Caring for Military Children with Developmental Disabilities Act of 2014 - Includes in the treatment of military dependents' developmental disabilities under the Department of Defense (DOD) TRICARE program behavioral health treatment, including applied behavior analysis, that is prescribed by a physician or psychologist.
Makes such behavioral health treatment available to retired members of the Coast Guard, the Commissioned Corps of the National Oceanic and Atmospheric Administration (NOAA), the Commissioned Corps of Public Health Service, or their dependents only to the extent that amounts are specifically appropriated to the Defense Health Program Account for their coverage.
Expresses the sense of Congress that amounts should be appropriated for the behavioral health treatment of TRICARE beneficiaries in a manner that ensures that all beneficiaries receive appropriate and equitable access to such treatment.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4630 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4630
To amend title 10, United States Code, to provide for certain
behavioral health treatment under TRICARE for children and adults with
developmental disabilities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 9, 2014
Mr. Larson of Connecticut (for himself and Mr. Rooney) introduced the
following bill; which was referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to provide for certain
behavioral health treatment under TRICARE for children and adults with
developmental disabilities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Caring for Military Children with
Developmental Disabilities Act of 2014''.
SEC. 2. 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 or psychologist.
``(2) In carrying out this subsection, the Secretary shall ensure
that--
``(A) except as provided by subparagraph (B), behavioral
health treatment is provided pursuant to this subsection--
``(i) in the case of such treatment provided in a
State that requires licensing or certification of
applied behavioral analysts by State law, by an
individual who is licensed or certified to practice
applied behavioral analysis in accordance with the laws
of the State; or
``(ii) in the case of such treatment provided in a
State other than a State described in clause (i), by an
individual who is licensed or certified by a State or
an 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 in
applicable State law, by an appropriate accredited national
certification board, or by the Secretary.
``(3)(A) This subsection shall not apply to a medicare eligible
beneficiary (as defined in section 1111(b) of this title).
``(B) Nothing in this subsection shall be construed as limiting or
otherwise affecting the benefits provided to a covered beneficiary
under--
``(i) this chapter;
``(ii) title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.); or
``(iii) any other law.
``(4) In addition to the requirement under section 1100(c)(1) of
this title, with respect to retired members of the Coast Guard, the
Commissioned Corps of the National Oceanic and Atmospheric
Administration, or the Commissioned Corps of the Public Health Service,
or dependents of any such retired members, treatment shall be provided
under this subsection in a fiscal year only to the extent that amounts
are specifically provided in advance in appropriations Acts for the
Defense Health Program Account for the provision of such treatment for
such fiscal year.''.
(b) Funding.--Section 1100 of title 10, United States Code, is
amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Behavioral Health Treatment of Developmental Disabilities.--
(1) Funds for treatment under section 1077(g) of this title may be
derived only from the Defense Health Program Account. Notwithstanding
any other provision of law, such funds may not be reimbursed from any
account that would otherwise provide funds for the treatment of retired
members of the Coast Guard, the Commissioned Corps of the National
Oceanic and Atmospheric Administration, or the Commissioned Corps of
the Public Health Service, or dependents of any such retired members.
``(2) As provided for in paragraph (4) of section 1077(g), with
respect to retired members of the Coast Guard, the Commissioned Corps
of the National Oceanic and Atmospheric Administration, or the
Commissioned Corps of the Public Health Service, or dependents of any
such retired members, treatment under such section shall be provided in
a fiscal year only to the extent that amounts are specifically provided
in advance in appropriations Acts for the Defense Health Program
Account for the provision of such treatment for such fiscal year.''.
(c) Sense of Congress.--It is the sense of Congress that amounts
should be appropriated for behavioral health treatment of TRICARE
beneficiaries, pursuant to the amendments made by this section, in a
manner to ensure the appropriate and equitable access to such treatment
by all such beneficiaries.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
Referred to the Subcommittee on Military Personnel.
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