[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10270 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 10270
To amend title XIX of the Social Security Act to revise the IMD
exclusion under Medicaid.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 3, 2026
Mr. Goldman of New York (for himself, Ms. Matsui, Mrs. Trahan, Mr.
Smith of Washington, Ms. McClellan, and Ms. Barragan) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To amend title XIX of the Social Security Act to revise the IMD
exclusion under Medicaid.
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 ``Supporting 9-8-8 Crisis
Stabilization Act''.
SEC. 2. REVISIONS TO THE IMD EXCLUSION UNDER MEDICAID.
(a) In General.--Section 1905 of the Social Security Act (42 U.S.C.
1396d) is amended--
(1) in subsection (i)--
(A) by striking ``The term'' and inserting the
following: ``(1) Subject to paragraph (2), the term'';
and
(B) by adding at the end the following new
paragraph:
``(2) Beginning the day after the date of the enactment of
this paragraph, the term `institution for mental diseases' does
not include--
``(A) a clinic certified by the State as a
certified community behavioral health clinic for
purposes of participating in a demonstration program
conducted under section 223(d) of the Protecting Access
to Medicare Act of 2014;
``(B) a community mental health center that meets
the criteria specified in section 1913(c) of the Public
Health Service Act;
``(C) a crisis receiving and stabilization facility
(as defined in subsection (ll)(1)); or
``(D) a mental health and substance use urgent care
facility (as defined in subsection (ll)(2)).''; and
(2) by adding at the end the following new subsection:
``(ll) Crisis Receiving and Stabilization Facility; Mental Health
and Substance Use Urgent Care Facility.--
``(1) Crisis receiving and stabilization facility.--For
purposes of subsection (i)(2), the term `crisis receiving and
stabilization facility' means a facility that--
``(A) is licensed or certified to furnish crisis
response services under applicable State law;
``(B) is available to provide services 24 hours a
day and 7 days a week;
``(C) provides patients with, at a minimum, 23
hours of observation and assessment services, followed
by 48 hours of crisis stabilization services (including
withdrawal management and 24-hour medical monitoring);
``(D) does not deny or limit services on the basis
of a patient's ability to pay, place of residence,
prior engagement with the criminal justice system,
acuity of mental health or substance use condition,
intellectual or developmental disability, age, or
related factors;
``(E) applies a schedule of discounts to the
payment of fees or charges for the provision of its
services, which are adjusted on the basis of the
patient's ability to pay;
``(F) accepts patient referrals from law
enforcement officers, emergency medical personnel, and
family members; and
``(G) maintains an average length of stay of less
than 150 hours.
``(2) Mental health and substance use urgent care
facility.--For purposes of subsection (i)(2), the term `mental
health and substance use urgent care facility' means a 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.''.
(b) Guidance.--Not later than 180 days after the date of enactment
of this section, the Secretary of Health and Human Services shall issue
guidance to States relating to the implementation of the amendments
made by subsection (a).
(c) Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this section, the Secretary, in collaboration
with the Attorney General and any other relevant Federal
officials (as determined by the Secretary), shall submit to
Congress a report that includes the following:
(A) Information with respect to the utilization of
crisis receiving and stabilization facilities during
the period following such date of enactment,
including--
(i) the number of patients served;
(ii) the type and duration of facility-
based services;
(iii) the number of referrals to community-
based outpatient care;
(iv) any trends observed in referrals made
by law enforcement agencies to such facilities;
and
(v) any other data relevant to assessing
the ability for these facilities to divert
mental health and substance use disorder
emergencies from law enforcement response.
(B) An analysis of the extent to which access to
crisis receiving and stabilization facilities is
associated with--
(i) reduced admissions to hospital
emergency rooms;
(ii) adverted admissions and readmissions
to psychiatric hospitals and other facilities
defined as Institutions for Mental Diseases;
and
(iii) decreased rates of incarceration in
penal facilities operated by a State or county.
(2) Crisis receiving and stabilization facility defined.--
In this subsection, the term ``crisis receiving and
stabilization facility'' has the meaning given such term in
subsection (ll) of section 1905 of the Social Security Act (42
U.S.C. 1396d).
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