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Subtitle A—Improvements to Health Benefits

SEC. 701. ANNUAL ENROLLMENT FEES FOR CERTAIN RETIREES AND DEPENDENTS.

(a) ANNUAL ENROLLMENT FEES.—Section 1097(e) of title 10, United States Code, is amended—

(1) by striking ‘‘The Secretary of Defense’’ and inserting

‘‘(1) The Secretary of Defense’’;

(2) by striking ‘‘A premium,’’ and inserting ‘‘Except as provided by paragraph (2), a premium,’’; and

(3) by adding at the end the following new paragraph:

‘‘(2) Beginning October 1, 2012, the Secretary of Defense may only increase in any year the annual enrollment fees described in paragraph (1) by an amount equal to the percentage by which retired pay is increased under section 1401a of this title.’’.

(b) CLARIFICATION OF APPLICATION FOR FISCAL YEAR 2013.—

The Secretary of Defense shall determine the maximum enrollment fees for TRICARE Prime under section 1097(e)(2) of title 10, United States Code, as added by subsection (a), for fiscal year 2013 and thereafter as if the enrollment fee for each enrollee during fiscal year 2012 was the amount charged to an enrollee who enrolled for the first time during such fiscal year.

SEC. 702. MENTAL HEALTH ASSESSMENTS FOR MEMBERS OF THE ARMED FORCES DEPLOYED IN SUPPORT OF A CONTIN-GENCY OPERATION.

(a) MENTAL HEALTH EXAMINATIONS DURING A DEPLOYMENT.—

(1) IN GENERAL.—Chapter 55 of title 10, United States Code, is amended by inserting after section 1074l the following new section:

‘‘§ 1074m. Mental health assessments for members of the armed forces deployed in support of a contin-gency operation

‘‘(a) MENTAL HEALTH ASSESSMENTS.—(1) The Secretary of Defense shall provide a person-to-person mental health assessment for each member of the armed forces who is deployed in support of a contingency operation as follows:

‘‘(A) Once during the period beginning 120 days before the date of the deployment.

‘‘(B) Once during the period beginning 90 days after the date of redeployment from the contingency operation and ending 180 days after such redeployment date.

‘‘(C) Subject to subsection (d), not later than once during each of—

‘‘(i) the period beginning 180 days after the date of redeployment from the contingency operation and ending one year after such redeployment date; and

‘‘(ii) the period beginning 18 months after such redeployment date and ending 30 months after such redeployment date.

‘‘(2) A mental health assessment is not required for a member of the armed forces under subparagraph (B) and (C) of paragraph (1) if the Secretary determines that—

‘‘(A) the member was not subjected or exposed to ational risk factors during deployment in the contingency oper-ation concerned; or

‘‘(B) providing such assessment to the member during the time periods under such subparagraphs would remove the member from forward deployment or put members or oper-ational objectives at risk.

‘‘(b) PURPOSE.—The purpose of the mental health assessments provided pursuant to this section shall be to identify post-traumatic stress disorder, suicidal tendencies, and other behavioral health conditions identified among members described in subsection (a) in order to determine which such members are in need of additional care and treatment for such health conditions.

‘‘(c) ELEMENTS.—(1) The mental health assessments provided pursuant to this section shall—

‘‘(A) be performed by personnel trained and certified to perform such assessments and may be performed—

‘‘(i) by licensed mental health professionals if such professionals are available and the use of such professionals for the assessments would not impair the capacity of such professionals to perform higher priority tasks; and

‘‘(ii) by personnel at private facilities in accordance with section 1074(c) of this title;

‘‘(B) include a person-to-person dialogue between members described in subsection (a) and the professionals or personnel described by subparagraph (A), as applicable, on such matters as the Secretary shall specify in order that the assessments achieve the purpose specified in subsection (b) for such assess-ments;

‘‘(C) be conducted in a private setting to foster trust and openness in discussing sensitive health concerns;

‘‘(D) be provided in a consistent manner across the military departments; and

‘‘(E) include a review of the health records of the member that are related to each previous deployment of the member or other relevant activities of the member while serving in the armed forces, as determined by the Secretary.

‘‘(2) The Secretary may treat periodic health assessments and other person-to-person assessments that are provided to members of the armed forces, including examinations under section 1074f of this title, as meeting the requirements for mental health assess-ments required under this section if the Secretary determines that such assessments and person-to-person assessments meet the requirements for mental health assessments established by this section.

‘‘(d) CESSATION OF ASSESSMENTS.—No mental health assess-ment is required to be provided to an individual under subsection (a)(1)(C) after the individual’s discharge or release from the armed forces.

‘‘(e) SHARING OF INFORMATION.—(1) The Secretary of Defense shall share with the Secretary of Veterans Affairs such information on members of the armed forces that is derived from confidential mental health assessments, including mental health assessments provided pursuant to this section and health assessments and other person-to-person assessments provided before the date of the enact-ment of this section, as the Secretary of Defense and the Secretary of Veterans Affairs jointly consider appropriate to ensure continuity

of mental health care and treatment of members of the armed forces during the transition from health care and treatment pro-vided by the Department of Defense to health care and treatment provided by the Department of Veterans Affairs.

‘‘(2) Any sharing of information under paragraph (1) shall occur pursuant to a protocol jointly established by the Secretary of Defense and the Secretary of Veterans Affairs for purposes of this subsection. Any such protocol shall be consistent with the following:

‘‘(A) Applicable provisions of the Wounded Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 note), including section 1614 of such Act (122 Stat. 443; 10 U.S.C.

1071 note).

‘‘(B) Section 1720F of title 38.

‘‘(3) Before each mental health assessment is conducted under subsection (a), the Secretary of Defense shall ensure that the member is notified of the sharing of information with the Secretary of Veterans Affairs under this subsection.

‘‘(f) REGULATIONS.—(1) The Secretary of Defense, in consultation with the other administering Secretaries, shall prescribe regulations for the administration of this section.

‘‘(2) Not later than 270 days after the date of the issuance of the regulations prescribed under paragraph (1), the Secretary shall notify the congressional defense committees of the implementation of the regulations by the military departments.’’.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1074l the following new item:

‘‘1074m. Mental health assessments for members of the armed forces deployed in support of a contingency operation.’’.

(3) REGULATIONS.—The Secretary of Defense shall prescribe an interim final rule with respect to the amendment made by paragraph (1), effective not later than 90 days after the date of the enactment of this Act.

(b) CONFORMING REPEAL.—Section 708 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2376; 10 U.S.C. 1074f note) is repealed.

SEC. 703. BEHAVIORAL HEALTH SUPPORT FOR MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED FORCES.

(a) MENTAL HEALTH ASSESSMENTS.—Section 1074a of title 10, United States Code, is amended—

(1) by redesignating subsection (h) as subsection (i);

(2) by inserting after subsection (g) the following new sub-section (h):

‘‘(h)(1) The Secretary of Defense may provide to any member of the reserve components performing inactive-duty training during scheduled unit training assemblies access to mental health assess-ments with a licensed mental health professional who shall be available for referrals during duty hours on the premises of the principal duty location of the member’s unit.

‘‘(2) Mental health services provided to a member under this subsection shall be at no cost to the member.’’; and

(3) in subsection (i), as redesignated by paragraph (1), by striking ‘‘medical and dental readiness’’ and inserting ‘‘med-ical, dental, and behavioral health readiness’’.

(b) BEHAVIORALHEALTHSUPPORT.—

(1) IN GENERAL.—Each member of a reserve component of the Armed Forces participating in annual training or indi-vidual duty training shall have access, while so participating, to the behavioral health support programs for members of the reserve components described in paragraph (2).

(2) BEHAVIORAL HEALTH SUPPORT PROGRAMS.—The behav-ioral health support programs for members of the reserve components described in this paragraph shall include one or any combination of the following:

(A) Programs providing access to licensed mental health providers in armories, reserve centers, or other places for scheduled unit training assemblies.

(B) Programs providing training on suicide prevention and post-suicide response.

(C) Psychological health programs.

(D) Such other programs as the Secretary of Defense, in consultation with the Surgeon General for the National Guard of the State in which the members concerned reside, the Director of Psychological Health of the State in which the members concerned reside, the Department of Mental Health or the equivalent agency of the State in which the members concerned reside, or the Director of the Psychological Health Program of the National Guard Bureau, considers appropriate.

(3) FUNDING.—Behavioral health support programs pro-vided to members of the reserve components under this sub-section shall be provided using amounts made available for operation and maintenance for the reserve components.

(4) STATE DEFINED.—In this subsection, the term ‘‘State’’

has the meaning given that term in section 10001 of title 10, United States Code.

SEC. 704. PROVISION OF FOOD TO CERTAIN MEMBERS AND DEPEND-ENTS NOT RECEIVING INPATIENT CARE IN MILITARY MED-ICAL TREATMENT FACILITIES.

(a) IN GENERAL.—Chapter 55 of title 10, United States Code, is amended by inserting after section 1078a the following new section:

‘‘§ 1078b. Provision of food to certain members and depend-ents not receiving inpatient care in military med-ical treatment facilities

‘‘(a) INGENERAL.—(1) Under regulations prescribed by the Sec-retary of Defense, the SecSec-retary may provide food and beverages to an individual described in paragraph (2) at no cost to the indi-vidual.

‘‘(2) An individual described in this paragraph is the following:

‘‘(A) A member of the uniformed services or dependent—

‘‘(i) who is receiving outpatient medical care at a mili-tary medical treatment facility; and

‘‘(ii) whom the Secretary determines is unable to pur-chase food and beverages while at such facility by virtue of receiving such care.

‘‘(B) A member of the uniformed services or dependent—

‘‘(i) who is a family member of an infant receiving inpatient medical care at a military medical treatment facility;

‘‘(ii) who provides care to the infant while the infant receives such inpatient medical care; and

‘‘(iii) whom the Secretary determines is unable to pur-chase food and beverages while at such facility by virtue of providing such care to the infant.

‘‘(C) A member of the uniformed services or dependent whom the Secretary determines is under similar circumstances as a member or dependent described in subparagraph (A) or (B).

‘‘(b) REGULATIONS.—The Secretary shall ensure that regulations prescribed under this section are consistent with generally accepted practices in private medical treatment facilities.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the begin-ning of such chapter is amended by inserting after the item relating to section 1078a the following new item:

‘‘1078b. Provision of food to certain members and dependents not receiving inpatient care in military medical treatment facilities.’’.

(c) EFFECTIVE DATE.—The amendments made by this section shall take effect on the date that is 90 days after the date of the enactment of this Act.

SEC. 705. TRAVEL FOR ANESTHESIA SERVICES FOR CHILDBIRTH FOR COMMAND-SPONSORED DEPENDENTS OF MEMBERS ASSIGNED TO REMOTE LOCATIONS OUTSIDE THE CONTI-NENTAL UNITED STATES.

Section 1040(a) of title 10, United States Code, is amended—

(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and

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

‘‘(2)(A) Except as provided by subparagraph (E), for purposes of paragraph (1), required medical attention of a dependent includes, in the case of a dependent authorized to accompany a member at a location described in that paragraph, obstetrical anesthesia services for childbirth equivalent to the obstetrical anesthesia serv-ices for childbirth available in a military treatment facility in the United States.

‘‘(B) In the case of a dependent at a remote location outside the continental United States who elects services described in subparagraph (A) and for whom air transportation would be needed to travel under paragraph (1) to the nearest appropriate medical facility in which adequate medical care is available, the Secretary may authorize the dependent to receive transportation under that paragraph to the continental United States and be treated at the military treatment facility that can provide appropriate obstetrical services that is nearest to the closest port of entry into the conti-nental United States from such remote location.

‘‘(C) The second through sixth sentences of paragraph (1) shall apply to a dependent provided transportation by reason of this paragraph.

‘‘(D) The total cost incurred by the United States for the provi-sion of transportation and expenses (including per diem) with respect to a dependent by reason of this paragraph may not exceed the cost the United States would otherwise incur for the provision of transportation and expenses with respect to that dependent under paragraph (1) if the transportation and expenses were pro-vided to that dependent without regard to this paragraph.

‘‘(E) The Secretary may not provide transportation to a dependent under this paragraph if the Secretary determines that—

‘‘(i) the dependent would otherwise receive obstetrical anes-thesia services at a military treatment facility; and

‘‘(ii) such facility, in carrying out the required number of necessary obstetric cases, would not maintain competency of its obstetrical staff unless the facility provides such services to such dependent.

‘‘(F) The authority under this paragraph shall expire on Sep-tember 30, 2016.’’.

SEC. 706. TRANSITIONAL HEALTH BENEFITS FOR CERTAIN MEMBERS WITH EXTENSION OF ACTIVE DUTY FOLLOWING ACTIVE DUTY IN SUPPORT OF A CONTINGENCY OPERATION.

Section 1145(a)(4) of title 10, United States Code, is amended by adding at the end the following new sentence: ‘‘For purposes of the preceding sentence, in the case of a member on active duty as described in subparagraph (B), (C), or (D) of paragraph (2) who, without a break in service, is extended on active duty for any reason, the 180-day period shall begin on the date on which the member is separated from such extended active duty.’’.

SEC. 707. PROVISION OF REHABILITATIVE EQUIPMENT UNDER WOUNDED WARRIOR ACT.

Section 1631 of the Wounded Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 note) is amended by adding at the end the following:

‘‘(c) REHABILITATIVE EQUIPMENT FOR MEMBERS OF THE ARMED

FORCES.—

‘‘(1) IN GENERAL.—Subject to the availability of appropria-tions for such purpose, the Secretary of Defense may provide an active duty member of the Armed Forces with a severe injury or illness with rehabilitative equipment, including rec-reational sports equipment that provide an adaption or accommodation for the member, regardless of whether such equipment is intentionally designed to be adaptive equipment.

‘‘(2) CONSULTATION.—In carrying out this subsection, the Secretary of Defense shall consult with the Secretary of Vet-erans Affairs regarding similar programs carried out by the Secretary of Veterans Affairs.’’.

SEC. 708. TRANSITION ENROLLMENT OF UNIFORMED SERVICES FAMILY HEALTH PLAN MEDICARE-ELIGIBLE RETIREES TO TRICARE FOR LIFE.

Section 724(e) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 10 U.S.C. 1073 note) is amended—

(1) by striking ‘‘If a covered beneficiary’’ and inserting

‘‘(1) Except as provided in paragraph (2), if a covered bene-ficiary’’; and

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

‘‘(2) After September 30, 2012, a covered beneficiary (other than a beneficiary under section 1079 of title 10, United States Code) who is also entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act due to age may not enroll in the managed care program of a designated provider unless the beneficiary was enrolled in that program on September 30, 2012.’’.