No. 21-379October Term 2021Decided Mar 28, 2022
Texas v. Commissioner of Internal Revenue
For now, the key issue is whether the Court will take up a challenge to preventive-care coverage rules tied to recommendations from outside expert bodies.
Case status
- Current stage
- Decided
- Latest event
- Decision released Mar 28, 2022
- What it's about
This case challenges the Affordable Care Act’s requirement that health plans cover certain preventive services without cost-sharing when those services are recommended by outside medical expert bodies. Texas argues that Congress and federal agencies unconstitutionally let private entities effectively set binding insurance-coverage rules, while the Fifth Circuit held that HHS kept enough control to avoid that problem.
Question presented
1. Whether an agency rule delegating rulemaking authority to a private entity violates the nondelegation doctrine. 2. Whether the statute of limitations applicable to a challenge to an agency rule that delegates rulemaking authority to a private entity starts to run when the agency delegates the authority or when the private entity exercises the delegated authority.
- Case path
United States Court of Appeals for the Fifth Circuit / Decision released Mar 28, 2022
- Area
Administrative Law
Briefing
What it's about
Texas is asking the Supreme Court to review a fight over the Affordable Care Act's preventive-care coverage rule. The state says Congress and federal agencies let outside medical expert bodies effectively set binding insurance-coverage requirements, while the Fifth Circuit said HHS kept enough control to avoid that constitutional problem.
Vote
The case is pending and has not been scheduled for oral argument. Texas argues the rule unlawfully lets private entities shape binding coverage rules, while the Fifth Circuit said HHS kept enough control.
Impact
The dispute could affect whether insurers must cover some preventive services without cost-sharing when outside expert groups recommend them. That matters to patients, employers, insurers, and states that help pay for or regulate health coverage.
What's next
The next sign to watch is whether the Supreme Court schedules oral argument or makes another docket move. No decision window is available yet.
What is the core dispute in Texas v. Commissioner of Internal Revenue?
Texas says federal officials cannot let outside medical expert bodies effectively decide binding insurance-coverage rules. The Fifth Circuit said HHS kept enough control to avoid that problem.
What real-world consequences could this case have for health coverage?
The case could affect no-cost coverage for some preventive services recommended by outside expert groups. Patients, employers, insurers, and state regulators could all feel the impact.
What is the next procedural step to watch in this case?
Watch for the Supreme Court to schedule oral argument or make another docket move. The case has not been set for argument yet.
Decision
What the Court decided
For now, the key issue is whether the Court will take up a challenge to preventive-care coverage rules tied to recommendations from outside expert bodies.
Impact
The dispute could affect whether insurers must cover some preventive services without cost-sharing when outside expert groups recommend them. That matters to patients, employers, insurers, and states that help pay for or regulate health coverage.
Not official Court text.
Opinion documents
Timing
Decided March 28, 2022
The Court released its decision on March 28, 2022 without hearing oral argument.
Documents
Related cases




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 2, 2026
- Method
- Methodology