Access to Pediatric Technologies Act of 2025

Enumerated powers · passes

Congress has authority under Article I, Section 8, Clause 1 (Spending Clause) to provide for the general welfare and under Article I, Section 8, Clause 3 (Commerce Clause) to regulate interstate commerce. Medicare is a federal spending program, and establishing payment methodologies for medical devices falls within the scope of administering that program. The bill does not exceed these 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, fair trial, jury, cruel and unusual punishment, or unenumerated rights. It merely directs CMS to develop payment methodologies for certain medical devices.

Individual liberty · passes

The bill does not restrict individual liberty. It imposes no mandates on individuals or families; rather, it facilitates access to pediatric technologies by requiring CMS to establish payment methodologies upon request. The burden of compliance falls on manufacturers who voluntarily seek payment methodologies, not on individuals.

Decentralization · raises concerns · severity: minor

The bill fails the decentralization test because it consolidates decision-making at the federal level for payment methodologies that could arguably be handled by states or private insurers. However, Medicare is a federal program, so federal involvement is necessary for Medicare payment. The bill does not directly violate the Tenth Amendment, but it centralizes authority in CMS rather than allowing states or local entities to determine payment methodologies.

Due process and takings · passes

The bill does not deprive any person of life, liberty, or property without due process. It does not involve takings of private property. Manufacturers are not required to participate; they may request a payment methodology, and CMS must base its methodology on available data. There is no arbitrary government action; the process is defined and data-driven.