PolicyBrief
H.R. 9538
119th CongressJun 30th 2026
Residential Recovery for Seniors Act
IN COMMITTEE

The Residential Recovery for Seniors Act expands Medicare Part A coverage to include three levels of residential substance use disorder treatment services.

Lauren Underwood
D

Lauren Underwood

Representative

IL-14

LEGISLATION

Residential Recovery for Seniors Act Expands Medicare to Cover 3 Levels of Addiction Treatment Starting in 2026

Medicare is finally opening the door to residential addiction treatment for seniors. The Residential Recovery for Seniors Act amends the Social Security Act to include three specific tiers of care under Medicare Part A: low-intensity, high-intensity, and medically managed residential services. This change means that for the first time, Medicare will treat residential substance use disorder (SUD) programs as standard inpatient services, provided the facilities meet strict new federal certification and staffing requirements. Starting October 1, 2026, a new per diem payment system will kick in to cover these costs, potentially saving families tens of thousands of dollars in out-of-pocket rehab expenses.

A Tiered Approach to Recovery

The bill breaks down treatment into three distinct buckets based on how much help a person needs. Clinically managed low-intensity programs (Section 1861(nnn)) focus on 24-hour structure and weekly clinical services for those who are stable but need a sober environment. High-intensity programs (Section 1861(ooo)) ramp things up with at least 20 hours of clinical services per week and on-site withdrawal management. For the most serious cases, medically managed programs (Section 1861(ppp)) provide 24-hour nursing and daily medical interventions. Think of it like this: whether a retired construction worker needs a stable place to stay while starting sobriety or a grandmother requires around-the-clock medical supervision for a complex detox, the bill creates a specific Medicare category to cover that level of care.

Setting the Standard for Facilities

Not just any facility can bill Medicare under this act. To get paid, programs must be legally authorized by their state and accredited by approved bodies. Medically managed facilities, for example, are required to stock all FDA-approved SUD medications on-site and perform a full physical exam within 24 hours of a patient’s arrival. The bill also mandates the use of evidence-based criteria from recognized nonprofit medical associations to determine if a patient actually needs residential care. This is a guardrail designed to ensure that a senior isn't just placed in a facility for convenience, but because their clinical needs—as assessed by a professional—actually require that level of support.

The Bottom Line on Billing

For the providers and the bean counters, the bill introduces a "prospective payment system" under Section 1886(o). In plain English, the government will pay a set daily rate rather than negotiating every single aspirin or therapy hour. In the first year, these payments will cover 100% of the estimated reasonable costs facilities incur. After that, the rates will adjust annually based on a "market basket" index—basically an inflation tracker for healthcare costs. While this creates a sustainable path for rehab centers to accept Medicare, the real-world win is for the 25-to-45-year-olds currently self-funding their parents' recovery; this bill shifts that financial weight from the family checkbook to the Medicare trust fund.