1.The Congress finds the following:
(1)The National
Institute of Neurological Disorders and Stroke states that autism is a common
condition in a group of developmental disorders known as the autism spectrum
disorders and is characterized by impaired social interaction, problems with
verbal and nonverbal communication, and unusual, repetitive, or severely
limited activities and interests.
(2)According to a February 2007 study by the
Centers for Disease Control and Prevention, one in 150 children that had
reached the age of 8 had autism or an autism spectrum disorder such as
Asperger’s syndrome, Rett syndrome, childhood disintegrative disorder, or a
pervasive developmental disorder not otherwise specified.
(3)The Department of Defense introduced the
Extended Care Health Option program to provide coverage to active duty members
of the Armed Forces for applied behavioral analysis, a treatment for the
symptoms of autism spectrum disorders. Active duty member beneficiaries are
covered for applied behavioral analysis treatment for up to $2,500 per month
with a maximum of $30,000 per year.
(4)According to a Harvard School of Public
Health report, without effective intervention, approximately 90 percent of
individuals with an autism spectrum disorder require lifelong care, which costs
an estimated $3.2 million over a child’s lifetime. Applied behavioral analysis
therapy has been shown to be effective in reducing the percentage of
individuals with an autism spectrum disorder that require lifelong care to less
than 50 percent and reducing the costs of lifelong care by two-thirds.
(5)Benefits of the Extended Care Health Option
program are not available to military retirees enrolled in TRICARE, but in a
letter dated June 23, 2008, the Department of Defense stated that there are
8,784 retirees with dependants diagnosed with an autism spectrum
disorder.
2.Extended care
health option program for autistic dependents of certain retirees
(a)Authorization
for extended benefits for autistic dependents of certain retireesSection 1086 of title 10, United States
Code, is amended by adding at the end the following new subsection:
(i)(1)The extended benefits
program shall apply to any covered retiree with respect to any dependent of
such a retiree if the dependent is—
(A)described in subparagraph (D) or (I)
of section 1072(2) of this title;
(B)diagnosed with autism; and
(C)not entitled to benefits under part A
of title XVIII of the Social Security Act.
(2)In this subsection:
(A)The term extended benefits
program means the program provided pursuant to subsections (d), (e), and
(f) of section 1079 of this title.
(B)The term covered retiree
means any person eligible for health benefits under this section by reason of
coverage by section 1074(b) (as described in subsection (c)(1) of this section)
who is—
(i)not entitled to benefits under part
A of title XVIII of the Social Security Act; and
(ii)not enrolled under part B of such
title.
(C)The term autism refers to the
autism spectrum disorders, which are developmental disabilities that cause
substantial impairments in the areas of social interaction, emotional
regulation, communication, and the integration of higher-order cognitive
processes and are often characterized by the presence of unusual behaviors and
interests. The term includes autistic disorder, pervasive developmental
disorder (not otherwise specified), Asperger’s syndrome, and any of the
pervasive disorders as defined by the most recent edition of the Diagnostic and
Statistical Manual of Mental Disorders.
.
(b)The amendment made by subsection (a) shall apply to benefits
under the extended benefits program for items and services furnished on or
after the date of the enactment of this Act.