The U.S. Supreme Court on Friday, June 27, 2025, upheld a key element of the Affordable Care Act regarding health insurers covering preventive care at no cost to patients. In the 6-3 decision written by Justice Brett Kavanaugh, the Supreme Court reversed a lower court’s ruling that the U.S. Preventive Services Task Force is composed of members who were not validly appointed.
The decision upheld the constitutionality of the ACA requirement that insurance companies cover certain preventive care recommended by the expert panel. This effectively protects access to preventive care for about 150 million American.
The Court found the Secretary of the Department of Health and Human Services (HHS) has the authority to appoint and remove members of the U.S. Preventive Services Task Force, and that their work is “directed and supervised” by the HHS secretary, so they don’t need Senate confirmation. The court decision reinforces the HHS Secretary’s authority over the panel and its recommendations.
The ACA requires that ACA insurance cover services the task force recommends with a “grade” of A or B, such as mammograms and HIV-prevention drugs. Medical experts on the task force are volunteers who serve 4-year terms and are appointed by the HHS secretary.
As a Congressionally approved independent agency, the task force is to be “independent and, to the extent practicable, not subject to political pressure.”
This significant milestone for ACA is a win for the program we’re extremely pleased to share with all ACA agents. Sebastian Alcantara, our ACA product specialist, is available to answer any questions about this decision and the other opportunities from ACA changes in the 2026 Major Rule.
Contact Agility Producer Support at (866) 590-9771 or email support@enrollinsurance.com for answers to any insurance questions. Agility can also add you to our free, weekly email list for tips and vital information!