What it changes

1 change to S. 3254 · shown in the bill's text

Adds a section
  1. Adds SEC. 704. CERTAIN TREATMENT OF AUTISM UNDER THE TRICARE PROGRAM at the end of subtitle A of title VII

    Adds a section

    In S. 3254 · Placed on Calendar Senate

    Section 717(a)(1) of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 106-104; 110 Stat. 376; 10 U.S.C. 1073 note) is amended by striking "military retirees" and inserting "members of the Armed Forces (whether in the regular or reserve components) and their dependents, military retirees and their dependents, dependent children under the age of 21, and dependents of members on active duty with severe disabilities and chronic health care needs".

    Inserted: SEC. 704. CERTAIN TREATMENT OF AUTISM UNDER THE TRICARE PROGRAM.

    Inserted: (a) In General.--Section 1077 of title 10, United States Code, is amended by adding at the end the following new subsection:

    Inserted: "(g)(1) In providing health care under subsection (a) to a covered beneficiary described in paragraph (3)(A), the treatment of autism spectrum disorders shall include behavioral health treatment, including applied behavior analysis, when prescribed by a physician.

    Inserted: "(2) In carrying out this subsection, the Secretary shall ensure that--

    Inserted: "(A) except as provided by subparagraph (B), a person who is authorized to provide behavioral health treatment is licensed or certified by a State or accredited national certification board; and

    Inserted: "(B) if applied behavior analysis or other behavioral health treatment is provided by an employee or contractor of a person described in subparagraph (A), the employee or contractor shall meet minimum qualifications, training, and supervision requirements as set forth by the Secretary who shall ensure that covered beneficiaries have appropriate access to care in accordance with best practice guidelines.

    Inserted: "(3)(A) A covered beneficiary described in this subparagraph is a covered beneficiary who is a beneficiary by virtue of--

    Inserted: "(i) service in the armed forces (not including the Coast Guard);

    Inserted: "(ii) current service on active duty in the Coast Guard, or those members of the Coast Guard Reserve who are enrolled in the TRICARE program;

    Inserted: "(iii) current service on active duty in the Commissioned Corps of the National Oceanic and Atmospheric Administration or the Commissioned Corps of the Public Health Service; or

    Inserted: "(iv) being a dependent of a member covered by clause (i) or of a member of a service covered by clause (ii) or (iii).

    Inserted: "(B) Nothing in this subsection shall be construed as limiting or otherwise affecting the benefits otherwise provided under this chapter to a covered beneficiary who is a beneficiary by virtue of--

    Show 10 more inserted paragraphs

    Inserted: "(i) service in the Coast Guard, the Commissioned Corp of the National Oceanic and Atmospheric Administration, or the Commissioned Corp of the Public Health Service; or

    Inserted: "(ii) being a dependent of a member of a service described in clause (i).

    Inserted: "(C) This subsection shall not apply to a medicare-eligible beneficiary (as defined in section 1111(b) of this title).

    Inserted: "(D) Except as provided in subparagraph (C), nothing in this subsection shall be construed as limiting or otherwise affecting the benefits provided to a medicare-eligible beneficiary under--

    Inserted: "(i) this chapter;

    Inserted: "(ii) part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.); or

    Inserted: "(iii) any other law.".

    Inserted: (b) Funding.--

    Inserted: (1) Increase.--The amount authorized to be appropriated for fiscal year 2013 by section 1406 and available for the Defense Health Program for Private Sector Care as specified in the funding table in section 4501 is hereby increased by $30,000,000, with the amount of the increase to be available for the provision of care in accordance with subsection (g) of section 1077 of title 10, United States Code (as added by subsection (a) of this section).

    Inserted: (2) Offset.--The amount authorized to be appropriated for fiscal year 2013 by section 301 for Operation and Maintenance and available as specified in the funding table in section 4301 is hereby reduced by $30,000,000.

    Original wording

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

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 2993. Mrs. GILLIBRAND (for herself, Mr. Lieberman, Mr. Blumenthal, Mr. Kerry, Mr. Brown of Massachusetts, Mr. Begich, and Mr. Menendez) submitted an amendment intended to be proposed by her to the bill S. 3254, to authorize appropriations for fiscal year 2013 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. 704. CERTAIN TREATMENT OF AUTISM UNDER THE TRICARE PROGRAM.

(a) In General.--Section 1077 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(g)(1) In providing health care under subsection (a) to a covered beneficiary described in paragraph (3)(A), the treatment of autism spectrum disorders shall include behavioral health treatment, including applied behavior analysis, when prescribed by a physician.

“(2) In carrying out this subsection, the Secretary shall ensure that--

“(A) except as provided by subparagraph (B), a person who is authorized to provide behavioral health treatment is licensed or certified by a State or accredited national certification board; and

“(B) if applied behavior analysis or other behavioral health treatment is provided by an employee or contractor of a person described in subparagraph (A), the employee or contractor shall meet minimum qualifications, training, and supervision requirements as set forth by the Secretary who shall ensure that covered beneficiaries have appropriate access to care in accordance with best practice guidelines.

“(3)(A) A covered beneficiary described in this subparagraph is a covered beneficiary who is a beneficiary by virtue of--

“(i) service in the armed forces (not including the Coast Guard);

“(ii) current service on active duty in the Coast Guard, or those members of the Coast Guard Reserve who are enrolled in the TRICARE program;

“(iii) current service on active duty in the Commissioned Corps of the National Oceanic and Atmospheric Administration or the Commissioned Corps of the Public Health Service; or

“(iv) being a dependent of a member covered by clause (i) or of a member of a service covered by clause (ii) or (iii).

“(B) Nothing in this subsection shall be construed as limiting or otherwise affecting the benefits otherwise provided under this chapter to a covered beneficiary who is a beneficiary by virtue of--

“(i) service in the Coast Guard, the Commissioned Corp of the National Oceanic and Atmospheric Administration, or the Commissioned Corp of the Public Health Service; or

“(ii) being a dependent of a member of a service described in clause (i).

“(C) This subsection shall not apply to a medicare-eligible beneficiary (as defined in section 1111(b) of this title).

“(D) Except as provided in subparagraph (C), nothing in this subsection shall be construed as limiting or otherwise affecting the benefits provided to a medicare-eligible beneficiary under--

“(i) this chapter;

“(ii) part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.); or

“(iii) any other law.”.

(b) Funding.--

(1) Increase.--The amount authorized to be appropriated for fiscal year 2013 by section 1406 and available for the Defense Health Program for Private Sector Care as specified in the funding table in section 4501 is hereby increased by $30,000,000, with the amount of the increase to be available for the provision of care in accordance with subsection (g) of section 1077 of title 10, United States Code (as added by subsection (a) of this section).

(2) Offset.--The amount authorized to be appropriated for fiscal year 2013 by section 301 for Operation and Maintenance and available as specified in the funding table in section 4301 is hereby reduced by $30,000,000.

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Senate amendment submitted

November 27, 2012