Supreme Court to Hear Challenge to ACA Coverage Mandate for Preventive Services

Updated draft recommendations for cervical cancer screening, released in December by the U.S. Preventive Services Task Force (USPSTF), are being challenged in the U.S. Supreme Court.

In updated draft recommendations for cervical cancer screening in December 2024, the USPSTF recommended a “Grade A” designation for cervical cytology alone or cotesting, screening with high-risk HPV testing in combination with cytology. Grade A designation means the tests are to be fully covered at no cost to patients under the Affordable Care Act.

On Jan. 10, the Supreme Court agreed to hear a challenge originating from a Fifth Circuit Court of Appeals case (Braidwood Management v. Xavier Becerra) in which the plaintiff expressed religious objections to the coverage mandate. The appeals court’s decision was “a mixed bag,” affirming the plaintiff’s assertion that USPSTF is exercising undue authority without proper appointment in violation of Article II of the U.S. Constitution; reversing a challenge to then Health and Human Services Secretary Becerra’s authority to ratify USPSTF recommendations; and finally remanding for further proceedings the issue of whether the coverage mandate must be upheld.

The American Society for Clinical Pathology, a supporter of the USPSTF draft recommendations, wrote in a March 18 advocacy update that the case may have significant implications for laboratories, as patient uptake of a slew of preventative tests will likely decline if the coverage mandate is not upheld.

The Supreme Court is expected to hear arguments in April and deliver a ruling in late June or July.

Sources:

https://www.uspreventiveservicestaskforce.org/uspstf/draft-recommendation/cervical-cancer-screening-adults-adolescents#bootstrap-panel--7

https://www.ca5.uscourts.gov/opinions/pub/23/23-10326-CV0.pdf

https://www.ascp.org/news/news-details/2025/03/18/supreme-court-ruling-on-coverage-of-preventive-services-could-impact-patients-and-the-laboratory