I 

118TH CONGRESS 

2D SESSION H. R. 8633 

To amend title 10, United States Code, to direct the Secretary of Defense 

to limit copayments for outpatient visits for mental health or behavioral 

health under the TRICARE program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 5, 2024 

Ms. HOULAHAN (for herself and Mr. RESCHENTHALER) introduced the 

following bill; which was referred to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to direct the Secretary of Defense to limit copayments for outpatient 

visits for mental health or behavioral health under the 

TRICARE program, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop Copay Overpay 

5 Act’’. 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•HR 8633 IH

1 SEC. 2. LIMITATION ON COPAYMENTS FOR OUTPATIENT 

2 VISITS FOR MENTAL OR BEHAVIORAL 

3 HEALTH UNDER TRICARE PROGRAM. 

4 (a) LIMITATION ON MENTAL OR BEHAVIORAL

5 HEALTH COPAYMENTS.— 

6 (1) LIMITATION.—Chapter 55 of title 10, 

7 United States Code, is amended by inserting after 

8 the item relating to section 1075a the following new 

9 section: 

10 ‘‘§ 1075b. TRICARE program: limitation on copay11 ments for certain mental or behavioral 

12 health visits 

13 ‘‘(a) LIMITATION ON COPAYMENTS.—Notwith14 standing any other provision under this chapter, the Sec15 retary of Defense may not charge to a covered individual 

16 a copayment in an amount greater than the amount de17 scribed in subsection (b) for an outpatient visit for mental 

18 health or behavioral health under the TRICARE program, 

19 regardless of whether such outpatient visit is furnished by 

20 a specialty care provider. 

21 ‘‘(b) AMOUNT DESCRIBED.—The amount described 

22 in this subsection is the amount of a copayment that 

23 would be charged to the covered individual under the 

24 TRICARE Program for an outpatient visit for primary 

25 care services during the year in which the covered indi26 vidual is being charged pursuant to subsection (a). 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•HR 8633 IH

1 ‘‘(c) COVERED INDIVIDUAL DEFINED.—In this sec2 tion, the term ‘covered individual’ means any individual 

3 enrolled under the TRICARE program, regardless of the 

4 beneficiary category of the individual with respect to such 

5 program or the duty status of the individual.’’. 

6 (2) CLERICAL AMENDMENT.—The table of sec7 tions for such chapter is amended by inserting after 

8 the item relating to section 1075a the following new 

9 section: 

‘‘1075b. TRICARE program: limitation on copayments for certain mental or behavioral health visits.’’. 

10 (3) APPLICABILITY.—The amendments made 

11 by this subsection shall apply with respect to out12 patient visits for mental or behavioral health occur13 ring on or after the date of the enactment of this 

14 Act. 

15 (b) TEMPORARY LIMITATION ON OTHER SPECIALTY

16 CARE COPAYMENTS.— 

17 (1) TEMPORARY LIMITATION.—During the one18 year period beginning on the date of the enactment 

19 of this Act, the Secretary of Defense may not in20 crease the amount of a copayment charged to a cov21 ered individual for any service described in para22 graph (2) beyond the amount that the Secretary 

23 would have charged to the covered individual for 

24 such service during fiscal year 2021. 


ssavage on LAPJG3WLY3PROD with BILLS
4 

•HR 8633 IH

1 (2) SERVICES DESCRIBED.—A service described 

2 in this paragraph is a service— 

3 (A) that is furnished to a covered indi4 vidual by a specialty care provider under the 

5 TRICARE program; and 

6 (B) that is not covered under section 

7 1075b of title 10, United States Code, as added 

8 by subsection (a). 

9 (3) APPLICABILITY.—The limitation on copay10 ments specified in paragraph (1) shall apply with re11 spect to specialty care received on or after the date 

12 of the enactment of this Act. 

13 (c) REPORT ON EFFECTS OF LIMITATIONS.—Not 

14 later than one year after the date of the enactment of this 

15 Act, the Secretary shall submit to the Committees on 

16 Armed Services of the House of Representatives and the 

17 Senate a report on how the limitation under section 1075b 

18 of title 10, United States Code (as added by subsection 

19 (a)) has affected, or may affect, the health care system 

20 of the Department of Defense. Such report shall include— 

21 (1) any findings by the Secretary as to whether 

22 the limitation under such section 1075b may result 

23 in an increase in copayments charged for services 

24 described in subsection (b)(2) after the period speci25 fied in subsection (b)(1) concludes; and 


ssavage on LAPJG3WLY3PROD with BILLS
5 

•HR 8633 IH

1 (2) recommendations by the Secretary on how 

2 to avoid such an increase, as applicable. 

3 (d) DEFINITIONS.—In this section: 

4 (1) The term ‘‘covered individual’’ has the 

5 meaning given such term in section 1075b of title 

6 10, United States Code, as added by subsection (a). 

7 (2) The term ‘‘TRICARE program’’ has the 

8 meaning given such term in section 1072 of such 

9 title. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS