Fifth Circuit Court Of Appeal Stays Decision Of Texas District Court That Invalidated The Requirement That Health Plans Cover Certain Preventive Services

We previously reported that a District Court in Texas had found the ACA’s requirement that plans provide certain preventive services on a first-dollar basis without cost-sharing was unconstitutional.  See our Blog on this decision here.

The government appealed the decision to the Fifth Circuit Court of Appeals and asked that the lower court decision be stayed until the appeal was decided. On Monday, May 15, 2023, the appeal court granted the request for a stay.  This means that all the preventive care requirements in the ACA will remain in place for the time being.  Employers that were planning to drop coverage for those services should put those plans on hold while the appeal process plays out.