S.Amdt. 2265
What it does: Adds Subtitle A--TRICARE Program SEC. 701. BEHAVIORAL HEALTH TREATMENT OF DEVELOPMENTAL DISABILITIES UNDER THE TRICARE PROGRAM on page 226, between lines 14 and 15What it changes
1 change to S. 1197
Adds Subtitle A--TRICARE Program SEC. 701. BEHAVIORAL HEALTH TREATMENT OF DEVELOPMENTAL DISABILITIES UNDER THE TRICARE PROGRAM on page 226, between lines 14 and 15
Adds a sectionPrinted pageInserted: Subtitle A--TRICARE Program SEC. 701. BEHAVIORAL HEALTH TREATMENT OF DEVELOPMENTAL DISABILITIES UNDER THE TRICARE PROGRAM.
Inserted: (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:
Inserted: "(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.
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) 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 by the Secretary.
Inserted: "(3) Nothing in this subsection shall be construed as limiting or otherwise affecting the benefits provided to a covered beneficiary under--
Inserted: "(A) this chapter;
Inserted: "(B) title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); or
Inserted: "(C) any other law.
Inserted: "(4)(A) Treatment may be provided under this subsection in a fiscal year only to the extent that amounts are provided in advance in appropriations Acts for the provision of such treatment for such fiscal year in the Defense Dependents Developmental Disabilities Account.
Inserted: "(B) Funds for treatment under this subsection may be derived only from the Defense Dependents Developmental Disabilities Account.".
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Inserted: (b) Defense Dependents Developmental Disabilities Account.--
Inserted: (1) Establishment.--
Inserted: (A) In general.--There is hereby established on the books of the Treasury an account to be known as the "Defense Dependents Developmental Disabilities Account" (in this subsection referred to as the "Account").
Inserted: (B) Separate account.--The Account shall be a separate account for the Department of Defense, and shall not be a subaccount within the Defense Health Program account of the Department.
Inserted: (2) Elements.--The Account shall consist of amounts authorized to be appropriated or transferred to the account pursuant to paragraph (5).
Inserted: (3) Excluded sources of elements.--Amounts in the Account may not be derived from transfers from the following:
Inserted: (A) The Department of Defense Medicare-Eligible Retiree Health Care Fund under chapter 56 of title 10, United States Code.
Inserted: (B) The Coast Guard Retired Pay Account.
Inserted: (C) The National Oceanic and Atmospheric Administration Operations, Research, and Facilities Account.
Inserted: (D) The Public Health Service Retirement Pay and Medical Benefits for Commissioned Officers Account.
Inserted: (4) Availability.--Amounts in the Account shall be available for the treatment of developmental disabilities in covered beneficiaries pursuant to subsection (g) of section 1077 of title 10, United States Code (as added by subsection (a)). Amounts in the Account shall be so available until expended.
Inserted: (5) Funding.--
Inserted: (A) Authorization of appropriations.--There is hereby authorized to be appropriated for fiscal year 2014 for the Department of Defense for the Defense Dependents Developmental Disabilities Account, $60,000,000.
Inserted: (B) Offset.--The amount authorized to be appropriated for fiscal year 2014 by section 301 for Operation and Maintenance and available for the Office of the Secretary of Defense as specified in the funding table in section 4301 is hereby reduced by $60,000,000.
Inserted: (C) Transfer for continuation of existing services.--From amounts authorized to be appropriated for fiscal year 2014 by section 1406 and available for the Defense Health Program for Operation and Maintenance as specified in the funding table in section 4501, there is hereby transferred to the Defense Dependents Developmental Disabilities Account, $140,000,000.
Original wording
On page 226, between lines 14 and 15, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 2265. Mrs. MURRAY (for herself, Mrs. Gillibrand, Mr. Harkin, Mr. Wyden, Mr. Schatz, Mr. Donnelly, Mr. Brown, Mr. Menendez, Mr. Blumenthal, Ms. Hirono, and Mr. Begich) submitted an amendment intended to be proposed by her to the bill S. 1197, to authorize appropriations for fiscal year 2014 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:
On page 226, between lines 14 and 15, insert the following:
Subtitle A--TRICARE Program SEC. 701. 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.
“(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) 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 by the Secretary.
“(3) Nothing in this subsection shall be construed as limiting or otherwise affecting the benefits provided to a covered beneficiary under--
“(A) this chapter;
“(B) title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); or
“(C) any other law.
“(4)(A) Treatment may be provided under this subsection in a fiscal year only to the extent that amounts are provided in advance in appropriations Acts for the provision of such treatment for such fiscal year in the Defense Dependents Developmental Disabilities Account.
“(B) Funds for treatment under this subsection may be derived only from the Defense Dependents Developmental Disabilities Account.”.
(b) Defense Dependents Developmental Disabilities Account.--
(1) Establishment.--
(A) In general.--There is hereby established on the books of the Treasury an account to be known as the “Defense Dependents Developmental Disabilities Account” (in this subsection referred to as the “Account”).
(B) Separate account.--The Account shall be a separate account for the Department of Defense, and shall not be a subaccount within the Defense Health Program account of the Department.
(2) Elements.--The Account shall consist of amounts authorized to be appropriated or transferred to the account pursuant to paragraph (5).
(3) Excluded sources of elements.--Amounts in the Account may not be derived from transfers from the following:
(A) The Department of Defense Medicare-Eligible Retiree Health Care Fund under chapter 56 of title 10, United States Code.
(B) The Coast Guard Retired Pay Account.
(C) The National Oceanic and Atmospheric Administration Operations, Research, and Facilities Account.
(D) The Public Health Service Retirement Pay and Medical Benefits for Commissioned Officers Account.
(4) Availability.--Amounts in the Account shall be available for the treatment of developmental disabilities in covered beneficiaries pursuant to subsection (g) of section 1077 of title 10, United States Code (as added by subsection (a)). Amounts in the Account shall be so available until expended.
(5) Funding.--
(A) Authorization of appropriations.--There is hereby authorized to be appropriated for fiscal year 2014 for the Department of Defense for the Defense Dependents Developmental Disabilities Account, $60,000,000.
(B) Offset.--The amount authorized to be appropriated for fiscal year 2014 by section 301 for Operation and Maintenance and available for the Office of the Secretary of Defense as specified in the funding table in section 4301 is hereby reduced by $60,000,000.
(C) Transfer for continuation of existing services.--From amounts authorized to be appropriated for fiscal year 2014 by section 1406 and available for the Defense Health Program for Operation and Maintenance as specified in the funding table in section 4501, there is hereby transferred to the Defense Dependents Developmental Disabilities Account, $140,000,000.
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Senate amendment submitted
November 19, 2013