Ruling could give Kennedy more power over health care coverage

Source: Roll Call

Posted April 22, 2025 at 10:06am


A looming Supreme Court decision could result in Health and Human Services Secretary Robert F. Kennedy Jr. wielding more control over the body that recommends preventive health services insurers must fully cover — a possibility that alarms health advocates.

The Supreme Court heard arguments Monday in Kennedy v. Braidwood Management Inc., a case that will decide the fate of the 2010 health care law’s requirement that insurers cover preventive health services recommended by an independent task force with no cost-sharing to patients. The Trump administration argued the task force is constitutional because the HHS secretary has the power to fire its members and reject its recommendations — a power the secretary has not exercised before.

That could set up a scenario where a secretary rejects recommendations for coverage of health services or drugs like preexposure prophylaxis, or PrEP, which prevents HIV infection. “Under RFK Jr., will we see what is looking more and more like a concerted effort to suppress HIV prevention services?” asked Jeremiah Johnson, executive director of PrEP4All, referring to Kennedy’s potential power over the task force.

The arguments Monday come as the Trump administration appears to be deprioritizing the federal government’s HIV response by terminating grants to organizations that provide care for and research HIV. A leaked draft of the HHS budget “passback” suggests the administration is considering eliminating the “Ending the HIV Epidemic” initiative, which Donald Trump launched during his first term. It is not clear what the administration’s goal is on HIV.

Read more: https://rollcall.com/2025/04/22/ruling-could-give-kennedy-more-power-over-health-care-coverage/