A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Centers for Medicare & Medicaid Services of the Department of Health and Human Services relating to "Medicare Program; Implementation of Prior Authorization for Select Services for the Wasteful and Inappropriate Services Reduction (WISeR) Model".

Enumerated powers · passes

Congress has the enumerated power to regulate interstate commerce and to provide for the general welfare, which includes the authority to establish and modify Medicare programs. Article I, Section 8, Clause 1 grants Congress the power to 'provide for the common Defence and general Welfare of the United States,' and the Necessary and Proper Clause (Article I, Section 8, Clause 18) allows Congress to enact laws that are necessary and proper for executing its enumerated powers. Disapproving a CMS rule is a direct exercise of Congress's legislative authority to oversee and control the executive branch's implementation of federal programs.

Bill of Rights · passes

The resolution 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, fair trial, jury trial, cruel and unusual punishment, or unenumerated rights. It merely prevents a federal agency from implementing a specific payment model.

Individual liberty · passes

The resolution does not restrict individual liberty. It actually prevents a federal program from imposing prior authorization requirements on Medicare beneficiaries and providers. By nullifying the rule, the resolution preserves the status quo, which is less restrictive than the proposed model. The burden of justification for any restriction is on the government, and here the government is not imposing a restriction; it is removing one.

Decentralization · passes

This resolution does not consolidate power upward; it prevents the federal government from implementing a centralized prior authorization model. The questions are answered as follows: (1) Individuals and families could not handle Medicare payment policy on their own, so federal involvement is necessary. (2) Local communities could not handle Medicare payment policy, so state or federal involvement is necessary. (3) States could not individually handle Medicare payment policy without federal involvement because Medicare is a federal program. (4) The resolution does not consolidate decision-making at a higher level; it actually blocks a federal initiative, thereby preserving the existing decentralized structure of Medicare administration.

Due process and takings · passes

The resolution does not deprive any person of life, liberty, or property without due process of law. It does not take private property for public use without just compensation. It simply disapproves an agency rule, which is a legislative act that does not target specific individuals or property. The Congressional Review Act provides a structured process for such disapproval, ensuring procedural regularity.