Reducing Medically Unnecessary Delays in Care Act of 2025

Enumerated powers · passes

The federal government has authority to set conditions for Medicare coverage under the Spending Clause (Article I, Section 8, Clause 1) and the Necessary and Proper Clause (Article I, Section 8, Clause 18). Medicare is a federal spending program, and this bill merely prescribes criteria for coverage decisions within that program. It does not exceed enumerated powers.

Bill of Rights · passes

The bill does not implicate any of the first ten amendments. It does not restrict speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, takings, trial rights, or cruel and unusual punishment. It is a procedural rule for Medicare administration.

Individual liberty · passes

The bill does not restrict individual liberty. It imposes a requirement on government decision-making, not on individuals. It does not limit what a person can do with their person, property, speech, labor, or belief. The requirement for clinical criteria may actually enhance individual autonomy by ensuring coverage decisions are based on medical evidence rather than arbitrary factors.

Decentralization · passes

The bill operates within the existing Medicare program, which is a federal program. It does not consolidate additional decision-making power; it merely adds a procedural requirement to an existing federal function. The questions: (1) Individuals cannot handle Medicare coverage decisions on their own because Medicare is a federal program; (2) Local communities cannot handle Medicare coverage decisions because Medicare is federal; (3) States cannot handle Medicare coverage decisions because Medicare is federal; (4) The bill does not consolidate upward—it does not change the level of government responsible for coverage decisions. Therefore, it passes the decentralization test.

Due process and takings · passes

The bill enhances procedural due process by requiring that Medicare coverage decisions be based on written clinical criteria developed in consultation with physicians. This provides clearer notice and reasoned decision-making, reducing the risk of arbitrary or capricious coverage denials. It does not involve any taking of property without just compensation.