On March 30, 2023, the District Court for the Northern District of Texas issued an opinion and order in Braidwood Mgmt. Inc. v. Becerra that vacates the implementation and enforcement of certain preventive service provisions required by the Affordable Care Act (“ACA”) (“March 2023 Opinion”). Judge O’Connor previously found in Braidwood , among other things, that the United States Preventive Services Task Force (“USPSTF”) experts’ appointments-referenced in the ACA’s preventive services rule-violated the Constitution’s Appointments Clause. (” September 2022 Opinion “). But the court did not rule on the appropriate remedy for that violation in September, instead the court […]
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