How politics could drive policy after Supreme Court’s ACA ruling

Modern Healthcare – Monday, June 30, 2025
By Bridget Early

Eyes are on federal regulators in the wake of a Supreme Court case that could alter how politics affect preventive and other services’ coverage requirements.

Industry experts are closely watching to see how HHS Secretary Robert F. Kennedy Jr. might involve himself in a preventive coverage recommendation process that has been the purview of an independent panel of healthcare experts.

In a 6-3 ruling Friday morning, the court in Kennedy v. Braidwood Management upheld requirements for insurers to continue to cover an array of medications, screenings and other services recommended by a panel of independent experts known as the U.S. Preventive Services Task Force.

The industry’s status quo remains the same immediately following ruling, said Alexandra Lucas, a partner with the law firm Reed Smith. The task force’s recommendations stand and insurers must abide by the no-cost coverage requirements set for them. But the Supreme Court also affirmed that members of the independent task force are subordinate to the HHS secretary under the Appointments Clause of the Constitution.

Analysts noted the court’s decision gives the secretary — a political appointee — more sway over the independent, evidence-based recommending body, including giving the secretary the last word on the task force’s preventive services recommendations before they take effect and the ability to remove its members at will.

Lawrence Gostin, co-faculty director of the O’Neill Institute for National and Global Health Law, said Kennedy has considerable power to shape the services the task force recommends.

“[Kennedy’s] criticism surrounding perceived conflicts of interest among scientific advisory committee members and harmful messaging surrounding critical tools like vaccines have raised valid concerns about how he will exercise his authority,” Gostin said in a news release.

The ruling comes weeks after Kennedy dismissed all 17 members that made up the Centers for Disease Control and Prevention’s Advisory Committee on Immunization Practices, or ACIP, one of the main committees advising federal policymakers on vaccine safety and policy.

Greg Fosheim, a partner at law firm McDermott, Will & Emery, said he’s watching carefully to see whether the U.S. Preventive Services Task Force might similarly be reconfigured to more closely align with Secretary Kennedy’s views on preventative care.

“I think we have to review Braidwood through the lens of a much stronger oversight from the government, or a much stronger involvement by the government, than we really anticipated from the party in power being the party of small government,” Fosheim said.

The American Cancer Society Cancer Action Network and other advocacy organizations quickly urged Kennedy to stick to precedent and follow the evidence-based advice of medical experts.

“We urge the Secretary of Health and Human Services to protect patients, uphold science and evidence-based policies, and continue to support coverage and access to no-cost, evidence-based, recommended preventive services,” said Lisa Lacasse, president of the American Cancer Society Cancer Action Network, in a news release.

Fosheim said providers and payers should continue to monitor the task force’s recommendations, paying close attention to any service removals or additions it might make.

“Changing strategies isn’t necessary, but vigilance should be,” Fosheim said.

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