On May 15, 2023, the Fifth Circuit Court of Appeals issued a temporary administrative stay (a “freeze”) in the case involving part of the Affordable Care Act (ACA) that requires group health plans and insurers to cover certain preventive healthcare services with a United States Preventive Services Taskforce (USPSTF) recommendation grade of either A or B, with no cost sharing.
As background, in Braidwood Management, Inc. v. Becerra, a federal district court in Texas granted the plaintiff’s request for a nationwide injunction by blocking the enforcement of the ACA’s requirement to cover the USPSTF recommendations with no cost sharing.[1]
The government appealed that ruling to the Fifth Circuit and asked for a stay of the injunction. The Fifth Circuit has now ordered that the ACA mandate remain in effect (for everyone except the few health plans challenging the requirement) until it issues a final decision in the case, expected later this year. This means that, at least for now, group health plans and insurers must continue to cover USPSTF recommendations with an A or B rating.
