This bill strengthens community behavioral health clinics by establishing new Medicaid and Medicare payment systems, creating federal grants for expansion, and providing liability protection for their clinicians.
John Cornyn
Senator
TX
The Ensuring Excellence in Mental Health Act comprehensively reforms mental health care by strengthening Certified Community Behavioral Health Clinics (CCBHCs) across Medicaid and Medicare programs. It establishes new, cost-based payment systems and expands required services, including specialized veteran care, to ensure comprehensive community access. Furthermore, the bill creates a new federal grant program to fund and support these clinics nationwide. Finally, it extends federal liability protections to clinicians working within these certified centers.
If you’ve ever tried to find mental health or addiction treatment in your community—especially if you rely on Medicare or Medicaid—you know how tough it can be. The Ensuring Excellence in Mental Health Act is the policy equivalent of giving your local community clinic a massive, much-needed financial and operational upgrade.
This bill focuses on integrating Certified Community Behavioral Health Clinics (CCBHCs) into the federal healthcare system. CCBHCs are basically one-stop shops for mental health and substance use care, providing everything from routine counseling to 24/7 crisis services. The legislation creates new, stable funding paths for these clinics under Medicaid and Medicare, aiming to make comprehensive care more accessible and predictable for millions of Americans.
For clinics serving Medicaid patients, this bill is a game-changer. Starting in fiscal year 2026, states will be required to pay CCBHCs using a prospective payment system (PPS) based on their actual costs from the previous year. Think of it like this: instead of the clinic having to bill for every single 15-minute session and hope they cover the lights, they get a predictable payment designed to cover their reasonable costs of delivering comprehensive services. This stability is huge for clinics trying to hire staff and plan services.
Critically, the bill expands the required services these clinics must provide, including specialized, intensive mental health care for veterans and military members, particularly in rural areas (Title I). For a veteran in a small town, this means the local CCBHC should be equipped to handle their specific needs, following Veterans Health Administration guidelines. However, states will need to define what those "reasonable costs" are, and if they lowball it, the intended financial stability could turn into a compliance headache for the clinics.
For the first time, the bill formally adds CCBHC services as a covered benefit under Medicare, starting in 2027 (Title II). This is a big deal for seniors and people with disabilities who often struggle to find affordable mental health services. But the real kicker is the waiver of the Medicare Part B deductible for these CCBHC services.
Right now, you often have to pay your annual Part B deductible (around $240 in 2024) before Medicare starts covering its share. Under this bill, if you go to a CCBHC, you skip that initial fee. This means Medicare starts paying its 80% share immediately, significantly reducing the initial out-of-pocket cost for the patient. Plus, the bill allows clinics to waive the remaining co-pay for needy patients without facing legal penalties—a huge break for those on fixed incomes.
One of the biggest hurdles for community clinics is recruiting and keeping qualified staff. The bill tackles this head-on by extending federal malpractice liability protection to clinicians working at CCBHCs (Title IV). This means that for actions taken within the scope of their duties, they are treated like federal employees under the Federal Tort Claims Act (FTCA).
This shields the individual therapist, social worker, or psychiatrist from personal lawsuits, making these jobs much less risky and potentially easier to fill. For patients, however, this means if they ever have a malpractice claim, they have to sue the federal government instead of the individual clinician—a procedural shift that can sometimes be more complex.
This legislation is a clear win for patients relying on government insurance and for the CCBHCs themselves, which gain predictable funding and staff protections. However, it does create a new financial burden on federal and state taxpayers who will fund these new payment systems and the new grant program (Title III) designed to help clinics expand.
It also sets up a potential competitive challenge for existing non-CCBHC behavioral health providers. If CCBHCs receive stable, cost-based reimbursement and liability protection, while other community providers do not, it could create a two-tiered system where the newly favored CCBHC model draws away staff and resources, potentially leading to instability for smaller, independent practices.