S.Amdt. 536

SA 536. Mrs. SHAHEEN submitted an amendment intended to be proposed
by her to the bill S. 2226, to authorize appropriations for fiscal year
2024 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 appropriate place in title VII, insert the
following:

SEC. 7__. CONTRACEPTION COVERAGE PARITY UNDER THE TRICARE
PROGRAM.

(a) Pharmacy Benefits Program.--Section 1074g(a)(6) of
title 10, United States Code, is amended by adding at the end
the following new subparagraph:
``(D) Notwithstanding subparagraphs (A), (B), and (C),
cost-sharing requirements may not be imposed and cost-sharing
amounts may not be collected with respect to any eligible
covered beneficiary for any prescription contraceptive on the
uniform formulary provided through a retail pharmacy
described in paragraph (2)(E)(ii) or through the national
mail-order pharmacy program.''.
(b) TRICARE Select.--Section 1075 of such title is
amended--
(1) in subsection (c), by adding at the end the following
new paragraph:
``(4)(A) Notwithstanding any other provision of this
section, cost-sharing requirements may not be imposed and
cost-sharing amounts may not be collected with respect to any
beneficiary under this section for a service described in
subparagraph (B) that is provided by a network provider.
``(B) A service described in this subparagraph is any
contraceptive method approved, cleared, or authorized under
section 505, 510(k), 513(f)(2), or 515 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355, 360(k), 360c(f)(2),
360e), any contraceptive care (including with respect to
insertion, removal, and follow up), any sterilization
procedure, or any patient education or counseling service
provided in connection with any such contraceptive, care, or
procedure.''; and
(2) in subsection (f), by striking ``calculated as'' and
inserting ``calculated (except as provided in subsection
(c)(4)) as''.
(c) TRICARE Prime.--Section 1075a of such title is amended
by adding at the end the following new subsection:
``(d) Prohibition on Cost-Sharing for Certain Services.--
(1) Notwithstanding subsections (a), (b), and (c), cost-
sharing requirements may not be imposed and cost-sharing
amounts may not be collected with respect to any beneficiary
enrolled in TRICARE Prime for a service described in
paragraph (2) that is provided under TRICARE Prime.
``(2) A service described in this paragraph is any
contraceptive method approved, cleared, or authorized under
section 505, 510(k), 513(f)(2), or 515 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355, 360(k), 360c(f)(2),
360e), any contraceptive care (including with respect to
insertion, removal, and follow up), any sterilization
procedure, or any patient education or counseling service
provided in connection with any such contraceptive, care, or
procedure.''.
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