[Congressional Record Volume 170, Number 121 (Thursday, July 25, 2024)]
[Senate]
[Page S5524]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3180. Mr. CASEY submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 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 A of title VII, add the following:

     SEC. 710. LIMITATION ON COPAYMENTS FOR OUTPATIENT VISITS FOR 
                   MENTAL OR BEHAVIORAL HEALTH UNDER TRICARE 
                   PROGRAM.

       (a) Limitation on Mental or Behavioral Health Copayments.--
       (1) Limitation.--Chapter 55 of title 10, United States 
     Code, is amended by inserting after the item relating to 
     section 1075a the following new section:

     ``Sec. 1075b. TRICARE program: limitation on copayments for 
       certain mental or behavioral health visits

       ``(a) Limitation on Copayments.--Notwithstanding any other 
     provision of this chapter, the Secretary of Defense may not 
     charge to a covered individual a copayment in an amount 
     greater than the amount described in subsection (b) for an 
     outpatient visit for mental health or behavioral health under 
     the TRICARE program, regardless of whether such outpatient 
     visit is furnished by a specialty care provider.
       ``(b) Amount Described.--The amount described in this 
     subsection with respect to a covered individual is the amount 
     of a copayment that would be charged to the covered 
     individual under the TRICARE program for an outpatient visit 
     for primary care services during the year in which the 
     covered individual is being charged pursuant to subsection 
     (a).
       ``(c) Covered Individual Defined.--In this section, the 
     term `covered individual' means an individual enrolled under 
     the TRICARE program, regardless of the beneficiary category 
     of the individual with respect to such program or the duty 
     status of the individual.''.
       (2) Clerical amendment.--The table of sections for such 
     chapter is amended by inserting after the item relating to 
     section 1075a the following new section:

``1075b. TRICARE program: limitation on copayments for certain mental 
              or behavioral health visits.''.
       (3) Applicability.--The amendments made by this subsection 
     shall apply with respect to outpatient visits for mental or 
     behavioral health occurring on or after the date of the 
     enactment of this Act.
       (b) Temporary Limitation on Other Specialty Care 
     Copayments.--
       (1) Temporary limitation.--During the one-year period 
     beginning on the date of the enactment of this Act, the 
     Secretary of Defense may not increase the amount of a 
     copayment charged to a covered individual for any service 
     described in paragraph (2) beyond the amount that the 
     Secretary would have charged to the covered individual for 
     such service during fiscal year 2021.
       (2) Services described.--A service described in this 
     paragraph is a service--
       (A) that is furnished to a covered individual by a 
     specialty care provider under the TRICARE program; and
       (B) that is not covered under section 1075b of title 10, 
     United States Code, as added by subsection (a).
       (3) Applicability.--The limitation on copayments specified 
     in paragraph (1) shall apply with respect to specialty care 
     received on or after the date of the enactment of this Act.
       (c) Report on Effects of Limitations.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the Committee on Armed Services of the Senate and 
     the Committee on Armed Services of the House of 
     Representatives a report on how the limitation under section 
     1075b of title 10, United States Code (as added by subsection 
     (a)), has affected, or may affect, the health care system of 
     the Department of Defense.
       (2) Elements.--The report required under paragraph (1) 
     shall include--
       (A) any findings by the Secretary as to whether the 
     limitation under section 1075b of title 10, United States 
     Code (as added by subsection (a)), may result in an increase 
     in copayments charged for services described in subsection 
     (b)(2) after the period specified in subsection (b)(1) 
     concludes; and
       (B) recommendations by the Secretary on how to avoid such 
     an increase, as applicable.
       (d) Definitions.--In this section:
       (1) Covered individual.--The term ``covered individual'' 
     has the meaning given that term in section 1075b of title 10, 
     United States Code, as added by subsection (a).
       (2) TRICARE program.--The term ``TRICARE program'' has the 
     meaning given that term in section 1072 of such title.

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