I 

115TH CONGRESS 

1ST SESSION H. R. 1064 

To authorize an individual who is transitioning from receiving treatment 

furnished by the Secretary of Defense to treatment furnished by the 

Secretary of Veterans Affairs to continue receiving treatment from such 

individual’s mental health care provider of the Department of Defense, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 15, 2017 

Mr. O’ROURKE (for himself and Mr. JONES) introduced the following bill; 

which was referred to the Committee on Armed Services, and in addition 

to the Committee on Veterans’ Affairs, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To authorize an individual who is transitioning from receiving treatment furnished by the Secretary of Defense 

to treatment furnished by the Secretary of Veterans Affairs to continue receiving treatment from such individual’s mental health care provider of the Department 

of Defense, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Mental Health Care 

3 Provider Retention Act of 2017’’. 

4 SEC. 2. RETENTION OF MENTAL HEALTH CARE PROVIDER. 

5 (a) IN GENERAL.—During the transition from receiv6 ing treatment furnished by the Secretary of Defense to 

7 treatment furnished by the Secretary of Veterans Affairs, 

8 a covered individual may elect to continue receiving treat9 ment from such individual’s mental health care provider 

10 of the Department of Defense. 

11 (b) PRIORITY.—A covered individual shall receive the 

12 same level of priority as members of the Armed Forces 

13 at the military medical treatment facility at which the cov14 ered individual has elected to continue treatment. 

15 (c) REIMBURSEMENT OF COSTS.—The Secretary of 

16 Veterans Affairs shall reimburse the Secretary of Defense 

17 for services rendered pursuant to subsection (a), if such 

18 services would have otherwise been furnished by the Sec19 retary of Veterans Affairs. 

20 (d) DEPARTURE OF MENTAL HEALTH CARE PRO21 VIDER.—In the event that the mental health care provider 

22 described under subsection (a) departs the military med23 ical treatment facility at which the covered individual is 

24 receiving treatment, such individual may elect to obtain 

25 the services of— 


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1 (1) a different mental health care provider at 

2 the same military medical treatment facility; or 

3 (2) a mental health care provider of the De4 partment of Veterans Affairs. 

5 (e) DEPARTURE OF COVERED INDIVIDUAL.—In the 

6 event that the covered individual relocates and is unable 

7 to reasonably receive care at the military medical treat8 ment facility at which such individual has elected to con9 tinue treatment under subsection (a), such individual shall 

10 transition to receiving treatment from a mental health 

11 care provider of the Department of Veterans Affairs. 

12 (f) MEDICAL RECORDS.—The Secretary of Veterans 

13 Affairs shall ensure that any mental health care provider 

14 of the Department of Defense that furnishes care or serv15 ices under this section to a covered individual submits to 

16 the Department of Veterans Affairs a copy of any medical 

17 record related to the care or services provided to such indi18 vidual by such mental health care provider for inclusion 

19 in the electronic medical record of such individual main20 tained by the Department of Veterans Affairs upon such 

21 individual’s transition to receiving treatment from a men22 tal health care provider of the Department of Veterans 

23 Affairs. 

24 (g) DEFINITION OF COVERED INDIVIDUAL.—In this 

25 section, the term ‘‘covered individual’’ means an individual 


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1 who has been diagnosed with a mental health condition 

2 and— 

3 (1) is enrolling in the patient enrollment system 

4 of the Department of Veterans Affairs, established 

5 by section 1705 of title 38, United States Code; or 

6 (2) has enrolled in the patient enrollment sys7 tem of the Department of Veterans Affairs and is 

8 still in transition from receiving treatment furnished 

9 by the Secretary of Defense, as determined by the 

10 Secretary of Veterans Affairs. 

Æ 


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