S. 5120

119 S5120 IS: Increasing Mental Health Options Act of 2026
 U.S. Senate
 2026-07-23
 text/xml
 EN
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 II  119th CONGRESS  2d Session  S. 5120  IN THE SENATE OF THE UNITED STATES   July 23, 2026   Mr. Heinrich  (for himself and  Mr. Kennedy ) introduced the following bill; which was read twice and referred to the  Committee on Finance    A BILL
To amend title XVIII of the Social Security Act to expand access to psychological and behavioral health services.
1.
Short title
This Act may be cited as the   Increasing Mental Health Options Act of 2026  .
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 2028) 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 each of paragraphs (2) and (4)(C), by inserting  or clinical psychologist  after  physician .
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, 2028.