advertise
  • Contact
  • Newsletters

Top Sections

  • AdvisorNews
  • Annuity News
  • Health/Employee Benefits News
  • InsuranceNewsNet Magazine
  • Life Insurance News
  • Property and Casualty News
  • Washington Wire

Our Company

  • About
  • Advertise
  • Contact
  • Meet our Editorial Staff
  • Magazine Subscription
  • Write for INN

Sign up for our FREE e-Newsletter!

Get breaking news, exclusive stories, and money- making insights straight into your inbox.

select Newsletter Options
Facebook Linkedin Twitter
© 2026 InsuranceNewsNet.com, Inc. All rights reserved.
  • Terms & Conditions
  • Privacy Policy
  • InsuranceNewsNet Magazine

Sign in with your Insider Pro Account

Not registered? Become an Insider Pro.
Insurance News | InsuranceNewsNet