Page:United States Statutes at Large Volume 122.djvu/220

 12 2 STA T . 1 97PUBLIC LA W 11 0– 1 8 1 —J A N .28, 2008 counsel o r s a re au th or iz e d to p ractice independentl y under other F ederal pro g ra m s ( such as the M edicare program, the D epart - ment o fV eterans A ffairs, the I ndian H ealth S er v ice, and Head Start ) , and a revie w of the relationship, if any, b etween recogni- tion of mental health professions under the Medicare program and independent practice authority for such profession under the TR I C AR E program . ( 5 )I NDEP ENDEN T P RAC T I CE U NDER F E HB P. — The study re q uired by subsection (b) shall provide for an assessment ofthee x tent to which licensed mental health counselors are authorized to practice independently under the Federal Employee Health B enefits P rogram and private insurance plans. The assessment shall identify the States having laws requiring private insurers to cover, or offer coverage of, the services of members of licensed mental health counselors and shall identify the conditions, if any, that are placed on coverage of practitioners under the profession by insurance plans and how frequently these types of conditions are used by insurers. ( 6 )HI S T O RICA L RE V IE W OF RE G ULATIONS.—The study required by subsection (b) shall provide for a review of the history of regulations prescribed by the Department of Defense regarding which members of the mental health profession are recognized as providers under the TRICARE program as inde- pendent practitioners, and an examination of the recognition by the Department of third-party certification for members of such profession. ( 7 ) CLINICAL CAPABILITIES STUDIES.—The study required by subsection (b) shall include a review of outcome studies and of the literature regarding the comparative quality and effectiveness of care provided by licensed mental health coun- selors and provide an independent review of the findings. (d) RECO M MENDATIONS FOR TRICARE INDEPENDENT PRACTICE AUTHORIT Y .—The recommendations provided under subsection (b)( 2 ) shall include recommendations regarding modifications of cur- rent policy for the TRICARE program with respect to allowing licensed mental health counselors to practice independently under the TRICARE program. (e) REPORT.— N ot later than March 1 ,2 0 0 9, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the review required by subsection (b). SEC.718 . R E PO R T O NFU N DI N G OFT H E DEP A RT M ENT OF DEFENSE FOR HEA L TH CARE. (a) REPORT.—If the President submits to Congress the budget for a fiscal year under section 1105 of title 3 1, U nited States Code, and the aggregate amount included in that budget for the Department of Defense for health care for such fiscal year is less than the aggregate amount provided by Congress for the Depart- ment for health care for the preceding fiscal year, and, in the case of the Department, the total allocation from the Defense Health Program to any military department is less than the total of such allocation in the preceding fiscal year, the President shall submit to Congress a report on— (1) the reasons for the determination that inclusion of a lesser aggregate amount or allocation to any military depart- ment is in the national interest and Presid e nt.10USC2 21n o te.

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