(2) by adding at the end the following new sub-
section: 
‘‘(g)(1) For purposes of subsection (a)(18), treatment 
of autism spectrum disorders shall be provided if a health 
care professional determines that the treatment is medi-
cally necessary. Such treatment shall include the following: 
‘‘(A) Habilitative or rehabilitative care. 
‘‘(B) Pharmaceutical agents. 
‘‘(C) Psychiatric care. 
‘‘(D) Psychological care. 
‘‘(E) Speech therapy. 
‘‘(F) Occupational therapy. 
‘‘(G) Physical therapy. 
‘‘(H) Group therapy, if a health care profes-
sional determines it necessary to develop, maintain, 
or restore the skills of the beneficiary. 
‘‘(I) Any other care or treatment that a health 
care professional determines medically necessary. 
‘‘(2) Beneficiaries under the age of five who have de-
velopmental delays and are considered at-risk for autism 
may not be denied access to treatment described by para-
graph (1) if a health care professional determines that the 
treatment is medically necessary. 
‘‘(3) The Secretary may not consider the use of ap-
plied behavior analysis or other structured behavior pro-
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grams under this section to be special education for pur-
poses of section 1079(a)(9) of this title. 
‘‘(4) In carrying out this subsection, the Secretary 
shall ensure that— 
‘‘(A) a person who is authorized to provide ap-
plied behavior analysis or other structured behavior 
programs is licensed or certified by a State, the Be-
havior Analyst Certification Board, or other accred-
ited national certification board; and 
‘‘(B) if applied behavior analysis or other struc-
tured behavior program is provided by an employee 
or contractor of a person authorized to provide such 
treatment, the employee or contractor shall meet 
minimum qualifications, training, and supervision 
requirements consistent with business best practices 
in the field of behavior analysis and autism services. 
‘‘(5) In this section: 
‘‘(A) The term ‘autism spectrum disorders’ in-
cludes autistic disorder, Asperger’s syndrome, and 
any of the pervasive developmental disorders as de-
fined by the most recent edition of the Diagnostic 
and Statistical Manual of Mental Disorders. 
‘‘(B) The term ‘habilitative and rehabilitative 
care’ includes— 
‘‘(i) professional counseling; 
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‘‘(ii) guidance service; 
‘‘(iii) treatment programs, including not 
more than 40 hours per week of applied behav-
ior analysis; and 
‘‘(iv) other structured behavior programs 
that a health care professional determines nec-
essary to develop, improve, maintain, or restore 
the functions of the beneficiary. 
‘‘(C) The term ‘health care professional’ has the 
meaning given that term in section 1094(e)(2) of 
this title.’’. 
(b) REGULATIONS.—Not later than 180 days after 
the enactment of this Act, the Secretary of Defense shall 
prescribe such regulations as may be necessary to carry 
out section 1077(a)(18) of title 10, United States Code, 
as added by subsection (a). 
Æ 
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