[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8355 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 8355
To amend title XI of the Social Security Act to require the Center for
Medicare and Medicaid Innovation to test a model to reduce chronic
diseases by using accountable produce is medicine.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 16, 2026
Mr. Smucker (for himself and Ms. Davids of Kansas) introduced the
following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committee on Ways and Means, 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 amend title XI of the Social Security Act to require the Center for
Medicare and Medicaid Innovation to test a model to reduce chronic
diseases by using accountable produce is medicine.
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 ``Accountable Produce is Medicine Act
of 2026''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) diet-related chronic diseases are a leading driver of
health care costs in the United States;
(2) evidence-based food is medicine interventions,
including medically tailored meals, medically tailored
groceries, produce prescriptions, and nutrition counseling,
have the potential to improve health outcomes and reduce health
care expenditures;
(3) the Center for Medicare and Medicaid Innovation should,
to the extent practicable, incorporate such interventions, as
appropriate, into models tested under section 1115A of the
Social Security Act (42 U.S.C. 1315a); and
(4) incorporating food is medicine interventions into
Innovation Center models may improve quality of care, reduce
costs, and support the prevention and management of chronic
disease.
SEC. 3. REQUIRING THE CENTER FOR MEDICARE AND MEDICAID INNOVATION TO
TEST A MODEL TO IMPROVE OUTCOMES FOR PATIENTS WITH
CHRONIC DISEASES BY USING ACCOUNTABLE PRODUCE IS
MEDICINE.
Section 1115A of the Social Security Act (42 U.S.C. 1315a) is
amended--
(1) in subsection (b)(2)(A), by inserting ``, and,
beginning not later than the date that is 180 days after the
enactment of the Accountable Produce is Medicine Act of 2026,
shall include the Accountable Produce is Medicine Bundled
Payment Model described in subsection (h)'' before the period
at the end; and
(2) by adding at the end the following new subsection:
``(h) Accountable Produce Is Medicine Bundled Payment Model.--
``(1) In general.--For purposes of subsection (b)(2)(A),
the Accountable Produce is Medicine Bundled Payment Model
described in this subsection is a model under which bundled
payment is made under title XVIII, title XIX, or title XXI, as
appropriate, for selected programs to furnish Accountable
Produce is Medicine services to eligible individuals.
``(2) Selection of programs to participate.--
``(A) Selected programs.--The Secretary shall
select to participate in the model described under
paragraph (1) at least 5 eligible programs, each to
participate for a period of not less than 2 years, that
the Secretary determines have the capacity to satisfy
the requirements described in paragraph (3). In this
subsection, each such eligible program so selected
shall be referred to as a `selected program'.
``(B) Priority.--In selecting eligible programs
under subparagraph (A), the Secretary shall give
priority to any such program that furnishes (including
through an arrangement with a provider of services or
supplier or other entity) fresh, frozen, or minimally
processed fruits and vegetables without added sugars,
sodium, or saturated fats (except those occurring
naturally), and other plant-based, nutrient-dense
foods, including nuts, seeds, intact whole grains,
beans, and lentils.
``(3) Minimum program requirements.--Under the model under
paragraph (1), a selected program shall comply with each of the
following requirements:
``(A) Screening.--The selected program shall screen
individuals who are referred to the program by a
physician, hospital, or other health care provider, to
determine whether such individuals are eligible
individuals.
``(B) Accountable produce is medicine services.--In
the case of an individual who is determined by the
selected program under subparagraph (A) to be an
eligible individual, the selected program shall, for
the 1-year period following such determination (subject
to subparagraph (D)), make available (including through
an arrangement with a provider of services or supplier
or other entity) to such individual the following
services (in this subsection referred to as
`Accountable Produce is Medicine services' or `APIM
services'):
``(i) A personalized health risk assessment
and personalized prevention plan services.
``(ii) Care coordination services.
``(iii) Telehealth services related to
chronic disease monitoring, education, and
follow-up.
``(iv) Remote patient monitoring items and
services that are clinically appropriate for
chronic disease monitoring and facilitate a
timely response from a provider in the case
that significant changes in such data are
detected.
``(v) Lifestyle modification programs,
including nutrition counseling provided by a
registered dietician or other qualified
provider, exercise programs, and smoking
cessation counseling.
``(vi) Healthy, nutrient-dense foods
meeting such standards as the Secretary shall
determine, with preference given to produce
grown within 250 miles of the selected program
or through the use of regenerative agriculture.
``(C) Collection of health data; reenrollment
assessment.--In the case of an individual who is
determined by the selected program under subparagraph
(A) to be an eligible individual, the selected program
shall--
``(i) track the APIM services that the
individual has received from the program under
the model;
``(ii) regularly evaluate the individual's
engagement with the program and adherence to
program requirements;
``(iii) on a quarterly basis collect from
such individual updated weight, blood pressure,
and blood glucose measurements, and any other
measurements determined appropriate by the
Secretary; and
``(iv) at the end of the 1-year period
described in subparagraph (B)--
``(I) evaluate the measurements
collected under clause (iii);
``(II) submit to the Secretary such
data as the Secretary determines
necessary for purposes of evaluating
the health care cost savings achieved
for such individual during such period;
and
``(III) provide for an additional
determination under subparagraph (A) as
to whether such individual remains an
eligible individual.
``(D) Disenrollment.--In the case of an individual
who is determined by the selected program under
subparagraph (A) to be an eligible individual, if the
selected program determines (in accordance with
standards established by the Secretary) before the end
of the 1-year period described in subparagraph (B) that
such individual is not adequately engaging with the
program or is not adhering to program requirements, the
selected program shall terminate the individual's
participation in the program and may not furnish any
additional APIM services to such individual under the
model.
``(4) Payment.--
``(A) In general.--The Secretary shall determine
the form, manner, and amount of bundled payment to be
provided to selected programs under the model under
paragraph (1) and, beginning in the third year in which
such model is carried out, may require that selected
programs assume financial risk for performance under
the model.
``(B) Cost sharing.--APIM services furnished by a
selected program to an eligible individual shall be
provided without application of deductibles,
copayments, coinsurance, or other cost-sharing under
the applicable title.
``(5) Duration.--The model described in paragraph (1) shall
be carried out for a period of not less than 5 years.
``(6) Definitions.--In this subsection:
``(A) Eligible individual.--The term `eligible
individual' means an individual--
``(i) who is--
``(I) entitled to benefits under
part A of title XVIII or enrolled under
part B of such title;
``(II) enrolled under a State plan
(or waiver of such plan) under title
XIX; or
``(III) enrolled under a State
child health plan (or waiver of such
plan) under title XXI;
``(ii) who resides in a medically
underserved area (as designated pursuant to
section 330(b)(3)(A) of the Public Health
Service Act), a rural area (as defined in
section 1886(d)(2)(D)), a health professional
shortage area described in section 332(a)(1)(A)
of the Public Health Service Act, or another
area determined appropriate by the Secretary;
``(iii) who has diabetes, obesity,
cardiovascular disease, hypertension,
malnutrition, or any other disease or chronic
condition that the Secretary determines
appropriate;
``(iv) in the clinical judgment of a
physician or other health care professional,
who would benefit from participation in the
model;
``(v) who the eligible program determines
to be prepared to participate in the model; and
``(vi) who is not already receiving items
or services that the Secretary determines are
substantially similar (and duplicative in
purpose and clinical function) to the APIM
services described in clause (v) of paragraph
(3)(B).
``(B) Eligible program.--The term `eligible
program' means a provider of services or supplier
enrolled in the program under title XVIII, title XIX,
or title XXI.
``(C) Regenerative agriculture.--The term
`regenerative agriculture' means a conservation
management approach that emphasizes natural resources
through improved soil health, water management, and
natural vitality.''.
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