Food is Medicine Access Act of 2026

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10945 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                               H. R. 10945

 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.

_______________________________________________________________________

                    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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Food is Medicine Access Act of 
2026''.

SEC. 2. EXCLUDING FROM THE ANTI-KICKBACK STATUTE AND OTHER SANCTIONS 
              CERTAIN REMUNERATIONS FOR PROVIDING FOOD FOR INDIVIDUALS.

    (a) In General.--Section 1128B(b)(3) of the Social Security Act (42 
U.S.C. 1320a-7b(b)(3)) is amended--
            (1) by aligning the left margin of each of subparagraphs 
        (J) and (K) with the left margin of subparagraph (I);
            (2) in subparagraph (K), by striking ``and'' at the end;
            (3) in subparagraph (L)(iii), by striking the period at the 
        end and inserting ``; and''; and
            (4) by adding at the end the following new subparagraph:
            ``(M) 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.''.
    (b) Implementation.--In implementing the amendments made by 
subsection (a), the Secretary of Health and Human Services--
            (1) shall--
                    (A) 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;
                    (B) in determining appropriate health care 
                providers for purposes of such section, consider--
                            (i) individuals' access to different types 
                        of providers; and
                            (ii) any risk of exploitation of such 
                        amendments posed by different types of 
                        providers; and
                    (C) establish methods to protect against fraud and 
                abuse; and
            (2) may require--
                    (A) 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
                    (B) that any such plan is provided to the Secretary 
                upon request.
    (c) 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.
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