Text: S.1169 — 111th Congress (2009-2010)All Information (Except Text)

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Introduced in Senate (06/03/2009)


111th CONGRESS
1st Session
S. 1169


To amend title 10, United States Code, to provide for the treatment of autism under TRICARE.


IN THE SENATE OF THE UNITED STATES

June 3, 2009

Mrs. Gillibrand (for herself, Ms. Collins, Mr. Cardin, Mr. Sanders, Mr. Brownback, and Mr. Specter) introduced the following bill; which was read twice and referred to the Committee on Armed Services


A BILL

To amend title 10, United States Code, to provide for the treatment of autism under TRICARE.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Treatment of autism under TRICARE.

(a) In general.—Section 1077 of title 10, United States Code, is amended—

(1) in subsection (a), by adding at the end the following new paragraph:

“(18) In accordance with subsection (g), treatment of autism spectrum disorders.”; and

(2) by adding at the end the following new subsection:

“(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 medically 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 professional 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 developmental delays and are considered at-risk for autism may not be denied access to treatment described by paragraph (1) if a health care professional determines that the treatment is medically necessary.

“(3) The Secretary may not consider the use of applied behavior analysis or other structured behavior programs under this section to be special education for purposes 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 applied behavior analysis or other structured behavior programs is licensed or certified by a State, the Behavior Analyst Certification Board, or other accredited national certification board; and

“(B) if applied behavior analysis or other structured 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’ includes autistic disorder, Asperger’s syndrome, and any of the pervasive developmental disorders as defined 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;

“(ii) guidance service;

“(iii) treatment programs, including not more than 40 hours per week of applied behavior analysis; and

“(iv) other structured behavior programs that a health care professional determines necessary 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).