Legal Alert

Preventive Care Rules Remain in Place for Now

by Edward I. Leeds, Rachel A. Loscheider, and D. Finn Pressly
June 15, 2023

The Fifth Circuit Court of Appeals has stayed the broad application of a district court decision that would have invalidated a number of preventive care requirements under the Affordable Care Act. As a result, health plans, other than those directly involved in the litigation, will continue to be required to cover the full cost of preventive care that has a current A or B recommendation from the United States Preventive Services Task Force. The stay will remain in effect until the Fifth Circuit issues its own ruling on the appeal of the district court’s decision.

Many plans refrained from making changes as a result of the district court decision. The stay order brings a welcome measure of stability to the preventive care rules, pending completion of the appeals process.

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