WASHINGTON, (Reuters) 鈥 The U.S. Supreme Court yesterday preserved a key element of the Obamacare law that helps guarantee that health insurers cover preventive care such as cancer screenings and HIV prevention medication at no cost to patients.
The 6-3 decision written by conservative Justice Brett Kavanaugh reversed a lower court鈥檚 ruling that the U.S. Preventive Services Task Force, which under the 2010 law formally called the Affordable Care Act has a major role in choosing what services will be covered, was not validly appointed.
The ruling means that certain life-saving tests and treatments must continue to be provided cost-free under most insurance plans. That allays concerns raised by public health advocates that the court might open the door to insurers subjecting these services to co-pays and deductibles, deterring many Americans from obtaining them.
The task force鈥檚 16 members are selected by the U.S. secretary of health and human services without Senate confirmation. The New Orleans-based 5th U.S. Circuit Court of Appeals had found that this arrangement violated the U.S. Constitution鈥檚 provision on the appointment of governmental officers.
The case arose when several individual Christian plaintiffs and two small businesses sued in federal court in Texas in 2020 to challenge the task force鈥檚 structure. It was the latest in a years-long series of challenges to Democratic former President Barack Obama鈥檚 signature legislative achievement to reach the Supreme Court.
A key question in the case was whether the task force wields power to such an extent that its members, under the Constitution鈥檚 鈥渁ppointments clause,鈥 are 鈥減rincipal officers鈥 who must be appointed by the president and confirmed by the U.S. Senate or 鈥渋nferior officers鈥 not subject to these requirements.