No. 21-379October Term 2021Decided Mar 28, 2022Updated Mar 28, 2022
Texas v. Commissioner of Internal Revenue
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.
Case status
Decided · March 28, 2022
Read the opinion (PDF)- 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
Timing
Decided March 28, 2022
The Court released its decision on March 28, 2022 without hearing oral argument.
Documents
Activity
Docket activity2
Opinion added: Opinion
Mar 28, 2022 | Court records
Brief added: Petition
Sep 3, 2021 | Court records
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Grounding
- Grounding
- Primary-source trail available.
- Note
- Plain-English explainer. Official filings and opinions remain authoritative.
- Checked
- Jul 25, 2026
- Method
- Methodology