This bill removes the age restriction to allow Medicaid coverage for eligible individuals of any age receiving care in an Institution for Mental Diseases (IMD), provided the IMD meets new federal standards.
Ritchie Torres
Representative
NY-15
This bill, the "Repealing the IMD Exclusion Act," removes the existing age restriction that prevents Medicaid from covering mental health services for eligible individuals under age 65 in Institutions for Mental Diseases (IMDs). It allows states to provide this coverage to all eligible ages, provided the IMD meets new federal standards for quality of care and staffing. These changes will take effect 180 days after enactment.
This legislation, titled the “Repealing the IMD Exclusion Act,” targets one of the longest-standing restrictions in federal healthcare policy: the ban on using Medicaid funds to cover care in an Institution for Mental Diseases (IMD) for most adults. Currently, Medicaid only pays for IMD stays for patients aged 65 or older. This bill wipes out that age restriction entirely, opening the door for states to use federal Medicaid dollars to cover inpatient mental health treatment for eligible adults under 65, effective 180 days after the bill becomes law.
For decades, if you were between the ages of 21 and 64 and needed long-term, intensive care in an inpatient mental health facility, your state Medicaid program generally couldn't use federal matching funds to pay for it. This rule, known as the IMD Exclusion, often left states scrambling to fund care themselves or, worse, resulted in people cycling through emergency rooms, jails, or homelessness because intensive treatment wasn't covered. Section 2 of this bill changes that by explicitly removing the age exclusion language from the Social Security Act, meaning that states can now treat mental health institutional care the same way they treat hospital stays for physical illnesses for all eligible adult populations.
This isn't just a funding change; the bill also introduces a major quality control measure in Section 3. To receive Medicaid funding under this expanded coverage, IMDs will have to meet new federal standards. Specifically, the Secretary of Health and Human Services will approve “nationally recognized, evidence-based standards” covering the types of services offered, the hours of clinical care provided, and the required credentials of the staff. This means that if you or a loved one needs this level of care, the facility can’t just be a holding pattern; it must meet specific, high-bar criteria for effective, structured treatment. This provision is key because it ties new funding to mandated quality improvements.
For individuals and families, the benefit is huge: expanded access to necessary, intensive mental health care that was previously unaffordable or unavailable through Medicaid. For example, a 35-year-old worker dealing with a severe mental health crisis could now have their necessary inpatient stay covered, rather than facing massive bills or being discharged too early. However, this expansion comes with a significant catch for state budgets. While the federal government is now allowing the funding, states still have to shoulder their share of the Medicaid cost, which could mean a substantial increase in state spending on mental health services.
Another critical point is the balance between institutional and community care. While the bill expands coverage for IMDs, there's a risk that states might lean on this new institutional funding rather than investing in less restrictive, community-based mental health services, like intensive outpatient programs or crisis stabilization centers. The fear is that removing the exclusion could inadvertently lead to a greater reliance on institutionalization, potentially placing individuals in facilities when they might be better served in their communities. This is a classic policy tightrope walk: expanding access to necessary facilities while ensuring those facilities are used appropriately and not as a substitute for robust community support.