I 

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. 

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 ‘‘Caring for Military 

5 Children with Developmental Disabilities Act of 2014’’. 


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1 SEC. 2. BEHAVIORAL HEALTH TREATMENT OF DEVELOP2 MENTAL DISABILITIES UNDER THE TRICARE 

3 PROGRAM. 

4 (a) BEHAVIORAL HEALTH TREATMENT OF DEVEL5 OPMENTAL DISABILITIES UNDER TRICARE.—Section 

6 1077 of title 10, United States Code, is amended by add7 ing at the end the following new subsection: 

8 ‘‘(g)(1) Subject to paragraph (4), in providing health 

9 care under subsection (a), the treatment of developmental 

10 disabilities (as defined by section 102(8) of the Develop11 mental Disabilities Assistance and Bill of Rights Act of 

12 2000 (42 U.S.C. 15002(8))), including autism spectrum 

13 disorder, shall include behavioral health treatment, includ14 ing applied behavior analysis, when prescribed by a physi15 cian or psychologist. 

16 ‘‘(2) In carrying out this subsection, the Secretary 

17 shall ensure that— 

18 ‘‘(A) except as provided by subparagraph (B), 

19 behavioral health treatment is provided pursuant to 

20 this subsection— 

21 ‘‘(i) in the case of such treatment provided 

22 in a State that requires licensing or certifi23 cation of applied behavioral analysts by State 

24 law, by an individual who is licensed or certified 

25 to practice applied behavioral analysis in ac26 cordance with the laws of the State; or 


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1 ‘‘(ii) in the case of such treatment provided 

2 in a State other than a State described in 

3 clause (i), by an individual who is licensed or 

4 certified by a State or an accredited national 

5 certification board; and 

6 ‘‘(B) applied behavior analysis or other behav7 ioral health treatment may be provided by an em8 ployee, contractor, or trainee of a person described 

9 in subparagraph (A) if the employee, contractor, or 

10 trainee meets minimum qualifications, training, and 

11 supervision requirements as set forth in applicable 

12 State law, by an appropriate accredited national cer13 tification board, or by the Secretary. 

14 ‘‘(3)(A) This subsection shall not apply to a medicare 

15 eligible beneficiary (as defined in section 1111(b) of this 

16 title). 

17 ‘‘(B) Nothing in this subsection shall be construed 

18 as limiting or otherwise affecting the benefits provided to 

19 a covered beneficiary under— 

20 ‘‘(i) this chapter; 

21 ‘‘(ii) title XVIII of the Social Security Act (42 

22 U.S.C. 1395 et seq.); or 

23 ‘‘(iii) any other law. 

24 ‘‘(4) In addition to the requirement under section 

25 1100(c)(1) of this title, with respect to retired members 


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1 of the Coast Guard, the Commissioned Corps of the Na2 tional Oceanic and Atmospheric Administration, or the 

3 Commissioned Corps of the Public Health Service, or de4 pendents of any such retired members, treatment shall be 

5 provided under this subsection in a fiscal year only to the 

6 extent that amounts are specifically provided in advance 

7 in appropriations Acts for the Defense Health Program 

8 Account for the provision of such treatment for such fiscal 

9 year.’’. 

10 (b) FUNDING.—Section 1100 of title 10, United 

11 States Code, is amended— 

12 (1) by redesignating subsection (c) as sub13 section (d); and 

14 (2) by inserting after subsection (b) the fol15 lowing new subsection (c): 

16 ‘‘(c) BEHAVIORAL HEALTH TREATMENT OF DEVEL17 OPMENTAL DISABILITIES.—(1) Funds for treatment 

18 under section 1077(g) of this title may be derived only 

19 from the Defense Health Program Account. Notwith20 standing any other provision of law, such funds may not 

21 be reimbursed from any account that would otherwise pro22 vide funds for the treatment of retired members of the 

23 Coast Guard, the Commissioned Corps of the National 

24 Oceanic and Atmospheric Administration, or the CommisVerDate Mar 15 2010 22:03 May 16, 2014 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4630.IH H4630

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1 sioned Corps of the Public Health Service, or dependents 

2 of any such retired members. 

3 ‘‘(2) As provided for in paragraph (4) of section 

4 1077(g), with respect to retired members of the Coast 

5 Guard, the Commissioned Corps of the National Oceanic 

6 and Atmospheric Administration, or the Commissioned 

7 Corps of the Public Health Service, or dependents of any 

8 such retired members, treatment under such section shall 

9 be provided in a fiscal year only to the extent that 

10 amounts are specifically provided in advance in appropria11 tions Acts for the Defense Health Program Account for 

12 the provision of such treatment for such fiscal year.’’. 

13 (c) SENSE OF CONGRESS.—It is the sense of Con14 gress that amounts should be appropriated for behavioral 

15 health treatment of TRICARE beneficiaries, pursuant to 

16 the amendments made by this section, in a manner to en17 sure the appropriate and equitable access to such treat18 ment by all such beneficiaries. 

Æ 


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