[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Page S5730]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6205. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end of subtitle C of title VII, add the following:

     SEC. 753. COMPTROLLER GENERAL STUDY ON COVERAGE OF MENTAL 
                   HEALTH DISORDERS UNDER TRICARE PROGRAM AND 
                   RELATIONSHIP TO CERTAIN MENTAL HEALTH PARITY 
                   LAWS.

       (a) Study and Report Required.--Not later than 270 days 
     after the date of the enactment of this Act, the Comptroller 
     General of the United States shall--
       (1) conduct a study to identify and assess the similarities 
     and differences with respect to coverage of mental health 
     disorders under the TRICARE program and coverage requirements 
     under mental health parity laws; and
       (2) submit a report containing the findings of such study 
     to--
       (A) the Secretary of Defense and the congressional defense 
     committees; and
       (B) with respect to any findings concerning the Coast Guard 
     when it is not operating as a service in the Department of 
     the Navy, the Secretary of Homeland Security, the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives, and the Committee on Commerce, Science, and 
     Transportation of the Senate.
       (b) Matters To Be Included.--The report under subsection 
     (a)(2) shall include the following:
       (1) A description of any overlaps or gaps between coverage 
     requirements under the TRICARE program and under the mental 
     health parity laws with respect to treatment for the 
     continuum of mental health disorders (including substance use 
     disorder).
       (2) An identification of any existing or anticipated 
     effects of any such overlaps or gaps on access to care by 
     beneficiaries under the TRICARE program.
       (3) An identification of denial rates under the TRICARE 
     program for requests by beneficiaries for coverage of mental 
     or behavioral health care services and the overturn rates of 
     appeals for such requests, disaggregated by type of health 
     care service.
       (4) A list of each mental or behavioral health care 
     provider type that is not an authorized provider type under 
     the TRICARE program.
       (5) An identification of any anticipated effects of 
     modifying coverage requirements under the TRICARE program to 
     bring such requirements into conformity with mental health 
     parity laws, including an assessment of the following:
       (A) Potential costs to the Department of Defense, the 
     Department of Homeland Security (with respect to matters 
     concerning the Coast Guard when it is not operating as a 
     service in the Department of the Navy), and beneficiaries 
     under the TRICARE program as a result of such modification.
       (B) The adequacy of the TRICARE program network to support 
     such modification.
       (C) Potential effects of such modification on access to 
     care by beneficiaries under the TRICARE program.
       (D) Such other matters as may be determined appropriate by 
     the Comptroller General.
       (c) Briefing.--Not later than 120 days after the date on 
     which the Secretaries receive the report submitted under 
     subsection (a), the Secretaries shall provide to the 
     congressional defense committees a briefing on any statutory 
     changes the Secretaries determine necessary to close gaps in 
     the coverage of mental health disorders under the TRICARE 
     program, including any such gaps identified in the report, to 
     bring such coverage into conformity with requirements under 
     mental health parity laws.
       (d) Definitions.--In this section:
       (1) The term ``mental health parity laws'' means--
       (A) section 2726 of the Public Health Service Act (42 
     U.S.C. 300gg-26);
       (B) section 712 of the Employee Retirement Income Security 
     Act of 1974 (29 U.S.C. 1185a);
       (C) section 9812 of the Internal Revenue Code of 1986; or
       (D) any other Federal law that applies the requirements 
     under any of the sections described in subparagraph (A), (B), 
     or (C), or requirements that are substantially similar to 
     those provided under any such section, as determined by the 
     Comptroller General of the United States.
       (2) The term ``Secretaries'' means--
       (A) the Secretary of Defense; and
       (B) with respect to any matters concerning the Coast Guard 
     when it is not operating as a service in the Department of 
     the Navy, the Secretary of Homeland Security.
       (3) The term ``TRICARE program'' has the meaning given such 
     term in section 1072 of title 10, United States Code.
                                 ______