Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Centers for Medicare & Medicaid Services relating to "Clarifying the Eligibility of Deferred Action for Childhood Arrivals (DACA) Recipients and Certain Other Noncitizens for a Qualified Health Plan through an Exchange, Advance Payments of the Premium Tax Credit, Cost-Sharing Reductions, and a Basic Health Program".
Latest Action
Referred to the Subcommittee on Health.
Official Summary
Official summary has not been imported yet.
GovScope Watchdog™
AI Government Intelligence™House Joint Resolution 138 (HJRES 138) from the 118th Congress is a congressional disapproval resolution targeting a rule issued by the Centers for Medicare & Medicaid Services (CMS). The rule in question clarifies the eligibility of Deferred Action for Childhood Arrivals (DACA) recipients and certain other noncitizens for enrollment in qualified health plans through health insurance exchanges, as well as their eligibility for advance payments of the premium tax credit, cost-sharing reductions, and participation in a Basic Health Program. The resolution seeks to nullify this CMS rule under the authority of chapter 8 of title 5, United States Code, which governs congressional disapproval of federal regulations. The bill was referred to the House Subcommittee on Health but ultimately failed or expired without further legislative action. No full bill text or official summary is available, limiting detailed analysis.
HJRES 138 aimed to overturn a CMS rule expanding health insurance eligibility for DACA recipients and certain noncitizens but did not advance beyond subcommittee referral and expired without passage.
- The resolution targets a CMS rule clarifying health insurance eligibility for DACA recipients and certain other noncitizens.
- It uses the congressional disapproval mechanism under chapter 8 of title 5, U.S. Code, to nullify the rule.
- The bill was referred to the House Subcommittee on Health on May 17, 2024, but failed or expired without further action.
['Centers for Medicare & Medicaid Services (CMS) as the rulemaking agency', 'Deferred Action for Childhood Arrivals (DACA) recipients and certain other noncitizens potentially eligible for health coverage under the rule', 'Health insurance exchanges and related health program administrators']
['The resolution’s failure to advance may leave the CMS rule in effect, impacting eligibility criteria for health coverage.', 'Use of the congressional disapproval process can raise questions about the balance of regulatory authority between Congress and federal agencies.', 'Lack of detailed legislative text and official summary limits transparency and complicates assessment of implementation challenges or costs.']
HJRES 138 was introduced during the 118th Congress as part of legislative efforts to challenge federal agency rules related to health coverage eligibility for immigrant populations, specifically DACA recipients. The bill’s referral to the Subcommittee on Health aligns with the policy area of health insurance regulation. The resolution did not progress beyond subcommittee referral and ultimately failed or expired, reflecting the procedural hurdles for disapproval resolutions under the Congressional Review Act.
Hidden impact flags detected: 2
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['If the CMS rule remains in effect, DACA recipients and certain noncitizens may have increased access to qualified health plans and related subsidies, potentially affecting health insurance markets and program enrollment.', 'The use of a congressional disapproval resolution may influence future interactions between Congress and federal agencies regarding regulatory authority and oversight.']
The bill lacks an official summary and full text, which limits transparency and public understanding of its provisions and potential impacts. The use of the congressional disapproval process under chapter 8 of title 5 is a significant oversight mechanism but also raises questions about the balance of power between legislative and executive branches in regulating health program eligibility. The bill’s failure to advance beyond subcommittee referral highlights procedural challenges for such resolutions.
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