‘‘(12) MEDICALLY
NECESSARY
FOOD.—The 
child health assistance provided to a targeted low-in-
come child under the plan shall include coverage of 
medically necessary food (as defined in section 
1861(lll)) and the medical equipment and supplies 
necessary to administer such food. 
‘‘(13) CERTAIN
VITAMINS
AND
INDIVIDUAL 
AMINO ACIDS.—The child health assistance provided 
to a targeted low-income child under the plan shall 
include coverage of medically necessary vitamins and 
individual amino acids used for the management of 
a covered disease or condition (as defined in section 
1861(lll)(3)) pursuant to the prescription, order, or 
recommendation (as applicable) of a physician or 
other health care professional qualified to make such 
prescription, order, or recommendation.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
2103(a) of the Social Security Act (42 U.S.C. 
1397cc(a)) is amended, in the matter preceding 
paragraph (1), by striking ‘‘and (8)’’ and inserting 
‘‘(8), (12), and (13)’’. 
(3) EFFECTIVE DATE.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), the amendments made by this sub-
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section shall take effect on the date that is 1 
year after the date of the enactment of this Act. 
(B) EXCEPTION TO EFFECTIVE DATE IF 
STATE LEGISLATION REQUIRED.—In the case of 
a State child health plan for child health assist-
ance under title XXI of the Social Security Act 
which the Secretary of Health and Human 
Services determines requires State legislation 
(other than legislation appropriating funds) in 
order for the plan to meet the additional re-
quirements 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 re-
quirement before the first day of the first cal-
endar quarter beginning after the close of the 
first regular session of the State legislature that 
begins after the date of the enactment 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. 
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(d) MODIFICATION OF DEFINITION OF MEDICALLY 
NECESSARY FOOD AND COVERED DISEASE OR CONDI-
TION UNDER THE TRICARE PROGRAM.— 
(1) IN GENERAL.—Section 1077(h) of title 10, 
United States Code, is amended— 
(A) in paragraph (2)(A), in the matter 
preceding clause (i), by striking ‘‘or an amino 
acid preparation product’’ and inserting ‘‘, an 
amino acid preparation product, a modified fat 
preparation product, or a nutritional formula 
(including such a formula that does not require 
a prescription)’’; and 
(B) in paragraph (3)— 
(i) in subparagraph (D), by striking 
‘‘and’’ at the end; 
(ii) by redesignating subparagraph 
(E) as subparagraph (F); and 
(iii) by inserting after subparagraph 
(D) the following: 
‘‘(E) Immunoglobulin E or non-Immunoglobulin 
E mediated allergies to food proteins; and’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall apply to health care provided 
under chapter 55 of title 10, United States Code, on 
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or after the date that is one year after the date of 
the enactment of this Act. 
(e) COVERAGE UNDER FEHBP.— 
(1) IN
GENERAL.—Section 8902 of title 5, 
United States Code, is amended by adding at the 
end the following: 
‘‘(p) A contract for a plan under this chapter shall 
require the carrier to provide coverage for— 
‘‘(1) medically necessary food (as defined in 
section 1861(lll) of the Social Security Act) and the 
medical equipment and supplies necessary to admin-
ister such food; and 
‘‘(2) medically necessary vitamins and indi-
vidual amino acids in the same manner provided for 
under section 1860D–2(e)(1)(C) of the Social Secu-
rity Act.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply with respect to contract 
years beginning on or after the date that is 1 year 
after the date of enactment of this Act. 
(f) COVERAGE UNDER PRIVATE HEALTH INSUR-
ANCE.— 
(1) IN GENERAL.—Subpart II of part A of title 
XXVII of the Public Health Service Act (42 U.S.C. 
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300gg–11 et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 2729A. COVERAGE OF MEDICALLY NECESSARY FOOD, 
VITAMINS, AND INDIVIDUAL AMINO ACIDS. 
‘‘A health insurance issuer offering group or indi-
vidual health insurance coverage shall provide coverage 
for— 
‘‘(1) medically necessary food (as defined in 
section 1861(lll) of the Social Security Act) and the 
medical equipment and supplies necessary to admin-
ister such food; and 
‘‘(2) medically necessary vitamins and indi-
vidual amino acids in the same manner provided for 
under section 1860D–2(e)(1)(C) of the Social Secu-
rity Act.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply to plan years beginning 
on or after the date that is 1 year after the date of 
the enactment of this Act. 
(g) NONPREEMPTION OF STATE LAWS THAT PRO-
VIDE GREATER COVERAGE.—Nothing in the provisions of, 
or the amendments made by, this section shall preempt 
a State law that requires coverage of medically necessary 
food and vitamins and individual amino acids for digestive 
and inherited metabolic disorders that exceeds the require-
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