H.J.Res. 123 is a proposed resolution that aims to cancel a rule from the Centers for Medicare & Medicaid Services (CMS) related to the Affordable Care Act (ACA). If passed, it would prevent the implementation of changes designed to enhance the integrity and affordability of the ACA Marketplace.
What This Bill Does
H.J.Res. 123 is a resolution introduced in Congress that seeks to nullify a specific rule issued by the Centers for Medicare & Medicaid Services (CMS). This rule, titled "Patient Protection and Affordable Care Act; Marketplace Integrity and Affordability," was published in June 2025. The rule aimed to make changes to how the ACA Marketplace operates, focusing on improving standards, verifying eligibility, and making premiums more affordable.
The resolution uses a legislative tool called the Congressional Review Act (CRA), which allows Congress to overturn agency rules within a certain timeframe. By passing H.J.Res. 123, Congress would effectively cancel the CMS rule, meaning it would have no legal effect. This would stop any changes the rule intended to make to the ACA Marketplace.
The bill does not propose any new laws or changes to the existing ACA statute. Instead, it simply aims to prevent the CMS rule from being enforced. This means that the current standards and procedures for the ACA Marketplace would remain unchanged.
Why It Matters
The resolution could have significant impacts on millions of Americans who rely on the ACA Marketplace for their health insurance. By nullifying the CMS rule, the resolution could affect how affordable and accessible health insurance is for low-income individuals and families who depend on premium tax credits.
For everyday Americans, especially those shopping for health insurance through the ACA Marketplace, this could mean changes in their insurance costs and eligibility. For example, a family of four with a moderate income might see differences in their premium subsidies, which could affect their monthly budget.
The resolution also has implications for health insurers and states that operate ACA Marketplaces. It could alter how they comply with federal standards and manage their insurance offerings, potentially impacting the overall stability and affordability of health insurance plans available to consumers.
Key Facts
- Cost/Budget Impact: No Congressional Budget Office (CBO) score or budget estimates are available for this resolution.
- Timeline for Implementation: If enacted, the resolution would take effect immediately upon the president's signature, nullifying the CMS rule.
- Number of People Affected: Approximately 21 million ACA Marketplace enrollees could be impacted by changes to affordability and eligibility standards.
- Key Dates: The CMS rule was published on June 25, 2025, and the resolution was introduced on September 17, 2025.
- Legislative Process: The resolution is in the early stages, having been referred to the House Committee on Energy and Commerce and the Committee on Ways and Means.
- Historical Context: The Congressional Review Act has been used over 20 times since 1996 to overturn agency rules, with a notable increase during the Trump administration.
- Political Dynamics: The resolution's passage is uncertain due to the divided nature of the 119th Congress and the need for unified support to succeed.
Arguments in Support
- Supporters may argue that the resolution is necessary to prevent overreach by the CMS and to maintain the current ACA Marketplace standards.
- It could be seen as a way to protect consumers from potential increases in insurance costs that might result from the CMS rule.
- Some might believe that the resolution preserves the integrity of the ACA by stopping changes that could disrupt the existing system.
Arguments in Opposition
- Opponents might argue that nullifying the CMS rule could hinder efforts to improve the affordability and accessibility of health insurance for low-income individuals.
- There may be concerns that the resolution could lead to higher uninsured rates if it results in fewer people being able to afford coverage.
- Critics could worry that the resolution undermines efforts to enhance the integrity of the ACA Marketplace, potentially leading to inefficiencies or fraud.
