PREFERRED Screening Act

This bill falls within the enumerated power of Congress to provide for the general welfare and to regulate interstate commerce. Article I, Section 8, Clause 1 grants Congress the power to 'lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States.' The establishment of a payment model for breast cancer risk assessments and personalized plans is a proper exercise of the spending power to promote the general welfare, as it addresses a significant public health concern that affects the productivity and commerce…

This bill exceeds the enumerated powers of Congress as defined in the Constitution. The Tenth Amendment reserves to the States or to the people all powers not delegated to the United States. The regulation of medical payment models for breast cancer risk assessments is not among the powers granted to Congress in Article I, Section 8. The general welfare clause does not authorize such a specific intervention into medical practice, as it must be limited to the enumerated powers. Furthermore, the Ninth Amendment reminds us that the enumeration of certain rights shall not be construed to deny othe…

This bill operates within the federal spending power, which is expressly granted to Congress to lay and collect taxes for the general welfare. The provision of a payment model for comprehensive breast cancer risk assessments and personalized screening plans is a legitimate exercise of that power, as it advances the general welfare through public health. The legislation does not compel any state or individual action but rather establishes a voluntary reimbursement mechanism under existing federal health programs. It is a proper extension of the enumerated power to spend for the common benefit, …

This bill falls within the enumerated power of Congress to regulate commerce among the several states, as established in Gibbons v. Ogden (1824), which held that Congress may regulate all activities that substantially affect interstate commerce. The provision of comprehensive breast cancer risk assessments and personalized screening plans, when furnished by providers across state lines, directly impacts the national healthcare market and the flow of medical services and goods. Furthermore, the bill is a proper exercise of Congress's power under the Necessary and Proper Clause (Article I, Secti…