Benefits Litigation

The Supreme Court upheld the ACA preventive care mandate in Kennedy v. Braidwood.

On June 27, 2025, the Supreme Court held 6 to 3 that the ACA requirement to cover Task Force-recommended preventive services at no cost is constitutional.

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The Ruling

What the Court decided.

6 to 3 Decision

The Court held on June 27, 2025 that the Task Force structure is constitutional.

At-Will Removal

The HHS Secretary can remove Task Force members at will and review their recommendations, which the Court relied on.

Coverage Continues

Plans keep covering recommended preventive services with no cost sharing.

What It Means for Employers

Practical effects.

No Plan Changes Required

The ruling keeps the existing requirement in place, so plans do not need to drop preventive services.

Open Questions

Commentators note questions remain about how the Secretary will use the review power.

Watch Recommendation Changes

Future Task Force recommendations can change the covered list.

Confirm With Your Carrier

Ask your carrier how preventive services are being administered.

Common Questions

Quick answers.

Short answers. This is general information, not legal or tax advice.

Does my plan still cover preventive care at no cost?

Yes, the requirement stands for non-grandfathered plans.

Who brought the case?

Private plaintiffs challenged the Task Force structure.

Is this legal advice?

No. Talk to your counsel about your plan.

Sources

Where the rules and figures come from.

Each figure on this page comes from the source below. Amounts are indexed or updated over time, so confirm current figures before relying on them.

KFF on Kennedy v. Braidwood

The Supreme Court upheld ACA preventive services, with open questions.

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29 U.S.C. 1104

ERISA fiduciary duties of prudence and loyalty.

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29 U.S.C. 1106

ERISA prohibited transactions between a plan and parties in interest.

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Let’s Get to Work

Send us your renewal.

We’ll tell you whether it looks competitive, where we see opportunity, and the five questions we’d put to your carrier. No cost, and no obligation to move anything.

What to send

The renewal letter
Your current plan summary
Contribution split by tier
Enrolled counts by tier

Four documents — two more if your group is 50 or more. Nothing else; every extra one is a reason to postpone.

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