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May 19, 2023

Fifth Circuit Stays the Decision Overturning the ACA's Preventive Care Coverage Requirement

On May 15, 2023, the U.S. Court of Appeals for the Fifth Circuit granted an administrative stay of the decision from the U.S. District Court for the Northern District of Texas decision in Braidwood Management Inc v. Becerra. The District Court’s March 2023 decision held that nationwide insurance plans do not have to comply with the ACA's mandate requiring coverage of medical treatments and screenings recommended by the U.S. Preventive Services Task Force without cost sharing when delivered in-network.   The stay does not apply to the plaintiffs. The Fifth Circuit has not scheduled oral argument in the case.  

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