H.R. 5674 – Medicare Mental Health Inpatient Equity Act of 2021

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Updated February 8, 2026 at 7:30 AM UTC

The Medicare Mental Health Inpatient Equity Act of 2021 aims to give Medicare beneficiaries with serious mental illness unlimited access to inpatient psychiatric hospital care. It removes the current 190‑day lifetime cap on such services, allowing treatment for as long as medically needed. The change applies to anyone covered by Medicare who receives inpatient psychiatric care.

Key Provisions

Amends Section 1812 of the Social Security Act to delete the language that imposes a 190‑day lifetime limit on inpatient psychiatric hospital services, effectively eliminating the cap.
Sets the amendment to take effect for services provided on or after January 1, 2023.

Legislative Activity

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2 earlier actions

HouseCommittee Latest Action

Referred to the Subcommittee on Health.

Health Subcommittee

October 21, 2021

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HouseIntro Referral

Introduced in House

October 21, 2021

HouseIntro Referral

Referred to the House Committee on Ways and Means.

Ways and Means Committee

October 21, 2021

HouseCommittee

Referred to the Subcommittee on Health.

Health Subcommittee

October 21, 2021

Bill Text

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Introduced in HouseIssued October 21, 2021

I

117th CONGRESS

1st Session

H. R. 5674

IN THE HOUSE OF REPRESENTATIVES

October 21, 2021

Mr. Tonko (for himself and Mr. Huizenga) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL

To amend title XVIII of the Social Security Act to eliminate the 190-day lifetime limit on inpatient psychiatric hospital services under the Medicare Program.

1.

Short title

This Act may be cited as the Medicare Mental Health Inpatient Equity Act of 2021.

2.

Elimination of 190-day lifetime limit on inpatient psychiatric hospital services

(a)

In general

Section 1812 of the Social Security Act (42 U.S.C. 1395d) is amended—

(1)

in subsection (b)—

(A)

in paragraph (1), by adding or at the end;

(B)

in paragraph (2), by striking ; or at the end and inserting a period; and

(C)

by striking paragraph (3); and

(2)

in subsection (c), by striking (but shall not be included and all that follows before the period at the end.

(b)

Effective Date

The amendments made by subsection (a) shall apply to items and services furnished on or after January 1, 2023.