Supreme Court Decision on USPSTF Produces Uncertainty

The Supreme Court recently issued a ruling on a case regarding the constitutionality of the Affordable Care Act’s (ACA’s) preventive services mandate and the U.S. Preventive Services Task Force (USPSTF) appointments. The decision in Kennedy v. Braidwood Management, Inc. yielded mostly positive results: the ruling upheld both the constitutionality of the USPSTF’s current appointments and its preventive services mandate. But it also holds that the Secretary of Health and Human Services (HHS) has the authority to remove USPSTF members at will and reject their recommendations. This latter point is potentially concerning as it could affect the Task Force’s independence. In fact, on July 9 Secretary Kennedy cancelled without explanation the USPSTF’s meeting scheduled for that day. 

ASCP is speaking with partner organizations to discuss several issues with the ruling, including the potential for political influence over the USPSTF recommendation process and interference with the Task Force’s scientific process. Additionally, there is uncertainty regarding the long-term impacts of the ruling on access to preventive services and the recommendations themselves. It should be highlighted, however, that the ruling is a major victory for patient care, as it ensures patient’s continued access to recommended preventive services and affirms USPSTF’s constitutional authority to recommend preventive services that insurers must cover.