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Judge Strikes Down ACA’s Preventive Care Requirement

A Fort Worth federal judge yesterday ruled that insurers cannot be compelled under the Affordable Care Act to provide preventative care free of charge to insureds. The basis of the ruling involves the U.S. Preventive Services Task Force, which is the body tasked with enforcing the ACA. The judge determined that the Task Force is unlawful because the members are not appointed by the President or confirmed by the Senate.

Julia Forrest, writing for the The Texas Tribune:

O’Connor found that preventive care recommendations issued by the panel do not have to be followed because he found their volunteer members, who are 16 medical professionals and scientists charged with issuing the recommendations, do not have to be appointed by the president nor confirmed to their posts by the Senate.