H.R. 8355

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8355 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 8355

To amend title XI of the Social Security Act to require the Center for 
Medicare and Medicaid Innovation to test a model to reduce chronic 
diseases by using accountable produce is medicine.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

April 16, 2026

Mr. Smucker (for himself and Ms. Davids of Kansas) 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 require the Center for 
Medicare and Medicaid Innovation to test a model to reduce chronic 
diseases by using accountable produce is medicine.

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 ``Accountable Produce is Medicine Act 
of 2026''.

SEC. 2. SENSE OF CONGRESS.

It is the sense of Congress that--
(1) diet-related chronic diseases are a leading driver of 
health care costs in the United States;
(2) evidence-based food is medicine interventions, 
including medically tailored meals, medically tailored 
groceries, produce prescriptions, and nutrition counseling, 
have the potential to improve health outcomes and reduce health 
care expenditures;
(3) the Center for Medicare and Medicaid Innovation should, 
to the extent practicable, incorporate such interventions, as 
appropriate, into models tested under section 1115A of the 
Social Security Act (42 U.S.C. 1315a); and
(4) incorporating food is medicine interventions into 
Innovation Center models may improve quality of care, reduce 
costs, and support the prevention and management of chronic 
disease.

SEC. 3. REQUIRING THE CENTER FOR MEDICARE AND MEDICAID INNOVATION TO 
TEST A MODEL TO IMPROVE OUTCOMES FOR PATIENTS WITH 
CHRONIC DISEASES BY USING ACCOUNTABLE PRODUCE IS 
MEDICINE.

Section 1115A of the Social Security Act (42 U.S.C. 1315a) is 
amended--
(1) in subsection (b)(2)(A), by inserting ``, and, 
beginning not later than the date that is 180 days after the 
enactment of the Accountable Produce is Medicine Act of 2026, 
shall include the Accountable Produce is Medicine Bundled 
Payment Model described in subsection (h)'' before the period 
at the end; and
(2) by adding at the end the following new subsection:
``(h) Accountable Produce Is Medicine Bundled Payment Model.--
``(1) In general.--For purposes of subsection (b)(2)(A), 
the Accountable Produce is Medicine Bundled Payment Model 
described in this subsection is a model under which bundled 
payment is made under title XVIII, title XIX, or title XXI, as 
appropriate, for selected programs to furnish Accountable 
Produce is Medicine services to eligible individuals.
``(2) Selection of programs to participate.--
``(A) Selected programs.--The Secretary shall 
select to participate in the model described under 
paragraph (1) at least 5 eligible programs, each to 
participate for a period of not less than 2 years, that 
the Secretary determines have the capacity to satisfy 
the requirements described in paragraph (3). In this 
subsection, each such eligible program so selected 
shall be referred to as a `selected program'.
``(B) Priority.--In selecting eligible programs 
under subparagraph (A), the Secretary shall give 
priority to any such program that furnishes (including 
through an arrangement with a provider of services or 
supplier or other entity) fresh, frozen, or minimally 
processed fruits and vegetables without added sugars, 
sodium, or saturated fats (except those occurring 
naturally), and other plant-based, nutrient-dense 
foods, including nuts, seeds, intact whole grains, 
beans, and lentils.
``(3) Minimum program requirements.--Under the model under 
paragraph (1), a selected program shall comply with each of the 
following requirements:
``(A) Screening.--The selected program shall screen 
individuals who are referred to the program by a 
physician, hospital, or other health care provider, to 
determine whether such individuals are eligible 
individuals.
``(B) Accountable produce is medicine services.--In 
the case of an individual who is determined by the 
selected program under subparagraph (A) to be an 
eligible individual, the selected program shall, for 
the 1-year period following such determination (subject 
to subparagraph (D)), make available (including through 
an arrangement with a provider of services or supplier 
or other entity) to such individual the following 
services (in this subsection referred to as 
`Accountable Produce is Medicine services' or `APIM 
services'):
``(i) A personalized health risk assessment 
and personalized prevention plan services.
``(ii) Care coordination services.
``(iii) Telehealth services related to 
chronic disease monitoring, education, and 
follow-up.
``(iv) Remote patient monitoring items and 
services that are clinically appropriate for 
chronic disease monitoring and facilitate a 
timely response from a provider in the case 
that significant changes in such data are 
detected.
``(v) Lifestyle modification programs, 
including nutrition counseling provided by a 
registered dietician or other qualified 
provider, exercise programs, and smoking 
cessation counseling.
``(vi) Healthy, nutrient-dense foods 
meeting such standards as the Secretary shall 
determine, with preference given to produce 
grown within 250 miles of the selected program 
or through the use of regenerative agriculture.
``(C) Collection of health data; reenrollment 
assessment.--In the case of an individual who is 
determined by the selected program under subparagraph 
(A) to be an eligible individual, the selected program 
shall--
``(i) track the APIM services that the 
individual has received from the program under 
the model;
``(ii) regularly evaluate the individual's 
engagement with the program and adherence to 
program requirements;
``(iii) on a quarterly basis collect from 
such individual updated weight, blood pressure, 
and blood glucose measurements, and any other 
measurements determined appropriate by the 
Secretary; and
``(iv) at the end of the 1-year period 
described in subparagraph (B)--
``(I) evaluate the measurements 
collected under clause (iii);
``(II) submit to the Secretary such 
data as the Secretary determines 
necessary for purposes of evaluating 
the health care cost savings achieved 
for such individual during such period; 
and
``(III) provide for an additional 
determination under subparagraph (A) as 
to whether such individual remains an 
eligible individual.
``(D) Disenrollment.--In the case of an individual 
who is determined by the selected program under 
subparagraph (A) to be an eligible individual, if the 
selected program determines (in accordance with 
standards established by the Secretary) before the end 
of the 1-year period described in subparagraph (B) that 
such individual is not adequately engaging with the 
program or is not adhering to program requirements, the 
selected program shall terminate the individual's 
participation in the program and may not furnish any 
additional APIM services to such individual under the 
model.
``(4) Payment.--
``(A) In general.--The Secretary shall determine 
the form, manner, and amount of bundled payment to be 
provided to selected programs under the model under 
paragraph (1) and, beginning in the third year in which 
such model is carried out, may require that selected 
programs assume financial risk for performance under 
the model.
``(B) Cost sharing.--APIM services furnished by a 
selected program to an eligible individual shall be 
provided without application of deductibles, 
copayments, coinsurance, or other cost-sharing under 
the applicable title.
``(5) Duration.--The model described in paragraph (1) shall 
be carried out for a period of not less than 5 years.
``(6) Definitions.--In this subsection:
``(A) Eligible individual.--The term `eligible 
individual' means an individual--
``(i) who is--
``(I) entitled to benefits under 
part A of title XVIII or enrolled under 
part B of such title;
``(II) enrolled under a State plan 
(or waiver of such plan) under title 
XIX; or
``(III) enrolled under a State 
child health plan (or waiver of such 
plan) under title XXI;
``(ii) who resides in a medically 
underserved area (as designated pursuant to 
section 330(b)(3)(A) of the Public Health 
Service Act), a rural area (as defined in 
section 1886(d)(2)(D)), a health professional 
shortage area described in section 332(a)(1)(A) 
of the Public Health Service Act, or another 
area determined appropriate by the Secretary;
``(iii) who has diabetes, obesity, 
cardiovascular disease, hypertension, 
malnutrition, or any other disease or chronic 
condition that the Secretary determines 
appropriate;
``(iv) in the clinical judgment of a 
physician or other health care professional, 
who would benefit from participation in the 
model;
``(v) who the eligible program determines 
to be prepared to participate in the model; and
``(vi) who is not already receiving items 
or services that the Secretary determines are 
substantially similar (and duplicative in 
purpose and clinical function) to the APIM 
services described in clause (v) of paragraph 
(3)(B).
``(B) Eligible program.--The term `eligible 
program' means a provider of services or supplier 
enrolled in the program under title XVIII, title XIX, 
or title XXI.
``(C) Regenerative agriculture.--The term 
`regenerative agriculture' means a conservation 
management approach that emphasizes natural resources 
through improved soil health, water management, and 
natural vitality.''.
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