This Act allows Medicaid to cover treatment in Institutions for Mental Diseases (IMDs) if the state submits a plan to enhance community-based outpatient care and crisis response services.
Salud Carbajal
Representative
CA-24
The Increasing Behavioral Health Treatment Act removes the long-standing Medicaid exclusion for services provided in Institutions for Mental Diseases (IMDs). To qualify for this coverage, states must submit a comprehensive plan detailing how they will increase access to community-based outpatient care and improve crisis response services for these patients. This legislation aims to ensure better coordination of physical and behavioral health care while requiring states to demonstrate policies that support the least restrictive, most clinically appropriate level of treatment.
The Increasing Behavioral Health Treatment Act is taking aim at a decades-old policy roadblock in mental health care. The big news? It essentially strikes down the Medicaid exclusion that generally prevented federal funds from paying for services provided in Institutions for Mental Diseases (IMDs). For years, this exclusion meant states had to shoulder the cost of care for many adults in psychiatric hospitals or residential treatment centers, creating a massive disincentive for states to use these facilities.
This isn't a blank check, though. The bill sets up a major trade: states can now draw down federal Medicaid dollars for IMD care, but only if they submit a detailed plan showing they’ll significantly beef up their community-based behavioral health systems. Think of it as a policy quid pro quo. To get the money, states must commit to increasing access to outpatient care, especially for people leaving an IMD, and dramatically improving their crisis response infrastructure. This means better funding for things like mobile crisis units, crisis call centers, and observation centers. The goal is clear: use federal funding to support the institutional care while simultaneously pushing people toward the least restrictive, community-based care possible.
If you or a family member has struggled to find immediate help during a mental health or substance use crisis, this bill could be a game-changer. The mandate for states to improve crisis response—involving mobile units and better coordination with first responders—is designed to create a smoother, more effective safety net than what exists in many places today. For example, a person experiencing a crisis might be diverted to a specialized observation center instead of waiting in a chaotic emergency room or being arrested.
However, the bill also places significant administrative burdens on states. They must now show they are consistently screening patients admitted to psychiatric hospitals for co-occurring physical health issues and substance use disorders. They also have to start reporting annually to the federal government on everything from total IMD costs and utilization rates to what kind of outpatient care patients receive after discharge. While this data collection is intended to improve outcomes, it means state health departments are facing a steep climb in new compliance and reporting requirements right out of the gate.
One key provision requires state utilization review policies—the rules that determine if a service is covered—to ensure treatment is delivered at the "most clinically appropriate level" and generally in the "least restrictive setting possible." While this sounds great in principle, it introduces a potential complication. For individuals requiring high levels of care, this provision could create friction between providers and Medicaid reviewers trying to push patients out of residential or institutional settings and into outpatient care prematurely. For a facility that deals with complex cases, this means new scrutiny on every admission and discharge, potentially complicating treatment planning if the state is too aggressive in enforcing the "least restrictive" mandate.