I 
117TH CONGRESS 
1ST SESSION H. R. 4824 
To amend title 10, United States Code, to direct the Secretary of Defense 
to limit copayments for outpatient visits for mental health or behavioral 
health under the TRICARE program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 29, 2021 
Ms. HOULAHAN (for herself and Mr. RESCHENTHALER) introduced the 
following bill; which was referred to the Committee on Armed Services 
A BILL 
To amend title 10, United States Code, to direct the Sec-
retary of Defense to limit copayments for outpatient 
visits for mental health or behavioral health under the 
TRICARE program, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Stop Copay Overpay 
Act’’. 
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SEC. 2. LIMITATION ON COPAYMENTS FOR OUTPATIENT 
VISITS 
FOR 
MENTAL 
OR 
BEHAVIORAL 
HEALTH UNDER TRICARE PROGRAM. 
(a) LIMITATION
ON
MENTAL
OR
BEHAVIORAL 
HEALTH COPAYMENTS.— 
(1) LIMITATION.—Chapter 55 of title 10, 
United States Code, is amended by inserting after 
the item relating to section 1075a the following new 
section: 
‘‘§ 1075b. TRICARE program: limitation on copay-
ments for certain mental or behavioral 
health visits 
‘‘(a) 
LIMITATION
ON
COPAYMENTS.—Notwith-
standing any other provision under this chapter, the Sec-
retary of Defense may not charge to a covered individual 
a copayment in an amount greater than the amount de-
scribed in subsection (b) for an outpatient visit for mental 
health or behavioral health under the TRICARE program, 
regardless of whether such outpatient visit is furnished by 
a specialty care provider. 
‘‘(b) AMOUNT DESCRIBED.—The amount described 
in this subsection is the amount of a copayment that 
would be charged to the covered individual under the 
TRICARE Program for an outpatient visit for primary 
care services during the year in which the covered indi-
vidual is being charged pursuant to subsection (a). 
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‘‘(c) COVERED INDIVIDUAL DEFINED.—In this sec-
tion, the term ‘covered individual’ means any individual 
enrolled under the TRICARE program, regardless of the 
beneficiary category of the individual with respect to such 
program or the duty status of the individual.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for such chapter is amended by inserting after 
the item relating to section 1075a the following new 
section: 
‘‘1075b. TRICARE program: limitation on copayments for certain mental or be-
havioral health visits.’’. 
(3) APPLICABILITY.—The amendments made 
by this subsection shall apply with respect to out-
patient visits for mental or behavioral health occur-
ring on or after the date of the enactment of this 
Act. 
(b) TEMPORARY LIMITATION ON OTHER SPECIALTY 
CARE COPAYMENTS.— 
(1) TEMPORARY LIMITATION.—During the one- 
year period beginning on the date of the enactment 
of this Act, the Secretary of Defense may not in-
crease the amount of a copayment charged to a cov-
ered individual for any service described in para-
graph (2) beyond the amount that the Secretary 
would have charged to the covered individual for 
such service during fiscal year 2021. 
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(2) SERVICES DESCRIBED.—A service described 
in this paragraph is a service— 
(A) that is furnished to a covered indi-
vidual by a specialty care provider under the 
TRICARE program; and 
(B) that is not covered under section 
1075b of title 10, United States Code, as added 
by subsection (a). 
(3) APPLICABILITY.—The limitation on copay-
ments specified in paragraph (1) shall apply with re-
spect to specialty care received on or after the date 
of the enactment of this Act. 
(c) REPORT
ON EFFECTS
OF LIMITATIONS.—Not 
later than one year after the date of the enactment of this 
Act, the Secretary shall submit to the Committees on 
Armed Services of the House of Representatives and the 
Senate a report on how the limitation under section 1075b 
of title 10, United States Code (as added by subsection 
(a)) has affected, or may affect, the health care system 
of the Department of Defense. Such report shall include— 
(1) any findings by the Secretary as to whether 
the limitation under such section 1075b may result 
in an increase in copayments charged for services 
described in subsection (b)(2) after the period speci-
fied in subsection (b)(1) concludes; and 
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(2) recommendations by the Secretary on how 
to avoid such an increase, as applicable. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘covered individual’’ has the 
meaning given such term in section 1075b of title 
10, United States Code, as added by subsection (a). 
(2) The term ‘‘TRICARE program’’ has the 
meaning given such term in section 1072 of such 
title. 
Æ 
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