Increasing Mental Health Options Act of 2026

Enumerated powers · passes

Congress has explicit authority under Article I, Section 8, Clause 1 to provide for the general welfare through spending programs like Medicare. This bill merely adjusts payment rates and provider eligibility within an existing federal spending program, staying well within enumerated powers.

Bill of Rights · passes

The bill imposes no restrictions on speech, religion, press, assembly, petition, arms, quartering, search and seizure, self-incrimination, due process, trial rights, jury rights, cruel and unusual punishment, or unenumerated rights. It does not infringe any provision of the first ten amendments.

Individual liberty · passes

The bill expands voluntary access to behavioral health services by allowing clinical psychologists to provide Medicare-covered services. It does not compel any individual to receive treatment or restrict any person's control over their own person, property, speech, labor, or belief. The government bears no burden to justify a restriction because no restriction exists.

Decentralization · passes

The bill passes all four decentralization questions. Individuals and families can choose whether to seek services. Local communities and counties can determine their own health professional shortage area designations. States retain full authority under state law to define the scope of practice for clinical psychologists. The bill does not consolidate decision-making upward beyond the minimum necessary to administer a federal spending program that states and localities have chosen to participate in.

Due process and takings · passes

The bill involves no deprivation of life, liberty, or property without due process. It does not impose fines, penalties, or forfeitures. It does not take private property for public use without just compensation. It merely authorizes additional Medicare payments to providers who choose to participate, which is a voluntary contractual arrangement, not a taking.