Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Centers for Medicare & Medicaid Services relating to Patient Protection and Affordable Care Act; Marketplace Integrity and Affordability.
Summary
This document is a joint resolution (S.J. Res. 84) introduced in the Senate, aiming to disapprove a rule submitted by the Centers for Medicare & Medicaid Services (CMS) related to the Patient Protection and Affordable Care Act (ACA); specifically, the "Marketplace Integrity and Affordability" rule. The resolution invokes the Congressional Review Act (CRA), allowing Congress to overturn certain agency regulations. The rule in question was published in the Federal Register on June 25, 2025.
Expected Effects
If the resolution passes both the Senate and the House and is enacted, the CMS rule concerning "Patient Protection and Affordable Care Act; Marketplace Integrity and Affordability" will have no force or effect. This would mean the policies and regulations outlined in the rule would not be implemented. The practical impact depends on the specifics of the disapproved rule, but it could affect aspects of the ACA marketplaces, such as eligibility verification, enrollment processes, or plan standards.
Potential Benefits
- Potentially prevents unintended negative consequences of the CMS rule on healthcare access or affordability.
- Allows Congress to exert its oversight role in regulatory matters, ensuring agency actions align with legislative intent.
- May lead to a re-evaluation and revision of the rule by CMS, addressing concerns raised by Congress.
- Could preserve existing marketplace structures or policies deemed beneficial.
- Provides an opportunity for public discourse and scrutiny of healthcare regulations.
Potential Disadvantages
- Could disrupt ongoing efforts to improve the ACA marketplaces, potentially leading to instability.
- May prevent implementation of beneficial changes included in the CMS rule.
- Creates uncertainty for insurers and consumers relying on the rule's provisions.
- Could be perceived as political interference in agency rulemaking.
- May lead to legal challenges and further delays in implementing healthcare policies.
Constitutional Alignment
This resolution aligns with the principle of legislative oversight, as granted to Congress in Article I, Section 1 of the Constitution, which vests all legislative powers in the Congress. The Congressional Review Act (5 U.S.C. 802(c)), cited in the document, is a mechanism created by Congress to review and potentially disapprove agency rules, ensuring that the executive branch's regulatory actions are consistent with congressional intent. The resolution itself is an exercise of legislative power to check the power of the executive branch.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).