A provision of the 2010 Affordable Care Act requires health insurers to cover certain “preventive services” to encourage early care that can help avoid more serious and costly health problems later. The case Kennedy v. Braidwood Management, Inc. challenged the constitutionality of this requirement, focusing specifically on the authority of the Preventive Services Task Force—the body responsible for deciding which services insurers must cover. In this edition of 5Qs with Michigan Law, Professor Samuel Bagenstos breaks down the key issues in Kennedy, the Supreme Court’s decision, and Secretary Robert F. Kennedy’s efforts to displace medical and scientific experts from health policy decision-making.
