H.J. Res. 123 (119th)Bill Overview

Disapprove CMS Patient Protection and Affordable Care Act; Marketplace…

CRA DisapprovalHealth|Administrative law and regulatory proceduresBorder security and unlawful immigration
Cosponsors
Support
Democratic
Introduced
Sep 17, 2025
Discussions
Bill Text
Current stageCommittee

Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for c…

Introduced
Committee
Floor
President
Law
Congressional Activities
01 · The brief
CRA DisapprovalWhat this resolution actually does

This resolution uses the Congressional Review Act to disapprove a federal rule submitted by an agency. If both chambers of Congress approve the joint resolution and the President signs it, the rule is nullified and cannot take effect. The law also prevents the agency from issuing a new rule that is substantially the same without a new law from Congress. As a CRA joint resolution, it is handled under expedited consideration rules in Congress.

Rule targeted

Patient Protection and Affordable Care Act; Marketplace Integrity and Affordability (90 Fed. Reg. 27074; June 25, 2025).

Issuing agency

Centers for Medicare & Medicaid Services (CMS)

Passage rules

Under the CRA, disapproval resolutions are considered under expedited procedures in the Senate that prevent filibusters and require only a simple majority to pass. After passage by both chambers, the joint resolution is presented to the President for signature or veto.

This joint resolution, filed under the Congressional Review Act (chapter 8 of title 5, U.S. Code), declares that the Centers for Medicare & Medicaid Services rule titled “Patient Protection and Affordable Care Act; Marketplace Integrity and Affordability” (90 Fed.

Reg. 27074 (June 25, 2025)) is disapproved and "shall have no force or effect." The text is a one-clause resolution that nullifies the specified CMS rule.

Under the Congressional Review Act framework, a successful disapproval resolution also generally prevents the agency from issuing a new rule in substantially the same form without subsequent statutory authorization.

Passage30/100

On content alone, the resolution is procedurally straightforward and narrow, which helps its prospects compared with complex omnibus legislation. But it is aimed at a politically sensitive ACA-related rule and contains no compromise features; historically, attempts to overturn major health rules encounter strong opposition, and the ultimate outcome depends on whether both chambers will vote to disapprove and whether the executive branch will accept the change or veto it. Those political uncertainties reduce the bill's standalone likelihood of becoming law.

CredibilityAligned

Relative to its intended legislative type, this bill is a concise Congressional Review Act-style disapproval resolution that accomplishes the core legal function—identifying the agency rule and declaring it to have no force or effect—but provides minimal explanatory, fiscal, or procedural detail beyond that core action.

Contention75/100

Whether the agency rule strengthened affordability and consumer protections (liberal view) or represented administrative overreach and added burdens (conservative view) — outcome unknown because the rule text is not provided.

02 · What it does

Who stands to gain, and who may push back.

Likely benefits vs burdens50% / 50%
Federal agenciesFederal agencies · Consumers

These are examples from the analysis, not a ranked list of the most-affected groups.

Likely helped
  • Federal agenciesRemoves a new federal regulatory requirement that insurers, marketplace plans, or state exchange administrators would h…
  • Federal agenciesPreserves existing state flexibility by preventing a federal rule from imposing uniform procedural or eligibility chang…
  • Potential benefitAvoids potential short-term implementation costs to CMS and to beneficiaries (such as IT changes, outreach, or verifica…
Likely burdened
  • Federal agenciesMaintains the status quo and could leave in place gaps the CMS rule intended to address (for example, measures to stren…
  • Federal agenciesUndermines the agency's ability to update marketplace oversight and implement health care program improvements, setting…
  • ConsumersCould negatively affect consumer protections or marketplace integrity that the rule sought to enhance, which in turn ma…
03 · Why people split

Why the argument around this bill splits.

Whether the agency rule strengthened affordability and consumer protections (liberal view) or represented administrative overreach and added burdens (conservative view) — outcome unknown because the rule text is not pro…
Progressive20%

A mainstream liberal would likely view this resolution with concern because it seeks to overturn an administrative rule tied to the Affordable Care Act and marketplace operations.

Without seeing the CMS rule text in this prompt, the liberal position would default to opposing congressional disapproval of an ACA-related rule unless clear evidence showed the rule would harm consumers.

They would emphasize that CMS rules generally implement access, affordability, and consumer protections in health insurance markets and would be wary of using the CRA to remove such protections.

Likely resistant
Centrist50%

A pragmatic centrist would treat this resolution as a significant use of the Congressional Review Act that deserves deliberation.

Because the bill text only nullifies the rule without describing its substance, a centrist would withhold firm judgment and focus on process: seeking agency justification, regulatory impact analyses, and potential unintended consequences for insurance markets.

They would be open to disapproval if the rule clearly overstepped statutory authority or harmed affordability, but would worry about market disruption and prefer negotiated legislative solutions where feasible.

Split reaction
Conservative80%

A mainstream conservative would generally view a CRA resolution disapproving a CMS rule about the ACA marketplaces favorably, seeing it as a check on executive-branch rulemaking and an opportunity to stop what they may characterize as administrative expansion of the ACA.

Conservatives often prefer legislative (not administrative) changes to major entitlement and marketplace policies, and would likely support nullifying a rule they believe increases federal intervention, expands subsidies without authorization, or imposes regulatory burdens on insurers.

Because the specific rule text is not provided, conservatives would still cite oversight and limits on agency authority as central rationales.

Leans supportive
04 · Can it pass?

The path through Congress.

Introduced

Reached or meaningfully advanced

Committee

Reached or meaningfully advanced

Floor

Still ahead

President

Still ahead

Law

Still ahead

Passage likelihood30/100

On content alone, the resolution is procedurally straightforward and narrow, which helps its prospects compared with complex omnibus legislation. But it is aimed at a politically sensitive ACA-related rule and contains no compromise features; historically, attempts to overturn major health rules encounter strong opposition, and the ultimate outcome depends on whether both chambers will vote to disapprove and whether the executive branch will accept the change or veto it. Those political uncertainties reduce the bill's standalone likelihood of becoming law.

Scope and complexity
24%
Scopenarrow
24%
Complexitylow
Why this could stall
  • The text does not include a cost or regulatory impact analysis; the magnitude of downstream fiscal or market effects from nullifying the rule is unknown from the bill alone.
  • Whether a majority in each chamber supports disapproval is an external political fact not contained in the bill text; CRA measures historically succeed or fail depending on chamber-level majorities and coalition dynamics.
05 · Recent votes

Recent votes on the bill.

No vote history yet

The bill has not accumulated any surfaced votes yet.

06 · Go deeper

Go deeper than the headline read.

Included on this page

Whether the agency rule strengthened affordability and consumer protections (liberal view) or represented administrative overreach and adde…

On content alone, the resolution is procedurally straightforward and narrow, which helps its prospects compared with complex omnibus legisl…

Unlocked analysis

Relative to its intended legislative type, this bill is a concise Congressional Review Act-style disapproval resolution that accomplishes the core legal function—identifying the agency rule and declaring it to have no f…

Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.

Perspective breakdownsPassage barriersLegislative design reviewStakeholder impact map
Open full analysis