Health Affairs  |  July 28, 2023

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The legal fight over the Affordable Care Act’s (ACA) requirement that insurers and employers cover preventive services without cost-sharing is now before the federal Court of Appeals for the Fifth Circuit. The appeal to the Fifth Circuit follows a Texas district court decision by Judge Reed O’Connor that a key element of the ACA’s preventive services requirement—evidence-based preventive services recommended by the U.S. Preventive Services Task Force (USPSTF)—violates the Appointments Clause of the US constitution.

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