Hello Rapid Response Subscriber,

Welcome to the latest Rapid Response Update! As part of our continued effort to keep you in the loop, you’ll be getting an email update from us covering emerging issues as they arise - rather than on a set cadence. This change will ensure you stay informed, without filling your inbox with unnecessary e-mails.

Visit the Emerging Policy Response Center

Supreme Court Decision in Kennedy v. Braidwood Management, Inc.

What’s Happening/Happened:

The Supreme Court ruled that the preventative services mandates under the Affordable Care Act (ACA) is constitutional. 

Why It Matters:

Lower courts had ruled the preventative services mandate was unconstitutional, potentially upending no-cost coverage for patients receiving dozens of required preventative services under health insurers in the United States.  

Under the Supreme Court's ruling private health insurers must continue to cover preventive health services as established by the United States Preventive Services Taskforce (USPSTF), with no out-of-pocket expense to patients.  

The ruling also makes clear, however, that the HHS Secretary can remove members of the USPSTF at will and block implementation of their recommendations indefinitely. This could significantly shape any future - or revision of current - USPSTF recommendations.  

See this brief memo for more detail. 

What’s Next & AdvaMed Action:

AdvaMed will continue monitoring USPSTF activity and update its members as appropriate. We are also hosting a webinar, in partnership with Reed Smith, to further discuss the potential implications for the medtech industry. Look for more information on that webinar soon.