What it changes

1 change to S.Amdt. 5499

Adds a section
  1. Adds SEC. 753. COMPTROLLER GENERAL STUDY ON COVERAGE OF MENTAL HEALTH DISORDERS UNDER TRICARE PROGRAM AND RELATIONSHIP TO CERTAIN MENTAL HEALTH PARITY LAWS at the end of subtitle C of title VII

    Adds a section

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

    Inserted: (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--

    Inserted: (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

    Inserted: (2) submit a report containing the findings of such study to--

    Inserted: (A) the Secretary of Defense and the congressional defense committees; and

    Inserted: (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.

    Inserted: (b) Matters To Be Included.--The report under subsection (a)(2) shall include the following:

    Inserted: (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).

    Inserted: (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.

    Inserted: (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.

    Inserted: (4) A list of each mental or behavioral health care provider type that is not an authorized provider type under the TRICARE program.

    Inserted: (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:

    Show 15 more inserted paragraphs

    Inserted: (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.

    Inserted: (B) The adequacy of the TRICARE program network to support such modification.

    Inserted: (C) Potential effects of such modification on access to care by beneficiaries under the TRICARE program.

    Inserted: (D) Such other matters as may be determined appropriate by the Comptroller General.

    Inserted: (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.

    Inserted: (d) Definitions.--In this section:

    Inserted: (1) The term "mental health parity laws" means--

    Inserted: (A) section 2726 of the Public Health Service Act (42 U.S.C. 300gg-26);

    Inserted: (B) section 712 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185a);

    Inserted: (C) section 9812 of the Internal Revenue Code of 1986; or

    Inserted: (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.

    Inserted: (2) The term "Secretaries" means--

    Inserted: (A) the Secretary of Defense; and

    Inserted: (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.

    Inserted: (3) The term "TRICARE program" has the meaning given such term in section 1072 of title 10, United States Code.

    Original wording

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

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

As printed

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.

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Senate amendment submitted

September 29, 2022