[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10240 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                               H. R. 10240

To provide coverage of crisis response services under certain programs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 3, 2026

   Ms. McClellan (for herself, Ms. Matsui, Mrs. Trahan, Mr. Smith of 
Washington, and Ms. Barragan) introduced the following bill; which was 
 referred to the Committee on Energy and Commerce, and in addition to 
 the Committees on Ways and Means, Armed Services, Veterans' Affairs, 
  Oversight and Government Reform, and Education and Workforce, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
To provide coverage of crisis response services under certain programs.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Behavioral Health Crisis Services 
Expansion Act of 2026''.

SEC. 2. COVERAGE OF CRISIS RESPONSE SERVICES.

    (a) Coverage Under the Medicare Program.--
            (1) In general.--Section 1861(s)(2) of the Social Security 
        Act (42 U.S.C. 1395x(s)(2)) is amended--
                    (A) in subparagraph (JJ), by striking ``and'' at 
                the end;
                    (B) in subparagraph (KK), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(LL) crisis response services as defined in 
                subsection (ooo);''.
            (2) Crisis response services defined.--Section 1861 of the 
        Social Security Act (42 U.S.C. 1395x) is amended by adding at 
        the end the following new subsection:
    ``(ooo) Crisis Response Services.--
            ``(1) In general.--The term `crisis response services' 
        means mental health or substance use services that are 
        furnished by a mobile crisis response team, a crisis receiving 
        and stabilization facility, mental health or substance use 
        urgent care facility, or other appropriate provider, as 
        determined by the Secretary, to an individual, including 
        children and adolescents, experiencing a mental health or 
        substance use crisis.
            ``(2) Crisis receiving and stabilization facility.--For 
        purposes of paragraph (1), the term `crisis receiving and 
        stabilization facility' means a facility that--
                    ``(A) qualifies for licensure or certification as a 
                crisis receiving and stabilization facility, pursuant 
                to State law of the State in which such facility 
                furnishes services;
                    ``(B) provides 23-hour observation and assessment 
                chairs or beds and 48-hour crisis stabilization 
                psychiatric beds inclusive of withdrawal management and 
                24-hour medical monitoring;
                    ``(C) provides mental health or substance use 
                services 24 hours per day, 7 days per week using a 
                sliding scale of payment, and neither rejects service 
                nor limits services on the basis of a patient's ability 
                to pay, place of residence, prior forensic engagement, 
                acuity of mental health or substance use condition, 
                intellectual or developmental disability, age or 
                related factors;
                    ``(D) supports no-wrong-door admission capacity 
                available to law enforcement officers, emergency 
                medical personnel, and family members; and
                    ``(E) maintains an average length of stay of less 
                than 150 hours.
            ``(3) Mental health and substance use urgent care 
        facility.--For purposes of paragraph (1), the term `mental 
        health and substance use urgent care facility' means an 
        ambulatory facility where individuals experiencing a mental or 
        behavioral health crisis may walk in without an appointment to 
        receive crisis assessment services, crisis intervention 
        services, medication, and connection to other appropriate 
        services.''.
            (3) Payment.--
                    (A) In general.--Section 1833(a)(1) of the Social 
                Security Act (42 U.S.C. 1395l(a)(1)) is amended--
                            (i) by striking ``and (HH)'' and inserting 
                        ``(HH)''; and
                            (ii) by inserting before the semicolon at 
                        the end the following: ``and (II) with respect 
                        to crisis response services described in 
                        section 1861(s)(2)(LL), the amounts paid shall 
                        be 80 percent of the lesser of the actual 
                        charge for the service or the amount determined 
                        under the payment basis established under 
                        section 1834(bb)''.
                    (B) Establishment of payment basis.--Section 1834 
                of the Social Security Act (42 U.S.C. 1395m) is amended 
                by adding at the end the following new subsection:
    ``(bb) Payment for Crisis Response Services.--The Secretary shall 
establish a payment basis determined appropriate by the Secretary with 
respect to crisis response services (as defined in section 1861(ooo)) 
furnished by a provider of services or supplier.''.
            (4) Ambulance transport of individuals in crisis.--
                    (A) In general.--Section 1834(l) of the Social 
                Security Act (42 U.S.C. 1395m(l)) is amended by adding 
                at the end the following new paragraph:
            ``(18) Transportation of individuals in crisis.--With 
        respect to ambulance services furnished on or after the date 
        that is 3 years after the date of the enactment of the 
        Behavioral Health Crisis Services Expansion Act, the 
        regulations described in section 1861(s)(7) shall provide 
        coverage under such section for ambulance and other qualified 
        emergency transport services to transport an individual 
        experiencing a mental health or substance crisis to an 
        appropriate facility, such as a community mental health center 
        (as defined in section 1861(ff)(3)(B)) or other facility or 
        provider identified by the Secretary, as appropriate, for 
        crisis response services described in section 
        1861(s)(2)(LL).''.
                    (B) Conforming amendment.--Section 1861(s)(7) of 
                such Act (42 U.S.C. 1395x(s)(7)) is amended by striking 
                ``section 1834(l)(14)'' and inserting ``paragraphs (14) 
                and (18) of section 1834(l)''.
            (5) Effective date.--The amendments made by this subsection 
        shall apply to services furnished on or after the date that is 
        3 years after the date of the enactment of this Act.
    (b) Mandatory Coverage of Crisis Response Services Under the 
Medicaid Program.--Title XIX of the Social Security Act (42 U.S.C. 1396 
et seq.) is amended--
            (1) in section 1902(a)(10)(A), in the matter preceding 
        clause (i), by striking ``and (30)'' and inserting ``(30), and 
        (31)''; and
            (2) in section 1905--
                    (A) in subsection (a)--
                            (i) in paragraph (31), by striking ``; 
                        and'' and inserting a semicolon;
                            (ii) by redesignating paragraph (32) as 
                        paragraph (33); and
                            (iii) by inserting the following paragraph 
                        after paragraph (31):
            ``(32) crisis response services (as defined in section 
        1861(ooo)); and''.
            (3) Presumptive eligibility determination by crisis 
        response service providers.--Section 1902(a)(47)(B) of the 
        Social Security Act (42 U.S.C. 1396a(a)(47)(B)) is amended by 
        inserting ``or provider of crisis response services (as defined 
        in section 1861(ooo))'' after ``any hospital''.
            (4) Effective date.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the amendments made by this section shall take 
                effect on the date that is 3 years after the date of 
                the enactment of this Act.
                    (B) Delay permitted if state legislation 
                required.--In the case of a State plan under title XIX 
                of the Social Security Act (42 U.S.C. 1396 et seq.) 
                which the Secretary of Health and Human Services 
                determines requires State legislation (other than 
                legislation appropriating funds) in order for the plan 
                to meet the additional requirements imposed by the 
                amendments made by this section, the State plan shall 
                not be regarded as failing to comply with the 
                requirements of such title solely on the basis of the 
                failure of the plan to meet such additional 
                requirements before the first day of the first calendar 
                quarter beginning after the close of the first regular 
                session of the State legislature that begins after the 
                date of enactment of this Act. For purposes of the 
                previous sentence, in the case of a State that has a 2-
                year legislative session, each year of such session 
                shall be deemed to be a separate regular session of the 
                State legislature.
    (c) Group Health Plans and Health Insurance Issuers.--
            (1) PHSA.--Part D of title XXVII of the Public Health 
        Service Act (42 U.S.C. 300gg-111 et seq.) is amended by adding 
        at the end the following new section:

``SEC. 2799A-12. REQUIRED COVERAGE OF CRISIS RESPONSE SERVICES.

    ``(a) In General.--A group health plan and a health insurance 
issuer offering group or individual health insurance coverage shall 
provide benefits under such plan or coverage for crisis response 
services (as defined in section 1861(ooo) of the Social Security Act).
    ``(b) Application of Financial Requirements and Treatment 
Limitations.--A group health plan and a health insurance issuer 
offering group or individual health insurance coverage shall ensure 
that, with respect to services for which benefits are required to be 
provided under such plan or coverage under subsection (a)--
            ``(1) the financial requirements applicable to such 
        services are no more restrictive than the predominant financial 
        requirements applied to substantially all medical and surgical 
        benefits covered by the plan or coverage and there are no 
        separate cost-sharing requirements that are applicable only 
        with respect to such services; and
            ``(2) the treatment limitations applicable to such items 
        and services are no more restrictive than the predominant 
        treatment limitations applied to substantially all medical and 
        surgical benefits covered by the plan or coverage and there are 
        no separate treatment limitations that are applicable only with 
        respect to such services.
    ``(c) Definitions.--In this section, the terms `financial 
requirement', `predominant', and `treatment limitation' have the 
meaning given such terms in clauses (i) through (iii), respectively, of 
section 2726(a)(3)(B), except that the term `financial requirement' 
shall include aggregate lifetime limits and annual limits.''.
            (2) ERISA.--
                    (A) In general.--Subpart B of part 7 of subtitle B 
                of title I of the Employee Retirement Income Security 
                Act of 1974 (29 U.S.C. 1185 et seq.) is amended by 
                adding at the end the following new section:

``SEC. 727. REQUIRED COVERAGE OF CRISIS RESPONSE SERVICES.

    ``(a) In General.--A group health plan and a health insurance 
issuer offering group health insurance coverage shall provide benefits 
under such plan or coverage for crisis response services (as defined in 
section 1861(ooo) of the Social Security Act).
    ``(b) Application of Financial Requirements and Treatment 
Limitations.--A group health plan and a health insurance issuer 
offering group health insurance coverage shall ensure that, with 
respect to services for which benefits are required to be provided 
under such plan or coverage under subsection (a)--
            ``(1) the financial requirements applicable to such 
        services are no more restrictive than the predominant financial 
        requirements applied to substantially all medical and surgical 
        benefits covered by the plan or coverage and there are no 
        separate cost-sharing requirements that are applicable only 
        with respect to such services; and
            ``(2) the treatment limitations applicable to such items 
        and services are no more restrictive than the predominant 
        treatment limitations applied to substantially all medical and 
        surgical benefits covered by the plan or coverage and there are 
        no separate treatment limitations that are applicable only with 
        respect to such services.
    ``(c) Definitions.--In this section, the terms `financial 
requirement', `predominant', and `treatment limitation' have the 
meaning given such terms in clauses (i) through (iii), respectively, of 
section 712(a)(3)(B), except that the term `financial requirement' 
shall include aggregate lifetime limits and annual limits.''.
                    (B) Clerical amendment.--The table of contents in 
                section 1 of the Employee Retirement Income Security 
                Act of 1974 (29 U.S.C. 1001 note) is amended by 
                inserting after the item relating to section 726 the 
                following new item:

``Sec. 727. Required coverage of crisis response services.''.
            (3) IRC.--
                    (A) In general.--Subchapter B of chapter 100 of the 
                Internal Revenue Code of 1986 is amended by adding at 
                the end the following new section:

``SEC. 9827. REQUIRED COVERAGE OF CRISIS RESPONSE SERVICES.

    ``(a) In General.--A group health plan shall provide benefits under 
such plan for crisis response services (as defined in section 1861(ooo) 
of the Social Security Act).
    ``(b) Application of Financial Requirements and Treatment 
Limitations.--A group health plan shall ensure that, with respect to 
services for which benefits are required to be provided under such plan 
under subsection (a)--
            ``(1) the financial requirements applicable to such 
        services are no more restrictive than the predominant financial 
        requirements applied to substantially all medical and surgical 
        benefits covered by the plan and there are no separate cost-
        sharing requirements that are applicable only with respect to 
        such services; and
            ``(2) the treatment limitations applicable to such items 
        and services are no more restrictive than the predominant 
        treatment limitations applied to substantially all medical and 
        surgical benefits covered by the plan and there are no separate 
        treatment limitations that are applicable only with respect to 
        such services.
    ``(c) Definitions.--In this section, the terms `financial 
requirement', `predominant', and `treatment limitation' have the 
meaning given such terms in clauses (i) through (iii), respectively, of 
section 9812(a)(3)(B), except that the term `financial requirement' 
shall include aggregate lifetime limits and annual limits.''.
                    (B) Clerical amendment.--The table of sections for 
                subchapter B of chapter 100 of the Internal Revenue 
                Code of 1986 is amended by adding at the end the 
                following new item:

``Sec. 9827. Required coverage of crisis response services.''.
            (4) Effective date.--The amendments made by this subsection 
        shall apply with respect to plan years beginning on or after 
        the date that is 3 years after the date of the enactment of 
        this Act.
    (d) Tricare Coverage.--
            (1) In general.--The Secretary of Defense shall provide 
        coverage under the TRICARE program for crisis response 
        services, as defined in section 1861(ooo) of the Social 
        Security Act (42 U.S.C. 1395x).
            (2) Tricare program defined.--In this section, the term 
        ``TRICARE program'' has the meaning given the term in section 
        1072 of title 10, United States Code.
    (e) Reimbursement for Crisis Response Services for Veterans.--
Section 1725(f)(1) of title 38, United States Code, is amended, in the 
matter preceding subparagraph (A), by inserting ``, including crisis 
response services (as defined in subsection (ooo) of section 1861 of 
the Social Security Act (42 U.S.C. 1395x)),'' after ``services''.
    (f) Coverage Under FEHB.--
            (1) In general.--Section 8902 of title 5, United States 
        Code, is amended by adding at the end the following:
    ``(p) Each contract for a plan under this chapter shall require the 
carrier to provide coverage for crisis response services, as that term 
is defined in subsection (ooo) of section 1861 of the Social Security 
Act (42 U.S.C. 1395x).''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply beginning with respect to the third contract year 
        for chapter 89 of title 5, United States Code, that begins on 
        or after the date that is 3 years after the date of enactment 
        of this Act.
    (g) Coverage Under CHIP.--Section 2103(c)(5) of the Social Security 
Act (42 U.S.C. 1397cc(c)(5)) is amended--
            (1) in subparagraph (A), by striking ``and'' at the end;
            (2) in subparagraph (B), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(C) beginning on the date that is 3 years after 
                the date of the enactment of this subparagraph, crisis 
                response services (as defined in section 1861(ooo)).''.
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