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Update: ACA Preventive Care Coverage Requirement Remains in Effect During Appeal

May 18, 2023

Without making any comments, the U.S. Court of Appeals for the Fifth Circuit issued a stay on May 15, 2023, on a previous ruling by a lower court that had invalidated certain parts of the Affordable Care Act's (ACA) preventive care services requirement.

The lower court had issued an injunction on March 30, 2023, against the enforcement of preventive care coverage requirements based on an A or B rating by the U.S. Preventive Services Task Force (USPSTF) on or after March 23, 2010, stating that they violated the U.S. Constitution. However, the higher court's stay of this ruling means that the ACA's preventive care services requirement will remain in effect while the case is being appealed.

As the case proceeds through the legal system, it will continue to be closely monitored, and we will provide updates as applicable.

The above information does not constitute advice. Always contact your employee benefits broker or trusted advisor for insurance-related questions.

Contact us today.

Authored By

Holly Wahl

Holly Wahl

EB Compliance Practice Leader

Holly leads Hylant’s ongoing efforts to provide our clients with exceptional compliance consulting services on new developments as well as ongoing requirements affecting health and welfare plans. She has a deep understanding of federal and state regulations pertaining to employee benefit plans, as well as extensive experience in group benefit plan operation.

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