10 U.S.C. § 1074m — Mental health assessments for members

Page 1068 TITLE 10—ARMED FORCES § 1074j the date of the enactment of this Act [Dec. 23, 2024], the Secretary of Defense shall issue guidance with respect to the authority of the Secretary under section 1074i(b) of title 10, United States Code.’’ § 1074j. Sub-acute care program (a) ESTABLISHMENT.—The Secretary of Defense shall establish an effective, efficient, and inte- grated sub-acute care benefits program under this chapter (hereinafter referred to in this sec- tion as the ‘‘program’’). Except as otherwise pro- vided in this section, the types of health care authorized under the program shall be the same as those provided under section 1079 of this title. The Secretary, after consultation with the other administering Secretaries, shall promulgate reg- ulations to carry out this section. (b) BENEFITS.—(1) The program shall include a uniform skilled nursing facility benefit that shall be provided in the manner and under the conditions described in section 1861 (h) and (i) of the Social Security Act (42 U.S.C. 1395x (h) and (i)), except that the limitation on the number of days of coverage under section 1812 (a) and (b) of such Act (42 U.S.C. 1395d (a) and (b)) shall not be applicable under the program. Skilled nursing facility care for each spell of illness shall con- tinue to be provided for as long as medically necessary and appropriate. (2) In this subsection: (A) The term ‘‘skilled nursing facility’’ has the meaning given such term in section 1819(a) of the Social Security Act (42 U.S.C. 1395i–3(a)). (B) The term ‘‘spell of illness’’ has the mean- ing given such term in section 1861(a) of such Act (42 U.S.C. 1395x(a)). (3) The program shall include a comprehen- sive, part-time or intermittent home health care benefit that shall be provided in the manner and under the conditions described in section 1861(m) of the Social Security Act (42 U.S.C. 1395x(m)). (4) The Secretary of Defense may take such actions as are necessary to ensure that there is an effective transition in the furnishing of part- time or intermittent home health care benefits for covered beneficiaries who were receiving such benefits before the establishment of the program under this section. The actions taken under this paragraph may include the continu- ation of such benefits on an extended basis for such time as the Secretary determines appro- priate. (Added Pub. L. 107–107, div. A, title VII, § 701(a)(1), Dec. 28, 2001, 115 Stat. 1158; amended Pub. L. 108–375, div. A, title VII, § 713, Oct. 28, 2004, 118 Stat. 1985.) Editorial Notes AMENDMENTS 2004—Subsec. (b)(4). Pub. L. 108–375 added par. (4). § 1074k. Long-term care insurance Provisions regarding long-term care insurance for members and certain former members of the uniformed services and their families are set forth in chapter 90 of title 5. (Added Pub. L. 107–107, div. A, title VII, § 701(f)(1), Dec. 28, 2001, 115 Stat. 1161.) § 1074l. Notification to Congress of hospitaliza- tion of combat wounded members (a) NOTIFICATION REQUIRED.—The Secretary concerned shall provide notification of the hos- pitalization of any member of the armed forces evacuated from a theater of combat and admit- ted to any military medical treatment facility to the appropriate Members of Congress. (b) APPROPRIATE MEMBERS.—In this section, the term ‘‘appropriate Members of Congress’’, with respect to the member of the armed forces about whom notification is being made, means the Senators representing the State, and the Member, Delegate, or Resident Commissioner of the House of Representatives representing the district, that includes the member’s home of record or a different location as provided by the member. (c) CONSENT OF MEMBER REQUIRED.—The noti- fication under subsection (a) may be provided only with the consent of the member of the armed forces about whom notification is to be made. In the case of a member who is unable to provide consent, information and consent may be provided by next of kin. (Added Pub. L. 110–181, div. A, title XVI, § 1617(a)(1), Jan. 28, 2008, 122 Stat. 449; amended Pub. L. 115–232, div. A, title VII, § 720, Aug. 13, 2018, 132 Stat. 1817.) Editorial Notes AMENDMENTS 2018—Subsec. (a). Pub. L. 115–232 substituted ‘‘admit- ted to any military medical treatment facility’’ for ‘‘admitted to a military treatment facility within the United States’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–181, div. A, title XVI, § 1617(a)(2), Jan. 28, 2008, 122 Stat. 449, provided that: ‘‘The notification re- quirement under section 1074l(a) of title 10, United States Code, as added by paragraph (1), shall apply be- ginning 60 days after the date of the enactment of this Act [Jan. 28, 2008].’’ § 1074m. Mental health assessments for members of the armed forces deployed in support of a contingency operation (a) MENTAL HEALTH ASSESSMENTS.—(1) The Secretary of Defense shall provide a person-to- person mental health assessment for each mem- ber of the armed forces who is deployed in sup- port of a contingency operation as follows: (A) Once during the period beginning 120 days before the date of the deployment. (B) Once during each 180-day period during which a member is deployed. (C) Subject to paragraph (3) and subsection (d), once during the period beginning on the date of redeployment from the contingency operation and ending on the date that is 21 days after the date on which the post-deploy- ment leave of the member terminates. (D) Subject to subsection (d), not less than once annually— (i) beginning 21 days after the date on which the post-deployment leave of the member terminates; or Page 1069 TITLE 10—ARMED FORCES § 1074m (ii) if the assessment required by subpara- graph (C) is performed during the period specified in paragraph (3), beginning 180 days after the date of redeployment from the con- tingency operation. (2) A mental health assessment is not required for a member of the armed forces under subpara- graphs (C) and (D) of paragraph (1) (including an assessment performed pursuant to paragraph (3)) if the Secretary determines that providing such assessment to the member during the time peri- ods under such subparagraphs would remove the member from forward deployment or put mem- bers or operational objectives at risk. (3) A mental health assessment required under subparagraph (C) of paragraph (1) may be pro- vided during the period beginning 90 days after the date of redeployment from the contingency operation and ending 180 days after such rede- ployment date if the Secretary determines that— (A) an insufficient number of personnel are available to perform the assessment during the time period under such subparagraph; or (B) an administrative processing issue exists upon the return of the member to the home unit or duty station that would prohibit the effective performance of the assessment dur- ing such time period. (b) PURPOSE.—The purpose of the mental health assessments provided pursuant to this section shall be to identify post-traumatic stress disorder, suicidal tendencies, and other behavioral health conditions identified among members described in subsection (a) in order to determine which such members are in need of additional care and treatment for such health conditions. (c) ELEMENTS.—(1) The mental health assess- ments provided pursuant to this section shall— (A) be performed by personnel trained and certified to perform such assessments and may be performed— (i) by licensed mental health professionals if such professionals are available and the use of such professionals for the assessments would not impair the capacity of such pro- fessionals to perform higher priority tasks; (ii) by personnel in deployed units whose responsibilities include providing unit health care services if such personnel are available and the use of such personnel for the assessments would not impair the capac- ity of such personnel to perform higher pri- ority tasks; and (iii) by personnel at private facilities in accordance with section 1074(c) of this title; (B) include a person-to-person dialogue be- tween members described in subsection (a) and the professionals or personnel described by subparagraph (A), as applicable, on such mat- ters as the Secretary shall specify in order that the assessments achieve the purpose spec- ified in subsection (b) for such assessments; (C) be conducted in a private setting to fos- ter trust and openness in discussing sensitive health concerns; (D) be provided in a consistent manner across the military departments; and (E) include a review of the health records of the member that are related to each previous deployment of the member or other relevant activities of the member while serving in the armed forces, as determined by the Secretary. (2) The Secretary may treat periodic health assessments and other person-to-person assess- ments that are provided to members of the armed forces, including examinations under sec- tion 1074f of this title, as meeting the require- ments for mental health assessments required under this section if the Secretary determines that such assessments and person-to-person as- sessments meet the requirements for mental health assessments established by this section. (d) CESSATION OF ASSESSMENTS.—No mental health assessment is required to be provided to an individual under subparagraph (C) or (D) of subsection (a)(1) after the individual’s discharge or release from the armed forces. (e) SHARING OF INFORMATION.—(1) The Sec- retary of Defense shall share with the Secretary of Veterans Affairs such information on mem- bers of the armed forces that is derived from confidential mental health assessments, includ- ing mental health assessments provided pursu- ant to this section and section 1074n of this title and health assessments and other person-to-per- son assessments provided before the date of the enactment of this section, as the Secretary of Defense and the Secretary of Veterans Affairs jointly consider appropriate to ensure con- tinuity of mental health care and treatment of members of the armed forces during the transi- tion from health care and treatment provided by the Department of Defense to health care and treatment provided by the Department of Vet- erans Affairs. (2) Any sharing of information under para- graph (1) shall occur pursuant to a protocol jointly established by the Secretary of Defense and the Secretary of Veterans Affairs for pur- poses of this subsection. Any such protocol shall be consistent with the following: (A) Applicable provisions of the Wounded Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 note), including section 1614 of such Act (122 Stat. 443; 10 U.S.C. 1071 note). (B) Section 1720F of title 38. (3) Before each mental health assessment is conducted under subsection (a), the Secretary of Defense shall ensure that the member is notified of the sharing of information with the Secretary of Veterans Affairs under this subsection. (f) REGULATIONS.—(1) The Secretary of De- fense, in consultation with the other admin- istering Secretaries, shall prescribe regulations for the administration of this section. (2) Not later than 270 days after the date of the issuance of the regulations prescribed under paragraph (1), the Secretary shall notify the congressional defense committees of the imple- mentation of the regulations by the military de- partments. (Added Pub. L. 112–81, div. A, title VII, § 702(a)(1), Dec. 31, 2011, 125 Stat. 1469; amended Pub. L. 112–239, div. A, title VII, § 703, Jan. 2, 2013, 126 Stat. 1800; Pub. L. 113–291, div. A, title VII, § 701(a)(5), (b), title X, § 1071(f)(13), Dec. 19, 2014, 128 Stat. 3409, 3510; Pub. L. 115–232, div. A, title VII, § 701, Aug. 13, 2018, 132 Stat. 1804; Pub. L. 116–92, div. A, title VII, § 706(a)–(c), Dec. 20, 2019, 133 Stat. 1440, 1441.) Page 1070 TITLE 10—ARMED FORCES § 1074n Editorial Notes REFERENCES IN TEXT The date of the enactment of this section, referred to in subsec. (e)(1), is the date of enactment of Pub. L. 112–81, which was approved Dec. 31, 2011. AMENDMENTS 2019—Subsec. (a)(1)(B). Pub. L. 116–92, § 706(c), sub- stituted ‘‘Once’’ for ‘‘Until January 1, 2019, once’’. Subsec. (a)(1)(C), (D). Pub. L. 116–92, § 706(a), added subpars. (C) and (D) and struck out former subpars. (C) and (D) which read as follows: ‘‘(C) Subject to subsection (d), once during the period beginning 90 days after the date of redeployment from the contingency operation and ending 180 days after such redeployment date. ‘‘(D) Subject to subsection (d), not later than once during each of— ‘‘(i) the period beginning 180 days after the date of redeployment from the contingency operation and ending 18 months after such redeployment date; and ‘‘(ii) the period beginning 18 months after such re- deployment date and ending 30 months after such re- deployment date.’’ Subsec. (a)(2), (3). Pub. L. 116–92, § 706(b), added pars. (2) and (3) and struck out former par. (2) which read as follows: ‘‘A mental health assessment is not required for a member of the armed forces under subparagraphs (C) and (D) of paragraph (1) if the Secretary determines that— ‘‘(A) the member was not subjected or exposed to operational risk factors during deployment in the contingency operation concerned; or ‘‘(B) providing such assessment to the member dur- ing the time periods under such subparagraphs would remove the member from forward deployment or put members or operational objectives at risk.’’ 2018—Subsec. (a)(1)(C). Pub. L. 115–232, § 701(1), sub- stituted ‘‘Subject to subsection (d), once’’ for ‘‘Once’’. Subsec. (d). Pub. L. 115–232, § 701(2), which directed substitution of ‘‘subparagraph (C) or (D) of subsection (a)(1)’’ for ‘‘subsection (a)(1)(D)’’, was executed by mak- ing the substitution for ‘‘subsection (a)(1)(C)’’ to reflect the probable intent of Congress. 2014—Subsec. (a)(1)(B) to (D). Pub. L. 113–291, § 701(b)(1)(A), added subpar. (B) and redesignated former subpars. (B) and (C) as (C) and (D), respectively. Subsec. (a)(2). Pub. L. 113–291, § 1071(f)(13), which di- rected substitution of ‘‘subparagraphs’’ for ‘‘subpara- graph’’ in introductory provisions, could not be exe- cuted because of the prior amendment by Pub. L. 113–291, § 701(b)(2). See below. Pub. L. 113–291, § 701(b)(2), substituted ‘‘subparagraphs (C) and (D)’’ for ‘‘subparagraph (B) and (C)’’ in intro- ductory provisions. Subsec. (c)(1)(A)(ii), (iii). Pub. L. 113–291, § 701(b)(1)(B), added cl. (ii) and redesignated former cl. (ii) as (iii). Subsec. (e)(1). Pub. L. 113–291, § 701(a)(5), inserted ‘‘and section 1074n of this title’’ after ‘‘pursuant to this section’’. 2013—Subsec. (a)(1)(C)(i). Pub. L. 112–239 substituted ‘‘18 months’’ for ‘‘one year’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2019 AMENDMENT Pub. L. 116–92, div. A, title VII, § 706(d), Dec. 20, 2019, 133 Stat. 1441, provided that: ‘‘The amendments made by subsections (a) and (b) [amending this section] shall apply with respect to a date of redeployment that is on or after January 1, 2020.’’ REGULATIONS Pub. L. 112–81, div. A, title VII, § 702(a)(3), Dec. 31, 2011, 125 Stat. 1471, provided that: ‘‘The Secretary of Defense shall prescribe an interim final rule with re- spect to the amendment made by paragraph (1) [enact- ing this section], effective not later than 90 days after the date of the enactment of this Act [Dec. 31, 2011].’’ § 1074n. Annual mental health assessments for members of the armed forces (a) MENTAL HEALTH ASSESSMENTS.—Subject to subsection (c), not less frequently than once each calendar year (and before separation from active duty pursuant to section 1145(a)(5)(A) of this title), the Secretary of Defense shall pro- vide a person-to-person mental health assess- ment for— (1) each member of a regular component of the armed forces; and (2) each member of the Selected Reserve of an armed force. (b) ELEMENTS.—The mental health assess- ments provided pursuant to this section shall— (1) be conducted in accordance with the re- quirements of subsection (c)(1) of section 1074m of this title with respect to a mental health assessment provided pursuant to such section; and (2) include a review of the health records of the member that are related to each previous health assessment or other relevant activities of the member while serving in the armed forces, as determined by the Secretary. (c) SUFFICIENCY OF OTHER MENTAL HEALTH AS- SESSMENTS.—(1) The Secretary is not required to provide a mental health assessment pursuant to this section to an individual in a calendar year in which the individual has received a mental health assessment pursuant to section 1074m of this title. (2) The Secretary may treat periodic health assessments and other person-to-person assess- ments that are provided to members of the armed forces, including examinations under sec- tion 1074f of this title, as meeting the require- ments for mental health assessments required under this section if the Secretary determines that such assessments and person-to-person as- sessments meet the requirements for mental health assessments established by this section. (d) PRIVACY MATTERS.—Any medical or other personal information obtained under this sec- tion shall be protected from disclosure or misuse in accordance with the laws on privacy applica- ble to such information. (e) REGULATIONS.—The Secretary of Defense shall, in consultation with the other admin- istering Secretaries, prescribe regulations for the administration of this section. (Added Pub. L. 113–291, div. A, title VII, § 701(a)(1), Dec. 19, 2014, 128 Stat. 3408; amended Pub. L. 115–91, div. A, title VII, § 706(b), Dec. 12, 2017, 131 Stat. 1436.) Editorial Notes AMENDMENTS 2017—Subsec. (a). Pub. L. 115–91 inserted ‘‘(and before separation from active duty pursuant to section 1145(a)(5)(A) of this title)’’ after ‘‘each calendar year’’ in introductory provisions. Statutory Notes and Related Subsidiaries IMPLEMENTATION OF REGULATIONS Pub. L. 113–291, div. A, title VII, § 701(a)(3), Dec. 19, 2014, 128 Stat. 3409, provided that: ‘‘Not later than 180 days after the date of the issuance of the regulations