Supreme Court Upholds Authority of Preventive Care Task Force
Decision in Kennedy v. Braidwood supports children's health and well-being
Today’s Supreme Court opinion in Kennedy v. Braidwood Management, Inc. upholds a key provision of the Affordable Care Act (ACA) that requires no-cost coverage of some essential preventive healthcare for children, youth, and parents, when recommended by a national task force of medical experts. These healthcare services are vital to the wellbeing of millions of people nationwide and allow early identification of health concerns, regardless of whether a patient can afford a co-pay or other cost sharing.
Under the Affordable Care Act (ACA), health insurers and group health plans must cover “preventive health services” at no additional cost to the patient. The U.S. Preventive Services Task Force (Task Force), which is comprised of medical experts, has authority under the ACA to determine some of the preventive services that insurers must cover. Because of the Task Force’s recommendations, health insurers are required to cover critical preventive health services for children and youth, including vision, anxiety, depression and obesity screening and preventive services to avoid dental cavities in young children. Task Force recommendations have also required coverage of preventive services for pregnant adults that are directly related to the health of babies and children, including folic acid supplementation; gestational diabetes screening; breastfeeding counseling and support; and screening for perinatal depression.
In Kennedy v. Braidwood Management, Inc., plaintiffs had sought to end these protections by arguing that the Task Force could not create these requirements since its members are not appointed by the President and confirmed by the Senate. The Supreme Court rejected this argument, holding instead that the creation of the Task Force was within Congressional power in passing the ACA.
“Preventive services, including routine screenings for mental health, vision, and developmental milestones give young people the foundation to grow, learn, and thrive,” said Rebecca Gudeman, Managing Director of Health and Wellbeing at NYCL. “The Supreme Court's decision to uphold the Task Force is important. But many barriers to accessing preventive care still exist, and we won't stop fighting until every child has access to the healthcare they deserve."
