S.Amdt. 3438

1. Adds SEC. 737. EXTENSION OF QUALIFICATION OF CERTAIN MENTAL HEALTH COUNSELORS UNDER THE TRICARE PROGRAM at the end of subtitle C of title VII

   Adds a section

   In S. 2410 · Placed on Calendar Senate

   (c) Eligible Beneficiaries Defined.--In this section, the term "eligible beneficiaries" means individuals who are eligible for health care and services through the military health care system.

   Inserted: SEC. 737. EXTENSION OF QUALIFICATION OF CERTAIN MENTAL HEALTH COUNSELORS UNDER THE TRICARE PROGRAM.

   Inserted: (a) In General.--Notwithstanding the interim final rule entitled "TRICARE: Certified Mental Health Counselors" prescribed by the Secretary of Defense and published on December 27, 2011, or any other provision of law--

   Inserted: (1) any mental health counselor who is, as of October 1, 2014, a qualified mental health provider under section 199.4 of title 32, Code of Federal Regulations, only while practicing under the supervision of a physician, shall continue to be a qualified mental health provider under such section for purposes of the TRICARE program until not earlier than December 31, 2015, if such mental health counselor maintains all qualifications to serve as a qualified mental health provider under such section (including practicing under the supervision of a physician); and

   Inserted: (2) any mental health counselor described in paragraph (1) shall remain eligible for reimbursement under the TRICARE program while continuing to qualify as a mental health provider under such section, in accordance with such paragraph.

   Inserted: (b) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report setting forth the following:

   Inserted: (1) The number of certified mental health counselors who are available to provide mental health counseling to beneficiaries of the TRICARE program, disaggregated by State and territory of the United States.

   Inserted: (2) The number of mental health counselors who are, as of the date of the submittal of the report, qualified mental health providers under section 199.4 of title 32, Code of Federal Regulations, in accordance with subsection (a)(1), only while practicing under the supervision of a physician, disaggregated by State and territory of the United States.

   Inserted: (3) An assessment of whether a sufficient number of certified mental health counselors will be available to provide mental health counseling to beneficiaries of the TRICARE program after December 31, 2015, or any later date to which the Secretary extends the qualification of mental health counselors described in paragraph (2) as qualified mental health providers pursuant to subsection (a)(1), with emphasis on the availability of certified mental health counselors--

   Inserted: (A) in Alaska;

   Inserted: (B) in predominantly rural States;

   Inserted: (C) in rural communities of States that are not predominantly rural States; and

   Inserted: (D) in the territories of the United States.

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   Inserted: (4) A description and assessment of the availability of the following:

   Inserted: (A) Mental health counseling and training programs accredited by the Council for Accreditation of Counseling and Related Educational Programs.

   Inserted: (B) Certified mental health counselors in States and territories of the United States in which such programs are not available.

   Inserted: (5) An assessment of the costs and benefits of requiring beneficiaries of the TRICARE program to abandon existing patient relationships with mental health counselors described in paragraph (2) after December 31, 2015, or any later date described in paragraph (3), including an assessment of the impact of that requirement on the continuity of mental health care to such beneficiaries.

   Inserted: (6) A description of any evidence available to the Secretary suggesting that patients of mental health counselors described in paragraph (2) under the TRICARE program are dissatisfied with their professional relationships with such counselors.

   Inserted: (7) A justification for the determination by the Secretary that it is necessary to eliminate the qualification of mental health counselors described in paragraph (2) under the TRICARE program to maintain high-quality services under such program, including whether evidence is available to the Secretary demonstrating that a statistically significant number of such mental health counselors currently credentialed as qualified mental health providers under such program are providing substandard care to beneficiaries of such program.

   Inserted: (8) An assessment of whether it is equitable to terminate experienced mental health counselors described in paragraph (2) from further participation under the TRICARE program in favor of potentially less experienced certified mental health counselors.

   Inserted: (9) A description of the obstacles faced by mental health counselors described in paragraph (2) who seek to become certified mental health counselors, including obstacles related to such mental health counselors not having graduated from an educational program certified by the Council of Accreditation of Counseling and Related Educational Programs.

   Inserted: (10) A description of any modifications to regulations that the Secretary intends to propose or implement in light of the following:

   Inserted: (A) The extension of qualification required by subsection (a).

   Inserted: (B) The matters covered by the report.

   Inserted: (c) Certified Mental Health Counselor Defined.--In this section, the term "certified mental health counselor" has the meaning given such term in section 199.6(c)(3)(iii)(N) of title 32, Code of Federal Regulations.

   Original wording

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

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As printed