I
119th CONGRESS
2d Session
H. R. 10945
IN THE HOUSE OF REPRESENTATIVES
October 29, 2026
Mrs. Sykes introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To amend title XI of the Social Security Act to exclude from the anti-kickback statute and other sanctions certain remunerations for providing food or nutrition services to individuals.
Short title
This Act may be cited as the Food is Medicine Access Act of 2026
.
Excluding from the anti-kickback statute and other sanctions certain remunerations for providing food for individuals
In general
Section 1128B(b)(3) of the Social Security Act (42 U.S.C. 1320a–7b(b)(3)) is amended—
by aligning the left margin of each of subparagraphs (J) and (K) with the left margin of subparagraph (I);
in subparagraph (K), by striking and
at the end;
in subparagraph (L)(iii), by striking the period at the end and inserting ; and
; and
by adding at the end the following new subparagraph:
food or nutrition items and services specified by the Secretary (such as pantry stocking, nutrition prescriptions, medically-tailored groceries, medically-tailored meals, transportation to acquire foods, medical nutrition therapy, nutrition education and counseling, in-kind vouchers to acquire food or nutrition items or services, and other interventions determined appropriate by the Secretary) provided or offered as part of an evidence-based food for health program to an individual within any class of individuals specified by the Secretary by a type of health care provider determined appropriate by the Secretary for purposes of treating, managing, or preventing diet-related health conditions.
.
Implementation
In implementing the amendments made by subsection (a), the Secretary of Health and Human Services—
shall—
in specifying classes of individuals for purposes of section 1128B(b)(3)(M) of the Social Security Act (as added by such subsection), consider individuals’ clinical and financial needs;
in determining appropriate health care providers for purposes of such section, consider—
individuals’ access to different types of providers; and
any risk of exploitation of such amendments posed by different types of providers; and
establish methods to protect against fraud and abuse; and
may require—
that food and nutrition services provided pursuant to such amendments be so provided pursuant to a written policy meeting such requirements as may be specified by the Secretary and approved in advance by the governing body of the provider furnishing such services; and
that any such plan is provided to the Secretary upon request.
Effective date
The amendments made by this section shall apply with respect to remunerations provided or offered to an individual on or after the date that is 18 months after the date of the enactment of this Act.