Second Chance Mental Health Access Act of 2026

Bill Number

H.R. 7535

Origin Chamber

House

Congress

119th Congress, Session 2

Policy Area

Health

Status

Introduced

Latest Action

2026-02-12: Referred to the House Committee on Energy and Commerce.

Last Updated

2026-03-02T19:50:21Z

AI-Generated Summary

Purpose

The "Second Chance Mental Health Access Act of 2026" aims to improve mental health support for certain individuals transitioning from incarceration by mandating Medicaid coverage for telehealth-based mental health services. Telehealth refers to remote medical consultations, often via video or phone, allowing care without in-person visits.

Key Provisions

• Requires state Medicaid plans (or waivers of those plans) to cover up to 12 mental health visits per calendar year delivered through telehealth.
• Applies specifically to Medicaid enrollees who:
• Are subject to home confinement (a court-ordered restriction to stay at home instead of jail or prison) as part of a judicial process.
• Were incarcerated in a public institution (such as a state or federal prison) immediately before entering home confinement.
• Coverage is provided during the period of home confinement.
• The law takes effect for individuals released from public institutions on or after the date of enactment.

Significant Changes to Existing Law

• Amends Section 1902(a) of the Social Security Act, which outlines state requirements for Medicaid programs.
• Adds a new paragraph (90) to this section, introducing the mandatory telehealth coverage as an additional state obligation.
• This builds on existing Medicaid rules for telehealth but targets a specific group (those in home confinement post-incarceration) and sets a fixed annual limit of 12 visits, which was not previously required.

Potential Impacts

• On citizens: Could enhance access to mental health care for formerly incarcerated individuals during reentry, potentially reducing stress, substance use, or recidivism (return to crime) by addressing mental health needs remotely and affordably.
• On government agencies: State Medicaid programs must implement and fund this coverage, increasing administrative and reimbursement costs; the federal Centers for Medicare & Medicaid Services (CMS) may need to update guidance or oversight to ensure compliance.
• On international relations: No direct impact, as this is a domestic health policy focused on U.S. Medicaid.

Main Stakeholders Affected

• Formerly incarcerated individuals: Primary beneficiaries, particularly those in home confinement who qualify for Medicaid and need mental health support.
• State Medicaid agencies: Responsible for updating plans, processing claims, and ensuring telehealth providers are reimbursed.
• Mental health providers: Telehealth practitioners (e.g., therapists, psychiatrists) who can offer services and receive Medicaid payments.
• Federal government: Congress and CMS, which oversee Medicaid funding and enforcement.
• Criminal justice system: Courts and probation officers involved in home confinement decisions, as better mental health access may support successful community reintegration.

Notable Legal, Constitutional, or Political Implications

• Legal: Strengthens Medicaid's role in post-incarceration care without altering eligibility rules; states must comply to receive federal matching funds, but it allows flexibility in how telehealth is delivered.
• Constitutional: No apparent conflicts with U.S. Constitution; aligns with the Spending Clause (Article I, Section 8), which lets Congress attach conditions to federal grants like Medicaid.
• Political: Supports bipartisan efforts on criminal justice reform and mental health equity, potentially appealing to advocates for reentry programs; may face debate over added costs to state budgets during fiscal constraints.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Foushee, Valerie P. [D-NC-4]

Cosponsors (11)

Rep. Kelly, Robin L. [D-IL-2], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Bell, Wesley [D-MO-1], Rep. Johnson, Henry C. "Hank" [D-GA-4], Rep. Ross, Deborah K. [D-NC-2], Rep. Carter, Troy A. [D-LA-2], Rep. Moulton, Seth [D-MA-6], Rep. Watson Coleman, Bonnie [D-NJ-12], Rep. Jackson, Jonathan L. [D-IL-1], Rep. Tokuda, Jill N. [D-HI-2], Rep. Goldman, Daniel S. [D-NY-10]

Recent Actions

• 2026-02-12: Referred to the House Committee on Energy and Commerce.
• 2026-02-12: Introduced in House
• 2026-02-12: Introduced in House

Bill Versions

• Second Chance Mental Health Access Act of 2026 — issued 2026-02-12 — PDF (2 pages)