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Code · BILL · 117th Congress · H.R. 7900 (Engrossed in House) — To authorize appropriations for fiscal year 2023 for military activities of the Department of Defense and for militar... · Sec. 767

Sec. 767. Improvements relating to behavioral health care available under military health system

1,711 words·~8 min read·/bill/117/hr/7900/eh/section-767

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The Secretary of Defense shall establish graduate degree-granting programs in counseling and social work at the Uniformed Services University of the Health Sciences. The Secretary of Defense shall take such steps as may be necessary to expand the clinical psychology graduate program of the Uniformed Services University of the Health Sciences. Subject to subparagraph (B), as a condition of enrolling in a degree-granting program in clinical psychology, social work, or counseling at the Uniformed Services University of the Health Sciences, a civilian student shall enter into an agreement with the Secretary of Defense pursuant to which the student agrees that, if the student does not become a member of a uniformed service upon graduating such program, the student shall work on a full-time basis as a covered civilian behavioral health provider for a period of a duration that is at least equivalent to the period during which the student was enrolled in such program.
An agreement entered into pursuant to subparagraph
(A)may include such other terms and conditions as the Secretary of Defense may determine necessary to protect the interests of the United States or otherwise appropriate for purposes of this section, including terms and conditions providing for limited exceptions from the employment obligation specified in such subparagraph. A civilian graduate who does not complete the employment obligation required under the agreement entered into pursuant to subparagraph
(A)shall repay to the Secretary of Defense a prorated portion of the student’s costs of attendance in the program described in such paragraph. The amount of such prorated portion shall be determined by the Secretary. This subsection shall apply to civilian students who enroll in the first year of a degree-granting program in clinical psychology, social work, or counseling at the Uniformed Services University of the Health Sciences on or after the date of the enactment of this Act. Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a plan for the implementation of this subsection. Such plan shall include— a determination as to the resources for personnel and facilities required for such implementation; estimated timelines for such implementation; and a projection of the number of graduates from the programs specified in paragraph
(1)upon the completion of such implementation. Beginning not later than two years after the date of the enactment of this Act, the Secretary of Defense shall carry out a program under which— the Secretary may provide— direct grants to cover tuition, fees, living expenses, and other costs of attendance at an institution of higher education to an individual enrolled in a program of study leading to a graduate degree in clinical psychology, social work, counseling, or a related field (as determined by the Secretary); and student loan repayment assistance to a credentialed behavioral health provider who has a graduate degree in clinical psychology, social work, counseling, or a related field (as determined by the Secretary); and in exchange for such assistance, the recipient shall commit to work as a covered civilian behavioral health provider in accordance with paragraph (2). Subject to subparagraph (B), as a condition of receiving assistance under paragraph (1), the recipient of such assistance shall enter into an agreement with the Secretary of Defense pursuant to which the recipient agrees to work on a full-time basis as a covered civilian behavioral health provider for a period of a duration that is at least equivalent to the period during which the recipient received assistance under such paragraph. An agreement entered into pursuant to subparagraph
(A)may include such other terms and conditions as the Secretary of Defense may determine necessary to protect the interests of the United States or otherwise appropriate for purposes of this section, including terms and conditions providing for limited exceptions from the post-award employment obligation specified in such subparagraph. An individual who receives assistance under paragraph
(1)and does not complete the employment obligation required under the agreement entered into pursuant to paragraph
(2)shall repay to the Secretary of Defense a prorated portion of the financial assistance received by the individual under paragraph (1). The amount of such prorated portion shall be determined by the Secretary. Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan for the implementation of this subsection. Such plan shall include— a determination as to the resources required for such implementation; estimated timelines for such implementation; and a projection of the number of recipients of assistance under paragraph
(1)upon the completion of such implementation. Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall conduct an analysis of the behavioral health workforce under the direct care component of the TRICARE program and submit to the congressional defense committees a report containing the results of such analysis. Such report shall include, with respect to such workforce, the following: The number of positions authorized for military behavioral health providers within such workforce, and the number of such positions filled, disaggregated by the professions described in paragraph (2). The number of positions authorized for civilian behavioral health providers within such workforce, and the number of such positions filled, disaggregated by the professions described in paragraph (2). For each military department, the ratio of military behavioral health providers assigned to military medical treatment facilities compared to civilian behavioral health providers so assigned, disaggregated by the professions described in paragraph (2). For each military department, the number of military behavioral health providers authorized to be embedded within an operational unit, and the number of such positions filled, disaggregated by the professions described in paragraph (2). Data on the historical demand for behavioral health services by members of the Armed Forces. An estimate of the number of health care providers necessary to meet the demand by such members for behavioral health care services under the direct care component of the TRICARE program, disaggregated by provider type. An identification of any shortfall between the estimated number under subparagraph
(F)and the total number of positions for behavioral health providers filled within such workforce. Such other information as the Secretary may determine appropriate. The professions described in this paragraph are as follows: Clinical psychologists. Social workers. Counselors. Such other professions as the Secretary may determine appropriate. In conducting the analysis of the behavioral health workforce under paragraph (1), the Secretary of Defense shall ensure such behavioral health workforce at remote locations (including Guam and Hawaii) and any shortfalls thereof, is taken into account. Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a plan to address any shortfall of the behavioral health workforce identified under subsection (c)(1)(G). Such plan shall address the following: With respect to any such shortfall of military behavioral health providers (addressed separately with respect to such providers assigned to military medical treatment facilities and such providers assigned to be embedded within operational units), the recruitment, accession, retention, special pay and other aspects of compensation, workload, role of the Uniformed Services University of the Health Sciences and the Armed Forces Health Professions Scholarship Program under chapter 105 of title 10, United States Code, any additional authorities or resources necessary for the Secretary to increase the number of such providers, and such other considerations as the Secretary may consider appropriate. With respect to addressing any such shortfall of civilian behavioral health providers, the recruitment, hiring, retention, pay and benefits, workload, educational scholarship programs, any additional authorities or resources necessary for the Secretary to increase the number of such providers, and such other considerations as the Secretary may consider appropriate. A recommendation as to whether the number of military behavioral health providers in each military department should be increased, and if so, by how many. A plan to ensure that remote installations are prioritized for the assignment of military behavioral health providers. Updated access standards for behavioral health care under the military health system, taking into account— the duration of time between a patient receiving a referral for such care and the patient receiving individualized treatment (following an initial intake assessment) from a behavioral health provider; and the frequency of regular follow-up appointments subsequent to the first appointment at which a patient receives such individualized treatment. A plan to expand access to behavioral health care under the military health system using telehealth. In this section: The term behavioral health includes psychiatry, clinical psychology, social work, counseling, and related fields. The term civilian behavioral health provider means a behavioral health provider who is a civilian employee of the Department of Defense. The term cost of attendance has the meaning given that term in section 472 of the Higher Education Act of 1965 ( 20 U.S.C. 1087ll ). The term counselor means an individual who holds— a master’s or doctoral degree from an accredited graduate program in— marriage and family therapy; or clinical mental health counseling; and a current license or certification from a State that grants the individual the authority to provide counseling services as an independent practitioner in the respective field of the individual. The term covered civilian behavioral health provider means a civilian behavioral health provider whose employment by the Secretary of Defense involves the provision of behavioral health services at a military medical treatment facility. The term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). The term military behavioral health provider means a behavioral health provider who is a member of the Armed Forces. The term military installation has the meaning given that term in section 2801 of title 10, United States Code. The term military medical treatment facility means a facility specified in section 1073d of such title. The term remote installation means a military installation that the Secretary determines to be in a remote location. The term State means each of the several States, the District of Columbia, and each commonwealth, territory or possession of the United States. The term TRICARE program has the meaning given that term in section 1072 of title 10, United States Code.
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Sec. 767
Improvements relating to behavioral health care available under military health system
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