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No. 21-379October Term 2021Decided Mar 28, 2022Updated Mar 28, 2022

Docket 21-379October Term 2021 (2021–2022)

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
Case Accepted
Arguments
Decision ReleasedMar 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.

Activity

Docket activity2
  • Opinion added: Opinion

    Mar 28, 2022 | Court records

  • Brief added: Petition

    Sep 3, 2021 | Court records

Grounding

Grounding
Primary-source trail available.
Note
Plain-English explainer. Official filings and opinions remain authoritative.
Checked
Jul 25, 2026
Primary materials5