H.R. 9816 explained · 119th Congress · Pending in Congress
MOMMIES Act
Cosponsors: 18 (18 D, 0 R) · per Congress.gov, 2026-10-15
Introduced: 2026-07-21
Latest action (2026-07-21): Referred to the House Committee on Energy and Commerce.
What H.R. 9816 does, in plain terms
Maximizing Outcomes for Moms through Medicaid Improvement and Enhancement of Services Act or the MOMMIES Act This bill establishes a series of programs and requirements under Medicaid and the Children's Health Insurance Program (CHIP) relating to maternal health. For example, the bill expands eligibility for coverage under Medicaid and CHIP from 60 days to one year after the last day of pregnancy and requires such coverage to include oral health services. The bill also establishes a demonstration program in which states receive grants to implement or expand models for maternity care homes that provide services to Medicaid or CHIP beneficiaries. The Government Accountability Office must report on (1) gaps in coverage under Medicaid and CHIP for pregnant and postpartum women, and (2) the use of telehealth by state Medicaid programs to increase access to maternity care.
Official summary by the Congressional Research Service, via Congress.gov.
Constitution Index
“VFA Constitution grade”
Minor constitutional concerns
Graded 2026-10-14
SI-generated grade · five published checks · not individually reviewed by a person · methodology
The MOMMIES Act operates within Congress's spending power and does not directly infringe on individual rights. However, it conditions federal Medicaid funds on state compliance, which raises federalism concerns by pressuring states to expand their programs. The bill is mostly sound but requires attention to state flexibility and the limits of federal conditional spending.
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✓ Passes · Enumerated powers
Congress has the power to spend for the general welfare under Article I, Section 8, Clause 1. Medicaid and CHIP are cooperative federal-state programs funded through this spending power. The bill's provisions—expanding eligibility, requiring coverage of oral health services, establishing demonstration grants, and mandating GAO reports—are all exercises of the spending power. The GAO reporting requ… -
✓ Passes · Bill of Rights
The bill does not restrict speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, takings, trial rights, or cruel and unusual punishment. It expands access to healthcare services, which does not implicate any provision of the Bill of Rights. No infringement is present. -
✓ Passes · Individual sovereignty
The bill does not restrict individual liberty. It expands eligibility for Medicaid and CHIP, providing additional benefits to pregnant and postpartum women. It imposes no mandates on individuals, no restrictions on personal conduct, and no burdens on property or labor. The burden of proof for any restriction is not triggered because there is no restriction. -
✗ Concern · Decentralization
The bill fails the decentralization test because it consolidates decision-making at the federal level by imposing conditions on state Medicaid and CHIP programs. While states retain the option to participate, the practical effect is to pressure states to expand coverage and services, reducing state flexibility. The federal government is setting specific requirements (e.g., one-year postpartum cove… -
✓ Passes · Due process and takings
The bill does not deprive anyone of life, liberty, or property without due process. It does not take private property for public use without just compensation. The GAO reporting requirement is a standard oversight function and does not implicate due process. No procedural or substantive due process concerns arise.
Sources: Congress.gov: HR 9816 summary
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