LICENSED MENTAL HEALTH COUNSELORS AND THE TRICARE PROGRAM.

SEC. 717. LICENSED MENTAL HEALTH COUNSELORS AND THE TRICARE PROGRAM.(a) Regulations.—The Secretary of Defense shall prescribe regulations to establish criteria that licensed or certified mental health counselors shall meet in order to be able to independently provide care to TRICARE beneficiaries and receive payment under the TRICARE program for such services. The criteria shall include requirements for education level, licensure, certification, and clinical experience as considered appropriate by the Secretary.(b) Study Required.—The Secretary of Defense shall enter into a contract with the Institute of Medicine of the National Academy of Sciences, or another similarly qualified independent academic medical organization, for the purpose of—(1) conducting an independent study of the credentials, preparation, and training of individuals practicing as licensed mental health counselors; and(2) making recommendations for permitting licensed mental health counselors to practice independently under the TRICARE program.(c) Elements of Study.—(1) Educational requirements.—The study required by subsection (b) shall provide for an assessment of the educational requirements and curricula relevant to mental health practice for licensed mental health counselors, including types of degrees recognized, certification standards for graduate programs for such profession, and recognition of undergraduate coursework for completion of graduate degree requirements.(2) Licensing requirements.—The study required by subsection (b) shall provide for an assessment of State licensing requirements for licensed mental health counselors, including for each level of licensure if a State issues more than one type of license for the profession. The assessment shall examine requirements in the areas of education, training, examination, continuing education, and ethical standards, and shall include an evaluation of the extent to which States authorize members of the licensed mental health counselor profession to diagnose and treat mental illnesses.(3) Clinical experience requirements.—The study required by subsection (b) shall provide for an analysis of the requirements for clinical experience for a licensed mental health counselor to be recognized under regulations for the TRICARE program, and recommendations, if any, for standardization or adjustment of such requirements.(4) Independent practice under other federal programs.—The study required by subsection (b) shall provide for an assessment of the extent to which licensed mental health 122 STAT. 197 counselors are authorized to practice independently under other Federal programs (such as the Medicare program, the Department of Veterans Affairs, the Indian Health Service, and Head Start), and a review of the relationship, if any, between recognition of mental health professions under the Medicare program and independent practice authority for such profession under the TRICARE program.(5) Independent practice under fehbp.—The study required by subsection (b) shall provide for an assessment of the extent to which licensed mental health counselors are authorized to practice independently under the Federal Employee Health Benefits Program and private insurance plans. The assessment shall identify the States having laws requiring private insurers to cover, or offer coverage of, the services of members of licensed mental health counselors and shall identify the conditions, if any, that are placed on coverage of practitioners under the profession by insurance plans and how frequently these types of conditions are used by insurers.(6) Historical review of regulations.—The study required by subsection (b) shall provide for a review of the history of regulations prescribed by the Department of Defense regarding which members of the mental health profession are recognized as providers under the TRICARE program as independent practitioners, and an examination of the recognition by the Department of third-party certification for members of such profession.(7) Clinical capabilities studies.—The study required by subsection (b) shall include a review of outcome studies and of the literature regarding the comparative quality and effectiveness of care provided by licensed mental health counselors and provide an independent review of the findings.(d) Recommendations for TRICARE Independent Practice Authority.—The recommendations provided under subsection (b)(2) shall include recommendations regarding modifications of current policy for the TRICARE program with respect to allowing licensed mental health counselors to practice independently under the TRICARE program.(e) Report.—Not later than March 1, 2009, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the review required by subsection (b).