SEC. 711. CODIFICATION AND IMPROVEMENT OF PROCEDURES FOR MENTAL HEALTH EVALUATIONS FOR MEMBERS OF THE ARMED FORCES.
(a) CODIFICATION ANDIMPROVEMENT OFPROCEDURES.—
(1) IN GENERAL.—Chapter 55 of title 10, United States Code, is amended by inserting after section 1090 the following new section:
‘‘§ 1090a. Commanding officer and supervisor referrals of members for mental health evaluations
‘‘(a) REGULATIONS.—The Secretary of Defense shall prescribe and maintain regulations relating to commanding officer and super-visor referrals of members of the armed forces for mental health evaluations. The regulations shall incorporate the requirements set forth in subsections (b), (c), and (d) and such other matters as the Secretary considers appropriate.
‘‘(b) REDUCTION OF PERCEIVED STIGMA.—The regulations required by subsection (a) shall, to the greatest extent possible—
‘‘(1) seek to eliminate perceived stigma associated with seeking and receiving mental health services, promoting the use of mental health services on a basis comparable to the use of other medical and health services; and
‘‘(2) clarify the appropriate action to be taken by com-manders or supervisory personnel who, in good faith, believe that a subordinate may require a mental health evaluation.
‘‘(c) PROCEDURES FOR INPATIENT EVALUATIONS.—The regula-tions required by subsection (a) shall provide that, when a com-mander or supervisor determines that it is necessary to refer a member of the armed forces for a mental health evaluation—
‘‘(1) the health evaluation shall only be conducted in the most appropriate clinical setting, in accordance with the least restrictive alternative principle; and
‘‘(2) only a psychiatrist, or, in cases in which a psychiatrist is not available, another mental health professional or a physi-cian, may admit the member pursuant to the referral for a mental health evaluation to be conducted on an inpatient basis.
‘‘(d) PROHIBITION ON USE OF REFERRALS FOR MENTAL HEALTH
EVALUATIONS TORETALIATEAGAINSTWHISTLEBLOWERS.—The regu-lations required by subsection (a) shall provide that no person may refer a member of the armed forces for a mental health evaluation as a reprisal for making or preparing a lawful commu-nication of the type described in section 1034(c)(2) of this title, and applicable regulations. For purposes of this subsection, such communication shall also include a communication to any appro-priate authority in the chain of command of the member.
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) The term ‘mental health professional’ means a psychia-trist or clinical psychologist, a person with a doctorate in clinical social work, or a psychiatric clinical nurse specialist.
‘‘(2) The term ‘mental health evaluation’ means a psy-chiatric examination or evaluation, a psychological examination or evaluation, an examination for psychiatric or psychological fitness for duty, or any other means of assessing the state of mental health of a member of the armed forces.
‘‘(3) The term ‘least restrictive alternative principle’ means a principle under which a member of the armed forces com-mitted for hospitalization and treatment shall be placed in the most appropriate and therapeutic available setting—
‘‘(A) that is no more restrictive than is conducive to the most effective form of treatment; and
‘‘(B) in which treatment is available and the risks of physical injury or property damage posed by such place-ment are warranted by the proposed plan of treatplace-ment.’’.
(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 1090 the following new item:
‘‘1090a. Commanding officer and supervisor referrals of members for mental health evaluations.’’.
(b) CONFORMING REPEAL.—Section 546 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2416; 10 U.S.C. 1074 note) is repealed.
SEC. 712. EXTENSION OF TIME LIMIT FOR SUBMITTAL OF CLAIMS UNDER THE TRICARE PROGRAM FOR CARE PROVIDED OUTSIDE THE UNITED STATES.
Section 1106(b) of title 10, United States Code, is amended by striking ‘‘not later than’’ and all that follows and inserting the following: ‘‘as follows:
‘‘(1) In the case of services provided outside the United States, the Commonwealth of Puerto Rico, or the possessions of the United States, by not later than three years after the services are provided.
‘‘(2) In the case of any other services, by not later than one year after the services are provided.’’.
SEC. 713. EXPANSION OF STATE LICENSURE EXCEPTION FOR CERTAIN HEALTH CARE PROFESSIONALS.
(a) EXPANSION.—Section 1094(d) of title 10, United States Code, is amended—
(1) in paragraph (1)—
(A) by inserting ‘‘at any location’’ before ‘‘in any State’’;
and
(B) by striking ‘‘regardless’’ and all that follows through the period at the end and inserting ‘‘regardless of where such health-care professional or the patient are located, so long as the practice is within the scope of the authorized Federal duties.’’; and
(2) in paragraph (2), by striking ‘‘member of the armed forces’’ and inserting ‘‘member of the armed forces, civilian employee of the Department of Defense, personal services con-tractor under section 1091 of this title, or other health-care professional credentialed and privileged at a Federal health care institution or location specially designated by the Secretary for this purpose’’.
(b) REGULATIONS.—The Secretary of Defense shall prescribe regulations to carry out the amendments made by this section.
SEC. 714. CLARIFICATION ON CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE RECORDS.
(a) IN GENERAL.—Section 1102(j) of title 10, United States Code, is amended—
(1) in paragraph (1), by striking ‘‘any activity carried out’’
and inserting ‘‘any peer review activity carried out’’; and
(2) by adding at the end the following new paragraph:
‘‘(4) The term ‘peer review’ means any assessment of the quality of medical care carried out by a health care professional, including any such assessment of professional performance, any patient safety program root cause analysis or report, or any similar activity described in regulations prescribed by the Secretary under subsection (i).’’.
(b) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect on January 1, 2012.
SEC. 715. MAINTENANCE OF THE ADEQUACY OF PROVIDER NETWORKS UNDER THE TRICARE PROGRAM.
Section 1097b(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
‘‘(3) In establishing rates and procedures for reimbursement of providers and other administrative requirements, including those contained in provider network agreements, the Secretary shall, to the extent practicable, maintain adequate networks of providers, including institutional, professional, and pharmacy. For the purpose of determining whether network providers under such provider network agreements are subcontractors for purposes of the Federal Acquisition Regulation or any other law, a TRICARE managed care support contract that includes the requirement to establish, manage, or maintain a network of providers may not be considered to be a contract for the performance of health care services or supplies on the basis of such requirement.’’.
SEC. 716. REVIEW OF THE ADMINISTRATION OF THE MILITARY HEALTH SYSTEM.
(a) PROHIBITION ONRESTRUCTURE ORREORGANIZATION.—
(1) IN GENERAL.—The Secretary of Defense may not restruc-ture or reorganize the military health system until a 120- day period has elapsed following the date on which the report under subsection (b)(3) is submitted by the Comptroller General of the United States to the congressional defense committees.
(2) REPORT.—The Secretary shall submit to the congres-sional defense committees a report that includes the following:
(A) A description of each of the options developed and considered by the task force established by the Deputy Secretary of Defense to review the governance model options for the military health system (in this section referred to as the ‘‘task force’’).
(B) The goals to be achieved by restructure or reorga-nization and the principles upon which they are based.
(C) A description of how each option would affect readi-ness, quality of care, and beneficiary satisfaction.
(D) An explanation of the costs of each option so consid-ered.
(E) An analysis of the strengths and weaknesses of each option.
(F) An estimate of the cost savings, if any, to be achieved by each option compared to the military health system in place on the date of the enactment of this Act.
(b) COMPTROLLERGENERALREVIEW.—
(1) REVIEW REQUIRED.—The Comptroller General of the United States shall carry out a review of the options described
under subsection (a)(2)(A) and the recommendations made by the task force.
(2) ELEMENTS.—The review under paragraph (1) shall include the following:
(A) An analysis of the strengths and weaknesses of each option.
(B) A comparison of each option to each of the govern-ance models for the military health system adopted as of October 1, 1991.
(C) An estimate of the costs to implement each option.
(D) An estimate of the cost savings, if any, to be achieved by each option compared to the military health system in place on the date of the enactment of this Act.
(3) REPORT.—Not later than 180 days after the date on which the Secretary submits the report under subsection (a)(2), the Comptroller General shall submit to the congressional defense committees a report on the review.
SEC. 717. LIMITATION ON AVAILABILITY OF FUNDS FOR THE FUTURE ELECTRONIC HEALTH RECORDS PROGRAM.
(a) LIMITATION.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2012 for the procurement, research, development, test, and evaluation, or operation and maintenance of the future electronic health records program, not more than 10 percent may be obligated or expended until the date that is 30 days after the date on which the Secretary of Defense submits to the congressional defense committees a report addressing—
(1) an architecture to guide the transition of the electronic health records of the Department of Defense to a future state that is cost-effective and interoperable;
(2) the process for selecting investments in information technology that support the architecture described in paragraph (1);
(3) the report required by section 715 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4249);
(4) the role of the Interagency Program Office to manage or oversee efforts with respect to the future electronic health records program; and
(5) any other matters the Secretary considers appropriate.
(b) FUTURE ELECTRONIC HEALTH RECORDS PROGRAM
DEFINED.—In this section, the term ‘‘future electronic health records program’’ means the programs of the Department of Defense referred to as the ‘‘EHR way ahead’’ and the ‘‘virtual lifetime electronic record’’.