Sec. 714. COVERAGE OF MEDICALLY NECESSARY FOOD AND VITAMINS FOR CERTAIN CONDITIONS UNDER THE TRICARE PROGRAM
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## SEC. 714 COVERAGE OF MEDICALLY NECESSARY FOOD AND VITAMINS FOR CERTAIN CONDITIONS UNDER THE TRICARE PROGRAM ###
(a)In General Section 1077 of title 10, United States Code, as amended by section 713, is further amended— ####
(1)in subsection (a)— #####
(A)in paragraph (3), by inserting before the period at the end the following: “, including, in accordance with subsection (g), medically necessary vitamins”; and #####
(B)by adding at the end the following new paragraph: > > #### “(18) > > In accordance with subsection (g), medically necessary food and the medical equipment and supplies necessary to administer such food (other than durable medical equipment and supplies).” > ; and ####
(2)by adding at the end the following new subsection: > > ### “(h) > > > ####
(1)> > Vitamins that may be provided under subsection (a)(3) are vitamins used for the management of a covered disease or condition pursuant to the prescription, order, or recommendation (as applicable) of a physician or other health care professional qualified to make such prescription, order, or recommendation. > > > #### “(2) > > Medically necessary food that may be provided under subsection (a)(18)— > > > ##### “(A) > > is food, including a low protein modified food product or an amino acid preparation product, that is— > > > ###### “(i) > > furnished pursuant to the prescription, order, or recommendation (as applicable) of a physician or other health care professional qualified to make such prescription, order, or recommendation, for the dietary management of a covered disease or condition; > > > ###### “(ii) > > a specially formulated and processed product (as opposed to a naturally occurring foodstuff used in its natural state) for the partial or exclusive feeding of an individual by means of oral intake or enteral feeding by tube; > > > ###### “(iii) > > intended for the dietary management of an individual who, because of therapeutic or chronic medical needs, has limited or impaired capacity to ingest, digest, absorb, or metabolize ordinary foodstuffs or certain nutrients, or who has other special medically determined nutrient requirements, the dietary management of which cannot be achieved by the modification of the normal diet alone; > > > ###### “(iv) > > intended to be used under medical supervision, which may include in a home setting; and > > > ###### “(v) > > intended only for an individual receiving active and ongoing medical supervision under which the individual requires medical care on a recurring basis for, among other things, instructions on the use of the food; and > > > ##### “(B) > > may not include— > > > ###### “(i) > > food taken as part of an overall diet designed to reduce the risk of a disease or medical condition or as weight-loss products, even if the food is recommended by a physician or other health care professional; > > > ###### “(ii) > > food marketed as gluten-free for the management of celiac disease or non-celiac gluten sensitivity; > > > ###### “(iii) > > food marketed for the management of diabetes; or > > > ###### “(iv) > > such other products as the Secretary determines appropriate. > > > #### “(3) > > In this subsection, the term ‘covered disease or condition’ means— > > > ##### “(A) > > inborn errors of metabolism; > > > ##### “(B) > > medical conditions of malabsorption; > > > ##### “(C) > > pathologies of the alimentary tract or the gastrointestinal tract; > > > ##### “(D) > > a neurological or physiological condition; and > > > ##### “(E) > > such other diseases or conditions the Secretary determines appropriate.” > . ###
(b)Effective Date **[**[10 U.S.C. 1077 note](/us/usc/t10/s1077)**]** The amendments made by subsection
(a)shall apply to health care provided under chapter 55 of such title on or after the date that is one year after the date of the enactment of this Act.
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Sec. 714
COVERAGE OF MEDICALLY NECESSARY FOOD AND VITAMINS FOR CERTAIN CONDITIONS UNDER THE TRICARE PROGRAM
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