This joint resolution seeks to disapprove and nullify the recent CMS rule concerning the Patient Protection and Affordable Care Act's Market Integrity and Affordability.
Mark Warner
Senator
VA
This joint resolution seeks to disapprove and nullify a specific rule published by the Centers for Medicare & Medicaid Services concerning the "Patient Protection and Affordable Care Act; Market Integrity and Affordability." If enacted, this measure would prevent the CMS rule from having any legal force or effect.
This joint resolution is a legislative move aimed at hitting the delete button on a specific healthcare regulation. Specifically, it seeks to disapprove, and thus nullify, a rule issued by the Centers for Medicare & Medicaid Services (CMS) titled "Patient Protection and Affordable Care Act; Market Integrity and Affordability." If passed, this CMS rule—which was published in the Federal Register—would have absolutely no force or effect, essentially taking it out of the regulatory playbook.
Think of this joint resolution as Congress using the Congressional Review Act (CRA) to veto a rule created by the executive branch. The CRA is a powerful tool because when Congress disapproves of a rule, it doesn't just stop it; it prevents the agency from issuing a substantially similar rule in the future without specific legislative approval. The core action here is purely procedural: it removes a regulation that was designed to address "Market Integrity and Affordability" within the ACA marketplaces. While the full context of the original CMS rule isn't detailed here, its removal means that whatever specific safeguards, structures, or cost controls it put in place to stabilize the insurance market or protect consumers are now gone.
When a rule focusing on "Market Integrity and Affordability" vanishes, the real-world impact lands squarely on those who buy insurance through the ACA marketplace—which is millions of people, from gig workers to small business employees. If the original CMS rule was designed to prevent insurers from using certain pricing tactics or to ensure a minimum level of plan stability, its nullification creates a vacuum. For example, if that rule restricted how quickly premiums could rise or ensured certain types of coverage remained available, those protections are now off the table. Anyone relying on the stability or affordability measures established by the CMS rule could see market conditions change.
On one hand, this resolution represents Congressional oversight, ensuring that agencies like CMS don't overstep their bounds. If the original rule was genuinely flawed or overly burdensome, scrapping it could be a benefit. On the other hand, the healthcare market is notoriously complex, and removing technical regulations—especially ones aimed at stability—can introduce uncertainty. This action, by using the CRA, bypasses the typical legislative process that might create a replacement rule. It simply removes the existing structure. The risk is that without the specific guardrails the CMS rule provided, the ACA marketplaces could face instability, potentially translating into higher costs or fewer choices for consumers shopping for plans next year. It’s a classic case where the procedural move has immediate and tangible consequences for everyday healthcare access and pricing.