
Trump Administration’s Message to Supreme Court Puts New Wrinkle in Braidwood Case
The Trump administration argues that HHS Secretary Robert F. Kennedy Jr can overrule the US Preventive Services Task Force to determine the preventive services covered under the Affordable Care Act.
Preventive services covered by the Affordable Care Act (ACA) have been under fire for in recent years, as the requirement for private insurers to cover these services with no cost sharing has been left up in the air amid an ongoing lawsuit. The case, which was first decided in 2022 by a lower court, will go before the Supreme Court to decide whether the US Preventive Services Task Force (USPSTF) had the authority to regulate the preventive services covered under the ACA. With a new brief filed by the Trump administration, the case could become more complicated.
The
However, the Trump administration has now indicated in
The Trump administration is adding to the argument laid out by the Biden administration, stating that the HHS secretary has the final say in whether the USPSTF recommendations would have any legal effect.2 The authority attributed to the
Regardless of the arguments used to keep the preventive services measure intact, experts say that requiring preventive services be covered under the ACA is important to patients across the country. More than 30 preventive services
It remains to be seen how the arguments before the Supreme Court and its eventual decision could be affected by the new brief from the Trump administration. The HHS secretary could claim more authority over the USPSTF than before, which would have major implications for future preventive services being given A and B ratings that would force coverage from private insurers.
References
- Bonavitacola J. Federal judge’s ruling throws preventive care access into question. AJMC®. April 4, 2023. Accessed February 21, 2025.
https://www.ajmc.com/view/federal-judge-s-ruling-throws-preventive-care-access-into-question - Bettelheim A. Trump administration to defend ACA preventive services mandate. Axios. February 20, 2025. Accessed February 21, 2025.
https://www.axios.com/2025/02/20/trump-admin-defend-aca-mandate - Ollstein AM. Trump defends Obamacare at the Supreme Court—stressing RFK Jr.’s in charge now. PoliticoPro. February 21, 2025. Accessed February 21, 2025.
https://subscriber.politicopro.com/article/2025/02/trump-obamacare-supreme-court-rfk-jr-00205261 - Grossi G. 5 health policy stances of Robert F. Kennedy Jr. AJMC. November 15, 2024. Accessed February 21, 2025.
https://www.ajmc.com/view/5-health-policy-stances-of-robert-f-kennedy-jr - Bonavitacola J. Braidwood case headed to Supreme Court, coverage for preventive care in jeopardy. AJMC. February 4, 2025. Accessed February 21, 2025.
https://www.ajmc.com/view/braidwood-case-headed-to-supreme-court-coverage-for-preventive-care-in-jeopardy
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