113 HR 1464 IH: Military Mental Health Empowerment Act U.S. House of Representatives 2013-04-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I 113th CONGRESS 1st Session H. R. 1464 IN THE HOUSE OF REPRESENTATIVES April 10, 2013 Mr. Carson of Indiana (for himself, Mr. Rangel, Ms. Wilson of Florida, Mr. Conyers, Ms. Moore, Mr. Bucshon, and Mr. McGovern) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to provide notice to members of the Armed Forces, beginning with recruit basic training and the initial training of officer candidates, regarding the availability of mental health services, to help eliminate perceived stigma associated with seeking and receiving mental health services, and to clarify the extent to which information regarding a member seeking and receiving mental health services may be disclosed.
1.
Short title
This Act may be cited as the Military Mental Health Empowerment Act.
2.
Provision of information to members of the Armed Forces on availability of mental health services and related privacy rights
(a)
In general
Chapter 55 of title 10, United States Code, is amended by inserting after section 1090a the following new section:
1090b.
Notice to members of the armed forces of the availability of mental health services and privacy rights related to receipt of such services
(a)
Provision of information required
The Secretaries of the military departments shall ensure that the information described in subsection (b) is provided— (1)to each officer candidate during initial training; (2)to each recruit during basic training; and (3)to other members of the armed forces at such times as the Secretary of Defense considers appropriate. (b)
Required information
The information required to be provided under subsection (a) shall include at a minimum the following: (1)Information regarding the availability of mental health services under this chapter. (2)Information on the applicability of Department of Defense Directive 6025.18 and other regulations regarding privacy prescribed pursuant to the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191) to records regarding a member seeking and receiving mental health services, including the extent to which— (A)any such records can be shared with promotion boards, commanding officers, and other members of the armed forces; (B)any adverse actions can be taken against the member for seeking and receiving mental health services; and (C)a diagnosis of a mental health condition can result in negative personnel action. (c)
Reduction of perceived stigma
As provided in section 1090a(b)(1) of this title, in providing information under subsection (a), the Secretary of a military department shall seek to eliminate perceived stigma associated with seeking and receiving mental health services and to promote the use of mental health services on a basis comparable to the use of other medical and health services.
. (b)
Clerical amendment
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1090a the following new item: 1090b. Notice to members of the armed forces of the availability of mental health services and privacy rights related to receipt of such services. . (c)
Provision of information to current members
As soon as practicable after the date of the enactment of this Act, the Secretary of Defense shall ensure that all members of the Armed Forces, including members of the reserve components, serving in the Armed Forces as of that date are provided the information required to be provided to new recruits and officer candidates pursuant to section 1090b of title 10, United States Code, as added by subsection (a).