PolicyBrief
H.R. 8095
119th CongressMar 26th 2026
Ensuring Medicaid Continuity for Children in Foster Care Act of 2026
IN COMMITTEE

This act ensures Medicaid coverage for children in foster care placed in qualified residential treatment programs by exempting them from the Medicaid Institutions for Mental Diseases (IMD) exclusion.

Gus Bilirakis
R

Gus Bilirakis

Representative

FL-12

LEGISLATION

Ensuring Medicaid Continuity for Foster Children: Residential Treatment Coverage to Expand in 2026.

Starting October 1, 2026, this bill removes a significant bureaucratic hurdle that has historically jeopardized healthcare for children in the foster care system. Specifically, it creates an exemption to the 'Institutions for Mental Diseases' (IMD) exclusion, a long-standing rule that often prevents Medicaid from paying for care in larger residential facilities. By amending Section 1905(a) of the Social Security Act, the bill ensures that if a child is placed in a Qualified Residential Treatment Program (QRTP), their Medicaid coverage stays active for the services they receive there. This applies to any child under state responsibility, regardless of whether the state is currently making foster care maintenance payments for them.

Bridging the Coverage Gap

In the current system, when a foster child needs intensive mental health support and moves into a residential facility, they can hit a 'coverage cliff.' The IMD exclusion was originally designed to prevent Medicaid from funding large psychiatric warehouses, but it often accidentally cuts off funding for modern, high-quality treatment centers. For a caseworker or a foster parent, this bill means one less nightmare of paperwork and fewer gaps in a child's therapy or medical regimen. By explicitly allowing Medicaid to cover these stays in QRTPs, the legislation ensures that a child’s zip code—even if that zip code is a specialized treatment campus—doesn't dictate whether they can see a doctor.

Practical Impacts for Providers and States

This change simplifies the financial plumbing for state child welfare agencies and healthcare providers. Under the new rules, residential programs defined under section 472(k)(4) of the Social Security Act will be able to bill Medicaid directly for services provided to foster youth. This shift reduces the financial pressure on state budgets that previously had to foot the entire bill for these services when Medicaid was barred from participating. For the professionals on the ground—like the therapists and nurses working in these facilities—it means more stable funding for the specialized care required to help vulnerable kids transition back to family settings or independent living.