[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4630 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4630

     To amend title 10, United States Code, to provide for certain 
behavioral health treatment under TRICARE for children and adults with 
          developmental disabilities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 9, 2014

 Mr. Larson of Connecticut (for himself and Mr. Rooney) introduced the 
 following bill; which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
     To amend title 10, United States Code, to provide for certain 
behavioral health treatment under TRICARE for children and adults with 
          developmental disabilities, and for other purposes.

    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 ``Caring for Military Children with 
Developmental Disabilities Act of 2014''.

SEC. 2. BEHAVIORAL HEALTH TREATMENT OF DEVELOPMENTAL DISABILITIES UNDER 
              THE TRICARE PROGRAM.

    (a) Behavioral Health Treatment of Developmental Disabilities Under 
TRICARE.--Section 1077 of title 10, United States Code, is amended by 
adding at the end the following new subsection:
    ``(g)(1) Subject to paragraph (4), in providing health care under 
subsection (a), the treatment of developmental disabilities (as defined 
by section 102(8) of the Developmental Disabilities Assistance and Bill 
of Rights Act of 2000 (42 U.S.C. 15002(8))), including autism spectrum 
disorder, shall include behavioral health treatment, including applied 
behavior analysis, when prescribed by a physician or psychologist.
    ``(2) In carrying out this subsection, the Secretary shall ensure 
that--
            ``(A) except as provided by subparagraph (B), behavioral 
        health treatment is provided pursuant to this subsection--
                    ``(i) in the case of such treatment provided in a 
                State that requires licensing or certification of 
                applied behavioral analysts by State law, by an 
                individual who is licensed or certified to practice 
                applied behavioral analysis in accordance with the laws 
                of the State; or
                    ``(ii) in the case of such treatment provided in a 
                State other than a State described in clause (i), by an 
                individual who is licensed or certified by a State or 
                an accredited national certification board; and
            ``(B) applied behavior analysis or other behavioral health 
        treatment may be provided by an employee, contractor, or 
        trainee of a person described in subparagraph (A) if the 
        employee, contractor, or trainee meets minimum qualifications, 
        training, and supervision requirements as set forth in 
        applicable State law, by an appropriate accredited national 
        certification board, or by the Secretary.
    ``(3)(A) This subsection shall not apply to a medicare eligible 
beneficiary (as defined in section 1111(b) of this title).
    ``(B) Nothing in this subsection shall be construed as limiting or 
otherwise affecting the benefits provided to a covered beneficiary 
under--
            ``(i) this chapter;
            ``(ii) title XVIII of the Social Security Act (42 U.S.C. 
        1395 et seq.); or
            ``(iii) any other law.
    ``(4) In addition to the requirement under section 1100(c)(1) of 
this title, with respect to retired members of the Coast Guard, the 
Commissioned Corps of the National Oceanic and Atmospheric 
Administration, or the Commissioned Corps of the Public Health Service, 
or dependents of any such retired members, treatment shall be provided 
under this subsection in a fiscal year only to the extent that amounts 
are specifically provided in advance in appropriations Acts for the 
Defense Health Program Account for the provision of such treatment for 
such fiscal year.''.
    (b) Funding.--Section 1100 of title 10, United States Code, is 
amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new 
        subsection (c):
    ``(c) Behavioral Health Treatment of Developmental Disabilities.--
(1) Funds for treatment under section 1077(g) of this title may be 
derived only from the Defense Health Program Account. Notwithstanding 
any other provision of law, such funds may not be reimbursed from any 
account that would otherwise provide funds for the treatment of retired 
members of the Coast Guard, the Commissioned Corps of the National 
Oceanic and Atmospheric Administration, or the Commissioned Corps of 
the Public Health Service, or dependents of any such retired members.
    ``(2) As provided for in paragraph (4) of section 1077(g), with 
respect to retired members of the Coast Guard, the Commissioned Corps 
of the National Oceanic and Atmospheric Administration, or the 
Commissioned Corps of the Public Health Service, or dependents of any 
such retired members, treatment under such section shall be provided in 
a fiscal year only to the extent that amounts are specifically provided 
in advance in appropriations Acts for the Defense Health Program 
Account for the provision of such treatment for such fiscal year.''.
    (c) Sense of Congress.--It is the sense of Congress that amounts 
should be appropriated for behavioral health treatment of TRICARE 
beneficiaries, pursuant to the amendments made by this section, in a 
manner to ensure the appropriate and equitable access to such treatment 
by all such beneficiaries.
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