After several years, the Kennedy v. Braidwood Management, Inc. (Braidwood) litigation is over. Braidwood began in federal district court for the Northern District of Texas in 2022 and challenged the constitutionality of the preventive services mandate under the Affordable Care Act (ACA).
On June 27, 2025, the Supreme Court of the United States (SCOTUS) ruled that the U.S. Department of Health and Human Services has the authority to delegate the determination of certain required preventive services under the ACA to the U.S. Preventive Services Task Force. This is a status quo verdict, meaning the ACA’s preventive services mandate remains in effect as if the Braidwood litigation never occurred.
This alert will summarize the issues involved in the Braidwood case, the SCOTUS decision, and its impact on employer group health plans. This alert is relevant for all employers with non-grandfathered group health plans for ACA purposes.
