Constitution Index · H.R. 1867 · 2025-03-05
To amend title XVIII of the Social Security Act to remove in-person requirements under Medicare for mental health services furnished through telehealth and telecommunications technology.
Latest official status (2025-03-05): 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.
Constitutional grade
A
Constitutional
This bill is fully constitutional. It removes a federal restriction on Medicare telehealth for mental health services, which falls within Congress's enumerated power under the Spending Clause (Article I, Section 8, Clause 1) to set conditions on federal healthcare programs. It does not infringe any Bill of Rights protections, expands rather than restricts individual sovereignty, passes all decentralization tests by reducing federal mandates, and involves no due process or takings issues.
Article I, Section 8, Clause 1 Amendment V
SI-generated grade · passed automated checks (real Constitution citation, language rules) · not individually reviewed by a person · methodology · Report an error: hello@valuesforamerica.com
The five checks
Enumerated powers · passes
Congress has explicit constitutional authority under Article I, Section 8, Clause 1 (the Spending Clause) to set the terms and conditions of Medicare, a federal spending program. Removing in-person requirements for mental health telehealth services is a permissible exercise of this power to manage the program's administration.
Bill of Rights · passes
The bill does not restrict speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, takings, fair trial, jury, cruel and unusual punishment, or any other right protected by the Bill of Rights. It imposes no new prohibitions or mandates on individuals.
Individual liberty · passes
By removing in-person evaluation requirements, the bill expands individual freedom to access mental health care remotely. It does not restrict what a person can do with their own person, property, speech, labor, or belief. The government is not imposing a restriction; it is removing one, which enhances individual sovereignty.
Decentralization · passes
The bill passes all four questions: (1) individuals and families can handle mental health care decisions without government involvement, and this bill removes a barrier to that; (2) local communities can handle telehealth without state involvement; (3) states can handle telehealth without federal involvement, but this bill merely adjusts a federal program's rules; (4) it does not consolidate decision-making upward—it removes a federal mandate, allowing more local and individual choice.
Due process and takings · passes
The bill involves no deprivation of life, liberty, or property without due process. It does not impose penalties, seize property, or bypass fair procedures. It simply removes an administrative requirement from a voluntary federal program. No takings issue arises under the Fifth Amendment.
Provenance
- Congress.gov: HR 1867 summary · fetched 2026-10-09 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #706 | 2026-10-11 | vfa-constitutional-grade/1.0 | 405fd04f5977 | current |
Cite this
Values for America. “Constitutional grade: H.R. 1867, To amend title XVIII of the Social Security Act to remove in-person requirements under Medicare for mental health services furnished through telehealth and telecommunications technology..” VFA Constitution Index, grade 706 (rubric vfa-constitutional-grade/1.0), graded October 11, 2026. https://www.valuesforamerica.com/constitution-index/grades/706. Accessed 2026-10-19.
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