1.Treatment of autism under
TRICARE
(a)Section 1077 of title
10, United States Code, is amended—
(1)in subsection (a),
by adding at the end the following new paragraph:
(18)In accordance with subsection (g),
treatment of autism spectrum disorders.
;
and
(2)by adding at the
end the following new subsection:
(g)(1)For purposes of subsection (a)(18),
treatment of autism spectrum disorders shall be provided if a health care
professional determines that the treatment is medically necessary. Such
treatment shall include the following:
(A)Habilitative or rehabilitative
care.
(B)Pharmaceutical agents.
(C)Psychiatric care.
(D)Psychological care.
(E)Speech therapy.
(F)Occupational therapy.
(G)Physical therapy.
(H)Group therapy, if a health care
professional determines it necessary to develop, maintain, or restore the
skills of the beneficiary.
(I)Any other care or treatment that a health
care professional determines medically necessary.
(2)Beneficiaries under the age of five who
have developmental delays and are considered at-risk for autism may not be
denied access to treatment described by paragraph (1) if a health care
professional determines that the treatment is medically necessary.
(3)The Secretary may not consider the
use of applied behavior analysis or other structured behavior programs under
this section to be special education for purposes of section 1079(a)(9) of this
title.
(4)In carrying out this subsection, the
Secretary shall ensure that—
(A)a
person who is authorized to provide applied behavior analysis or other
structured behavior programs is licensed or certified by a State, the Behavior
Analyst Certification Board, or other accredited national certification board;
and
(B)if
applied behavior analysis or other structured behavior program is provided by
an employee or contractor of a person authorized to provide such treatment, the
employee or contractor shall meet minimum qualifications, training, and
supervision requirements consistent with business best practices in the field
of behavior analysis and autism services.
(5)In this section:
(A)The term autism spectrum
disorders includes autistic disorder, Asperger’s syndrome, and any of
the pervasive developmental disorders as defined by the most recent edition of
the Diagnostic and Statistical Manual of Mental Disorders.
(B)The term habilitative and
rehabilitative care includes—
(i)professional counseling;
(ii)guidance service;
(iii)treatment programs, including not
more than 40 hours per week of applied behavior analysis; and
(iv)other structured behavior programs that a
health care professional determines necessary to develop, improve, maintain, or
restore the functions of the beneficiary.
(C)The term health care
professional has the meaning given that term in section 1094(e)(2) of
this
title.
.
(b)Not
later than 180 days after the enactment of this Act, the Secretary of Defense
shall prescribe such regulations as may be necessary to carry out section
1077(a)(18) of title 10, United States Code, as added by subsection (a).