Repealing the IMD Exclusion Act

Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended, in the first sentence, in the matter following paragraph (31)—

(1) by striking such term does not include— and all that follows through (A) any and inserting such term does not include any;

(2) by striking; or and inserting a period; and

(3) by striking subparagraph (B).

Title XIX of the Social Security Act (42 U.S.C. 1396a et seq.) is amended—

(1) in section 1902(a)—

(A) in paragraph (20)—

(i) in the matter preceding subparagraph (A), by striking 65 years of age or older; and

(ii) in subparagraph (C), by striking 65 years of age or older; and

(B) in paragraph (21) by striking 65 years of age or older;

(2) in section 1905(a)(14), by striking 65 years of age or over; and

(3) in section 1919(e)(7)(B)(i)(I), by striking 65 years of age or older.

The term institution for mental diseases means a hospital, nursing facility, or other institution that—

(1) is primarily engaged in providing diagnosis, treatment, or care of persons with mental diseases, including medical attention, nursing care, and related services; and

(2) meets nationally recognized, evidence-based standards for mental health programs (and, in the case of an institution for mental diseases that provides treatment for substance use disorders, meets nationally recognized, evidence-based standards for substance use disorder programs, such as the latest standards set forth by the American Society of Addiction Medicine), approved by the Secretary, including standards that establish the types of services offered, hours of clinical care, and staffing credentials for such an institution, and any other standards as the Secretary may require.