I 

118TH CONGRESS 

2D SESSION H. R. 10266 

To amend title XIX of the Social Security Act to remove the exclusion 

from medical assistance under the Medicaid program of items and services for patients in an institution for mental diseases, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 29, 2024 

Mr. TORRES of New York 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 remove 

the exclusion from medical assistance under the Medicaid 

program of items and services for patients in an institution for mental diseases, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Repealing the IMD 

5 Exclusion Act’’. 


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1 SEC. 2. REMOVAL OF AGE EXCLUSION FROM MEDICAL AS2 SISTANCE OF ITEMS AND SERVICES FOR PA3 TIENTS IN AN INSTITUTION FOR MENTAL DIS4 EASES. 

5 (a) IN GENERAL.—Section 1905(a) of the Social Se6 curity Act (42 U.S.C. 1396d(a)) is amended, in the first 

7 sentence, in the matter following paragraph (31)— 

8 (1) by striking ‘‘such term does not include— 

9 ’’ and all that follows through ‘‘(A) any’’ and insert10 ing ‘‘such term does not include any’’; 

11 (2) by striking ‘‘; or’’ and inserting a period; 

12 and 

13 (3) by striking subparagraph (B). 

14 (b) CONFORMING AMENDMENTS TO PERMIT MED15 ICAL ASSISTANCE FOR IMD PATIENTS UNDER 65 YEARS

16 OF AGE.—Title XIX of the Social Security Act (42 U.S.C. 

17 1396a et seq.) is amended— 

18 (1) in section 1902(a)— 

19 (A) in paragraph (20)— 

20 (i) in the matter preceding subpara21 graph (A), by striking ‘‘65 years of age or 

22 older’’; and 

23 (ii) in subparagraph (C), by striking 

24 ‘‘65 years of age or older’’; and 

25 (B) in paragraph (21) by striking ‘‘65 

26 years of age or older’’; 


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1 (2) in section 1905(a)(14), by striking ‘‘65 

2 years of age or over’’; and 

3 (3) in section 1919(e)(7)(B)(i)(I), by striking 

4 ‘‘65 years of age or older’’. 

5 SEC. 3. REQUIRED STANDARDS FOR IMDS. 

6 Section 1905(i) of the Social Security Act (42 U.S.C. 

7 1396d(i)) is amended to read as follows: 

8 ‘‘(i) INSTITUTION FOR MENTAL DISEASES.—The 

9 term ‘institution for mental diseases’ means a hospital, 

10 nursing facility, or other institution that— 

11 ‘‘(1) is primarily engaged in providing diag12 nosis, treatment, or care of persons with mental dis13 eases, including medical attention, nursing care, and 

14 related services; and 

15 ‘‘(2) meets nationally recognized, evidence16 based standards for mental health programs (and, in 

17 the case of an institution for mental diseases that 

18 provides treatment for substance use disorders, 

19 meets nationally recognized, evidence-based stand20 ards for substance use disorder programs, such as 

21 the latest standards set forth by the American Soci22 ety of Addiction Medicine), approved by the Sec23 retary, including standards that establish the types 

24 of services offered, hours of clinical care, and staffVerDate Sep 11 2014 01:45 Dec 07, 2024 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H10266.IH H10266

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1 ing credentials for such an institution, and any other 

2 standards as the Secretary may require.’’. 

3 SEC. 4. EFFECTIVE DATE. 

4 The amendments made by this Act shall take effect 

5 180 days after the date of enactment of this Act and shall 

6 apply to State plans beginning on such date. 

Æ 


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