As far back as September 2022, a Texas judge cast doubt on whether Congress could use USPTF preventive care decisions as mandates for coverage. Here. The judge finalized his decision in March 2023, setting up a predictable chain of appelate actions. In brief, he ruled that the volunteer USPSTF panelists are not an appropriate body for making decisions that have the effect of a federal law.
On May 15, 2023, the relevant Appeals Court temporarily blocked the Texas ruling while proceedings continue. See NYT here. An article at Axios provides a number of hotlinks to different rulings.
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In other interesting recent news, a federal court ruled that labs seeking COVID payments under PHE COVID laws don't have a legal right of action, n cases where insurers choose not to pay them. (Holding that Congress must explicitly create a private right of action to enforce a federal law.) I have never seen any comment about whether there is a private right of action for healthcare providers who don't feel they are paid correctly for USPSTF ACA benefits.
