Supreme Court Preserves Free Preventive Health Care in Kennedy v. Braidwood Management
On June 27, 2025, the U.S. Supreme Court issued a landmark decision in Kennedy v. Braidwood Management, Inc., upholding a critical part of the Affordable Care Act (ACA) that requires insurers to cover preventive health services at no cost to patients. In a 6–3 opinion authored by Justice Brett Kavanaugh, the Court affirmed that the U.S. Preventive Services Task Force (USPSTF) can continue to make binding recommendations—keeping cancer screenings, HIV prevention medications like PrEP, and other vital services fully covered.
For LGBTQ+ Nebraskans and others who rely on preventive care, this ruling means continued protection from unexpected health costs and barriers to access. As a Nebraska-based LGBTQ+ attorney, I pay close attention to rulings like this one—not just because of what they say about the law, but because of how they directly affect the lives of my clients and community.
What the Case Was About: The ACA, PrEP, and the Constitution
The plaintiffs in Kennedy v. Braidwood challenged the ACA provision that requires private insurance plans to cover services recommended by the USPSTF. Their argument? That the Task Force’s structure was unconstitutional because its members weren’t appointed by the President or confirmed by the Senate. They claimed that this violated the Appointments Clause, and that insurers shouldn’t be forced to follow the group’s recommendations.
At risk was access to dozens of preventive services, including PrEP—a once-daily pill that drastically reduces the risk of contracting HIV. Had the Court sided with the plaintiffs, insurers could have stopped covering these services or started requiring patients to pay out-of-pocket. This would have especially harmed LGBTQ+ individuals, people living with chronic conditions, and communities that already face systemic barriers in health care.
What the Supreme Court Said: The USPSTF Stays—and So Does Coverage
In siding with the government, the Court clarified that USPSTF members are “inferior officers” who can legally be appointed by the Secretary of Health and Human Services (HHS)—currently Robert F. Kennedy Jr., who took office in early 2025. Because the Secretary supervises, directs, and can remove Task Force members, the Court found no constitutional problem with the ACA’s structure.
That means the ACA requirement still stands: insurers must continue to cover all USPSTF-recommended services graded “A” or “B” after March 2010 at no cost to patients. For Nebraskans, that includes services like STI screenings, depression checks, mammograms, statins, and PrEP. The ruling ensures these protections remain intact—at least for now.
What This Means for the LGBTQ+ Community in Nebraska
This isn’t just a technical legal decision. For LGBTQ+ folks in Nebraska and across the country, preventive health care has always come with hurdles—whether it’s affordability, discrimination, or outright denial of services. PrEP has been a game-changer in HIV prevention, but its impact only matters if people can afford it. Keeping this coverage free removes one major barrier.
At Zachary W. Anderson Law, I work with LGBTQ+ individuals and families navigating everything from health care rights and insurance access to estate planning and family law. I’ve seen firsthand how structural barriers in health care affect our community—and why fighting to keep services like PrEP accessible isn’t abstract. It’s personal.
What Comes Next: More Power for HHS, and More Eyes on Oversight
The decision also clarified that the HHS Secretary has full authority to review or block USPSTF recommendations. That gives more power to federal leadership, and while it strengthens accountability, it also raises concerns about political influence. Some public health experts warn that increased oversight might erode the scientific independence of the Task Force down the line.
That’s something we’ll need to monitor closely—especially when it comes to sensitive services that disproportionately affect LGBTQ+ people and other marginalized groups.
Need Legal Help with LGBTQ+ Rights, Health Care, or Insurance Issues?
If you have questions about your insurance coverage, have been denied care, or need help asserting your rights as a patient, I’m here for you. My practice is proudly focused on supporting LGBTQ+ Nebraskans through legal advocacy rooted in empathy, strength, and clarity.
Whether you need guidance on health care protections, estate planning, or legal support for your family, reach out to Zachary W. Anderson Law to schedule a consultation.