PUBLIC LAW 101-510—NOV. 5, 1990
104 STAT. 1581
SEC. 702. REPEAL OF THE LIMITATION ON THE PAYMENT OF SERVICES
OF MARRIAGE AND FAMILY THERAPISTS AS A MEDICAL EX-
PENSE
(a) REPEAL OF LIMITATION.— Section 1079(a) of title 10, United
States Code, is amended—
(1) in paragraph (8)—
(A) by inserting "(other than certified marriage and
family therapists) after "marital counselors"; and
(B) by adding before the semicolon the following: "and
services of certified marriage and family therapists may be
provided consistent with such rules as may be prescribed by
the Secretary of Defense, including credentialing criteria
and a requirement that the therapists accept payment
under this section as full payment for all services provided"; and
(2) in paragraph (13), by inserting "certified marriage and
family therapist,' after "psychologist,".
(b) APPLICATION OF AMENDMENTS.— The amendments made by lo use 1079
subsection (a) shall apply with respect to the services of certified "°*^®
marriage and family therapists provided under section 1079 or 1086
of title 10, United States Code, on or after the date of the enactment
of this Act.
SEC. 703. MENTAL HEALTH SERVICES
(a) REDUCTION IN AUTHORIZED INPATIENT CARE.— Subsection (a)(6)
of section 1079 of title 10, United States Code, is amended by
striking out "in excess of 60 days in any year;" and inserting in lieu
thereof the following: "in excess of—
"(A) 30 days in any year, in the case of a patient 19 years
of age or older;
"(B) 45 days in any year, in the case of a patient under 19
years of age; or
"(C) 150 days in any year, in the case of inpatient mental
health services provided as residential treatment care;".
(b) MANAGEMENT OF MENTAL HEALTH SERVICES. —Subsection (i) of
such section is amended to read as follows:
"(i)(1) The limitation in subsection (a)(6) does not apply in the case
of inpatient mental health services—
"(A) provided under the program for the handicapped under
subsection (d);
"(B) provided as partial hospital care; or
"(C) provided pursuant to a waiver authorized by the Secretary of Defense because of medical or psychological circumstances of the patient that are confirmed by a health
professional who is not a Federal employee after a review,
pursuant to rules prescribed by the Secretary, which takes into
account the appropriate level of care for the patient, the intensity
of services required by the patient, and the availability of that
care.
"(2) Notwithstanding subsection (b) or section 1086(b) of this title,
the Secretary of Defense (after consulting with the other administering Secretaries) may prescribe separate payment requirements
(including deductibles, copa3mients, and catastrophic limits) for the
provision of mental hesdth services to persons covered by this
section or section 1086 of this title. The payment requirements may
vary for different categories of covered beneficiaries, by type of
mental health service provided, and based on the location of the
covered beneficiaries.
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