Monday, May 22, 2023

USPSTF and Courts: Injunction "stayed" for now

 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.

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.