Federal Court Finds Key Part of ACA’s Preventive Service Mandate Unconstitutional

WLG (Wagner law Group) / Sep 21, 2022  / / Read Article

A Texas federal district court, in Braidwood Management, Inc. v. Becerra, has held that the Affordable Care Act’s (“ACA’s”) requirement that most group health plans and health insurers cover certain recommended preventive services without cost-sharing violates the Appointments Clause of the U.S. Constitution.

The district court also found that the ACA’s coverage mandate for an HIV prevention medication violated an employer’s rights under the Religious Freedom Rights Act of 1993 (the “RFRA”).