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Code · STATUTE-COMPILATIONS · William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 · Sec. 704

Sec. 704. EXPANSION OF BENEFITS AVAILABLE UNDER TRICARE EXTENDED CARE HEALTH OPTION PROGRAM

1,090 words·~5 min read·/statute-compilations/comps-16736/sec-704

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## SEC. 704 EXPANSION OF BENEFITS AVAILABLE UNDER TRICARE EXTENDED CARE HEALTH OPTION PROGRAM ###
(a)Extended Benefits for Eligible Dependents Subsection
(e)of section 1079 of title 10, United States Code, is amended to read as follows: > > ### “(e) > > > ####
(1)> > Extended benefits for eligible dependents under subsection
(d)may include comprehensive health care services (including services necessary to maintain, or minimize or prevent deterioration of, function of the patient) and case management services with respect to the qualifying condition of such a dependent, and include, to the extent such benefits are not provided under provisions of this chapter other than under this section, the following: > > > ##### “(A) > > Diagnosis and screening. > > > ##### “(B) > > Inpatient, outpatient, and comprehensive home health care supplies and services which may include cost-effective and medically appropriate services other than part-time or intermittent services (within the meaning of such terms as used in the second sentence of section 1861(m) of the Social Security Act (42 U.S.C. 1395x)). > > > ##### “(C) > > Rehabilitation services and devices. > > > ##### “(D) > > In accordance with paragraph (2), respite care for the primary caregiver of the eligible dependent. > > > ##### “(E) > > In accordance with paragraph (3), service and modification of durable equipment and assistive technology devices. > > > ##### “(F) > > Special education. > > > ##### “(G) > > Vocational training, which may be furnished to an eligible dependent in the residence of the eligible dependent or at a facility in which such training is provided. > > > ##### “(H) > > Such other services and supplies as determined appropriate by the Secretary, notwithstanding the limitations in subsection (a)(12). > > > #### “(2) > > Respite care under paragraph (1)(D) shall be provided subject to the following conditions: > > > ##### “(A) > > Pursuant to regulations prescribed by the Secretary for purposes of this paragraph, such respite care shall be limited to 32 hours per month for a primary caregiver. > > > ##### “(B) > > Unused hours of such respite care may not be carried over to another month. > > > ##### “(C) > > Such respite care may be provided to an eligible beneficiary regardless of whether the eligible beneficiary is receiving another benefit under this subsection. > > > #### “(3) > > > #####
(A)> > Service and modification of durable equipment and assistive technology devices under paragraph (1)(E) may be provided only upon determination by the Secretary that the service or modification is necessary for the use of such equipment or device by the eligible dependent. > > > ##### “(B) > > Service and modification of durable equipment and assistive technology devices under such paragraph may not be provided— > > > ###### “(i) > > in the case of misuse, loss, or theft of the equipment or device; or > > > ###### “(ii) > > for a deluxe, luxury, or immaterial feature of the equipment or device, as determined by the Secretary. > > > ##### “(C) > > Service and modification of durable equipment and assistive technology devices under such paragraph may include training of the eligible dependent and immediate family members of the eligible dependent on the use of the equipment or device.” > . ###
(b)Conforming Amendment Subsection
(f)of section 1079 of title 10, United States Code, is amended by striking “paragraph
(3)or
(4)of subsection (e)” each place it appears and inserting “subparagraph (C), (E), (F), or
(G)of subsection (e)(1)”. ###
(c)Additional Requirements in Office of Special Needs Annual Report Section 1781c(g)(2) of title 10, United States Code, is amended— ####
(1)by redesignating subparagraph
(C)as subparagraph (D); and ####
(2)by inserting after subparagraph
(B)the following new subparagraph (C): > > ##### “(C) > > With respect to the Extended Care Health Option program under section 1079(d) of this title— > > > ###### “(i) > > the utilization rates of services under such program by eligible dependents (as such term is defined in such section) during the prior year; > > > ###### “(ii) > > a description of gaps in such services, as ascertained by the Secretary from information provided by families of eligible dependents; > > > ###### “(iii) > > an assessment of factors that prevent knowledge of and access to such program, including a discussion of actions the Secretary may take to address these factors; and > > > ###### “(iv) > > an assessment of the average wait time for an eligible dependent enrolled in the program to access alternative health coverage for a qualifying condition (as such term is defined in such section), including a discussion of any adverse health outcomes associated with such wait.” > . ###
(d)Comptroller General Report ####
(1)Submission Not later than April 1, 2022, the Comptroller General of the United States shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on caregiving available to eligible dependents under programs such as home- and community-based services provided under State Medicaid plans pursuant to waivers under section 1915 of the Social Security Act (42 U.S.C. 1396n) or the Program of Comprehensive Assistance for Family Caregivers of the Department of Veterans Affairs established under section 1720G of title 38, United States Code. ####
(2)Matters The report under paragraph
(1)shall include— #####
(A)an analysis of best practices for the administration of programs to support caregivers of individuals with intellectual or physical disabilities, based on input from payers, administrators, individuals receiving care from such caregivers, and advocates; #####
(B)a comparison of the provision of respite and related care under the Extended Care Health Option program under section 1079(d) of title 10, United States Code, and similar care provided under programs specified in paragraph (1), to identify best practices from such program and, if necessary, make recommendations for improvement; and #####
(C)an analysis of the reasons eligible dependents do not qualify for State programs under which caregiving is available, such as home- and community-based services provided under State Medicaid plans as specified in paragraph (1), with respect to the State in which the eligible dependent is located. ####
(3)Eligible dependent defined In this subsection, “eligible dependent” has the meaning given such term in section 1079(d) of title 10, United States Code.
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Sec. 704
EXPANSION OF BENEFITS AVAILABLE UNDER TRICARE EXTENDED CARE HEALTH OPTION PROGRAM
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