I 
114TH CONGRESS 
2D SESSION 
H. R. 5648 
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 
JULY 6, 2016 
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 provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To authorize an individual who is transitioning from receiv-
ing treatment furnished by the Secretary of Defense 
to treatment furnished by the Secretary of Veterans Af-
fairs to continue receiving treatment from such individ-
ual’s mental health care provider of the Department 
of Defense, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Mental Health Care 
Provider Retention Act of 2016’’. 
SEC. 2. RETENTION OF MENTAL HEALTH CARE PROVIDER. 
(a) IN GENERAL.—During the transition from receiv-
ing treatment furnished by the Secretary of Defense to 
treatment furnished by the Secretary of Veterans Affairs, 
a covered individual may elect to continue receiving treat-
ment from such individual’s mental health care provider 
of the Department of Defense. 
(b) PRIORITY.—A covered individual shall receive the 
same level of priority as members of the Armed Forces 
at the military medical treatment facility at which the cov-
ered individual has elected to continue treatment. 
(c) REIMBURSEMENT OF COSTS.—The Secretary of 
Veterans Affairs shall reimburse the Secretary of Defense 
for services rendered pursuant to subsection (a), if such 
services would have otherwise been furnished by the Sec-
retary of Veterans Affairs. 
(d) DEPARTURE OF MENTAL HEALTH CARE PRO-
VIDER.—In the event that the mental health care provider 
described under subsection (a) departs the military med-
ical treatment facility at which the covered individual is 
receiving treatment, such individual may elect to obtain 
the services of— 
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(1) a different mental health care provider at 
the same military medical treatment facility; or 
(2) a mental health care provider of the De-
partment of Veterans Affairs. 
(e) DEPARTURE OF COVERED INDIVIDUAL.—In the 
event that the covered individual relocates and is unable 
to reasonably receive care at the military medical treat-
ment facility at which such individual has elected to con-
tinue treatment under subsection (a), such individual shall 
transition to receiving treatment from a mental health 
care provider of the Department of Veterans Affairs. 
(f) MEDICAL RECORDS.—The Secretary of Veterans 
Affairs shall ensure that any mental health care provider 
of the Department of Defense that furnishes care or serv-
ices under this section to a covered individual submits to 
the Department of Veterans Affairs a copy of any medical 
record related to the care or services provided to such indi-
vidual by such mental health care provider for inclusion 
in the electronic medical record of such individual main-
tained by the Department of Veterans Affairs upon such 
individual’s transition to receiving treatment from a men-
tal health care provider of the Department of Veterans 
Affairs. 
(g) DEFINITION OF COVERED INDIVIDUAL.—In this 
section, the term ‘‘covered individual’’ means an individual 
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who has been diagnosed with a mental health condition 
and— 
(1) is enrolling in the patient enrollment system 
of the Department of Veterans Affairs, established 
by section 1705 of title 38, United States Code; or 
(2) has enrolled in the patient enrollment sys-
tem of the Department of Veterans Affairs and is 
still in transition from receiving treatment furnished 
by the Secretary of Defense, as determined by the 
Secretary of Veterans Affairs. 
Æ 
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