paragraph (1), by striking ‘‘, and (7)’’ and inserting 
‘‘, (7), and (9)’’. 
(3) EXCEPTION TO EFFECTIVE DATE IF STATE 
LEGISLATION REQUIRED.—In the case of a State 
child health plan for child health assistance under 
title XXI of the Social Security Act which the Sec-
retary of Health and Human Services determines re-
quires State legislation (other than legislation appro-
priating funds) in order for the plan to meet the ad-
ditional requirement imposed by the amendments 
made by this subsection, the State child health plan 
shall not be regarded as failing to comply with the 
requirements of such title solely on the basis of its 
failure to meet this additional requirement before 
the first day of the first calendar quarter beginning 
after the close of the first regular session of the 
State legislature that begins after the date of the en-
actment of this Act. For purposes of the previous 
sentence, in the case of a State that has a 2-year 
legislative session, each year of such session shall be 
deemed to be a separate regular session of the State 
legislature. 
(d) AVAILABILITY OF MEDICALLY NECESSARY FOOD, 
FOOD MODIFIED TO BE LOW PROTEIN, AND RELATED 
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ITEMS UNDER THE TRICARE PROGRAM.—Section 1077 
of title 10, United States Code, is amended— 
(1) in subsection (a)(8), by striking ‘‘including’’ 
and all that follows and inserting ‘‘including the fol-
lowing: 
‘‘(A) Well-baby care that includes one 
screening of an infant for the level of lead in 
the blood of the infant. 
‘‘(B) In accordance with subsection (g), 
medically necessary food (as defined in section 
1861(iii) of the Social Security Act) and food 
modified to be low protein that is formulated to 
be consumed or administered under the super-
vision of a qualified medical provider, for the 
treatment of conditions as recommended by the 
Advisory Committee on Heritable Disorders in 
Newborns and Children, and the medical equip-
ment and supplies necessary to administer such 
food. 
‘‘(C) In accordance with subsection (g), 
pharmacological doses of vitamins and amino 
acids used for the treatment of inborn errors of 
metabolism and other conditions as rec-
ommended by the Advisory Committee on Heri-
table Disorders in Newborns and Children and 
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as prescribed by a qualified medical provider.’’; 
and 
(2) by adding at the end the following new sub-
section: 
‘‘(g) Treatments described in subparagraphs (B) and 
(C) of subsection (a)(8) may be provided under this sec-
tion to a patient regardless of the age of the patient.’’. 
(e) COVERAGE UNDER FEHBP.— 
(1) IN
GENERAL.—Section 8904 of title 5, 
United States Code, is amended by adding at the 
end the following new subsection: 
‘‘(c)(1) Any health benefits plan offered under this 
chapter shall, in accordance with paragraph (2), include 
benefits for— 
‘‘(A) medically necessary food (as defined in 
section 1861(iii) of the Social Security Act) and food 
modified to be low protein that is formulated to be 
consumed or administered under the supervision of 
a qualified medical provider, for the treatment of 
conditions as recommended by the Advisory Com-
mittee on Heritable Disorders in Newborns and 
Children, and the medical equipment and supplies 
necessary to administer such food; and 
‘‘(B) pharmacological doses of vitamins and 
amino acids used for the treatment of inborn errors 
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of metabolism, for the treatment of conditions as 
recommended by the Advisory Committee on Heri-
table Disorders in Newborns and Children and as 
prescribed by a qualified medical provider. 
‘‘(2) Benefits for treatments described in subpara-
graphs (A) and (B) of paragraph (1) shall be provided 
under such a health benefits plan to an individual regard-
less of the age of the individual.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply to contract years begin-
ning after the date that is 9 months after the date 
of enactment of this Act. 
SEC. 4. EFFECTIVE DATE. 
Subject to subsections (b)(4) and (c)(3) of section 
(3), the amendments made by section 3 (other than sub-
section (e) of such section) shall apply to plan years and 
contract years beginning after the date that is 6 months 
after the date of enactment of this Act. 
Æ 
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