The American College of Radiology® (ACR®) commends the U.S. Supreme Court’s June 27 ruling affirming the constitutionality of the structure and appointment process of the U.S. Preventive Services Task Force (USPSTF) in the Kennedy vs Braidwood Management case. Under the Affordable Care Act, most commercial insurance plans are required to cover preventative services that receive an A or B grade from the USPSTF with no cost sharing to the patient.
“This Supreme Court decision is a positive step sought by both Republican and Democrat administrations,” said Dana H. Smetherman, MD, MPH, MBA, FACR, ACR CEO. “It protects full insurance coverage - with no copay - of many cancer screening exams and other preventive care. The ACR applauds the decision and will continue to promote policies that support greater access to lifesaving care.”
The question before the Supreme Court centered on the constitutionality of the USPSTF, which was defended by both the Trump and Biden administrations. The plaintiffs asserted that the USPSTF is unconstitutional because task force members are not appointed by the president and confirmed by the U.S. Senate.
The Supreme Court’s 6-3 decision determined that the USPSTF is constitutional because the secretary of the U.S. Department of Health and Human Services may remove members at will and may decide when insurers must cover USPSTF recommendations. The Court’s decision reverses an appeals court decision. Ultimately, the secretary of HHS may decide whether to accept the USPSTF recommendations on preventative services such as cancer screenings.
If you have questions, contact Katie Keysor, ACR Senior Director, Economic Policy.
