Increasing Mental Health Options Act of 2026

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9990 Introduced in House (IH)]

<DOC>

119th CONGRESS
  2d Session
                                H. R. 9990

  To amend title XVIII of the Social Security Act to expand access to
                 psychological and behavioral services.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 2026

Ms. Malliotakis (for herself, Ms. Chu, Mr. Pfluger, and Ms. Schakowsky)
 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 XVIII of the Social Security Act to expand access to
                 psychological and behavioral services.

    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 ``Increasing Mental Health Options Act
of 2026''.

SEC. 2. EXPANDING ELIGIBILITY FOR INCENTIVES TO PRACTICE IN RURAL AND
              UNDERSERVED AREAS.

    Section 1833(m) of the Social Security Act (42 U.S.C. 1395l(m)) is
amended--
            (1) in paragraph (1)--
                    (A) by inserting ``(A)'' before ``In the case'';
                and
                    (B) by adding at the end the following new
                subparagraph:
    ``(B) In the case of services furnished by a clinical psychologist
(as defined by the Secretary for purposes of section 1861(ii)) in a
year (beginning with 2026) to an individual, who is covered under the
insurance program established by this part and who incurs expenses for
such services, in an area that is designated (under section
332(a)(1)(A) of the Public Health Service Act) as a health professional
shortage area as identified by the Secretary prior to the beginning of
such year, in addition to the amount otherwise paid under this part,
there also shall be paid to the clinical psychologist (or to an
employer or facility in the cases described in clause (A) of section
1842(b)(6)) (on a monthly or quarterly basis) from the Federal
Supplementary Medical Insurance Trust Fund an amount equal to 10
percent of the payment amount for the service under this part.''; and
            (2) in paragraph (2), by inserting ``or clinical
        psychologist'' after ``physician''.

SEC. 3. ELIMINATING UNNECESSARY OVERSIGHT AND APPROVAL REQUIREMENTS FOR
              BEHAVIORAL HEALTH SERVICES PROVIDED BY CLINICAL
              PSYCHOLOGISTS.

    (a) Comprehensive Outpatient Rehabilitation Facilities.--Section
1835(a)(2)(E)(iii) of the Social Security Act (42 U.S.C.
1395n(a)(2)(E)(iii)) is amended by inserting ``, except that an
individual receiving qualified psychologist services as described in
section 1861(ii) may be under the care of a clinical psychologist with
respect to such services to the extent authorized under State law''
before the semicolon.
    (b) Skilled Nursing Facilities.--Section 1819(b) of such Act (42
U.S.C. 1395i-3(b)) is amended--
            (1) in paragraph (5)(G), by inserting ``clinical
        psychologist,'' after ``nurse practitioner,''; and
            (2) in paragraph (6)(A), by inserting ``, except that a
        resident receiving qualified psychologist services as described
        in section 1861(ii) may be under the supervision of a clinical
        psychologist with respect to such services to the extent
        authorized under State law'' before the semicolon.
    (c) Partial Hospitalization Services.--
            (1) Section 1835(a)(2)(F)(iii) of the Social Security Act
        (42 U.S.C. 1395n(a)(2)(F)(iii)) is amended by inserting ``,
        except that an individual receiving qualified psychologist
        services as described in section 1861(ii) may be under the care
        of a clinical psychologist with respect to such services to the
        extent authorized under State law'' before the period.
            (2) Section 1861(ff)(1) of such Act (42 U.S.C.
        1395x(ff)(1)) is amended by inserting ``(or, in the case of
        qualified psychologist services, under the supervision of a
        clinical psychologist to the extent authorized under State
        law)'' after ``under the supervision of a physician''.
    (d) Home Health Services.--
            (1) Section 1861(m) of such Act (42 U.S.C. 1395x(m)) is
        amended--
                    (A) in paragraph (6), by striking ``and'' at the
                end;
                    (B) in paragraph (7), by inserting ``and'' after
                the semicolon; and
                    (C) by inserting after paragraph (7) the following
                new paragraph:
            ``(8) an individual receiving qualified psychologist
        services may be under the care of a clinical psychologist with
        respect to such services to the extent authorized under State
        law;''.
            (2) Section 1891(a)(3)(F) of such Act (42 U.S.C.
        1395bbb(a)(3)(F)) is amended by inserting ``clinical
        psychologist,'' after ``physician,''.
    (e) Inpatient Psychiatric Hospital Services.--Section 1814(a)(2)(A)
of such Act (42 U.S.C. 1395f(a)(2)(A)) is amended by inserting ``(or,
in the case of qualified psychologist services, under the supervision
of a clinical psychologist to the extent authorized under State law)''
after ``under the supervision of a physician''.
    (f) Rule of Construction.--In accordance with section 410.71(e) of
title 42, Code of Federal Regulations (or any successor regulation),
nothing in the provisions of, and amendments made by, this section
shall be construed as changing or eliminating existing requirements
regarding clinical consultation by clinical psychologists with a
beneficiary's physician, in accordance with accepted professional
ethical norms and taking into consideration patient confidentiality.
    (g) Effective Date.--The amendments made by this section shall
apply to services furnished on or after January 1, 2027.
                                 <all>