The Supreme Court ruled Friday that a government task force that determines what preventive health care services insurers must cover at no cost under the Affordable Care Act is constitutional.
The vote was 6-3 with conservative Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissenting.
This is a relief to public health advocates and medical groups who had said cancellation of the United States Preventive Services Task Force and invalidation of its recommendations would be devastating to Americans' health. Roughly 150 million Americans have benefitted from the no-cost provision -- which must underwrite a broad range of treatments from cancer screenings to cholesterol-lowering medications and drugs to prevent the spread of HIV.
A group of Christian-owned businesses challenged the arrangement, alleging that the U.S. Preventive Services Task Force, which operates out of the Department of Health and Human Services, is not legally structured and possesses unchecked power to influence the health care system. Lower federal courts agreed.
The 16-member panel of expert volunteers is appointed by the HHS secretary. Members are removable at-will, but they are not confirmed by the Senate. It is also supposed to operate "independent" of political influence, meaning its recommendations are not directly reviewable.
