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DOD/DODOASHA

RIN: 0720-AB55

Publication ID: Fall 2014

Title: TRICARE: Certified Mental Health Counselors
Abstract: This rule was published as an interim final rule (IFR) in order to meet the congressional requirement set forth in the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2011, section 724, which required the Department of Defense to prescribe regulations by June 20, 2011, to establish the criteria, as had previously been studied in accordance with section 717 of the NDAA 2008, that would allow licensed or certified mental health counselors (MHCs) to be able to independently provide care to TRICARE beneficiaries and receive payment for those services. Under current TRICARE requirements, MHCs are authorized to practice only with physician referral and supervision. This IFR establishes a transition period to allow MHCs to gain the requisite education, examination, and post-master's clinical experience for the new category of qualified mental health professionals, TRICARE Certified Mental Health Counselors, who will be authorized to practice independently under TRICARE, while phasing out the category of MHC who require referral and supervision from TRICARE authorized physicians.
Agency: Department of Defense(DOD)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Completed Actions
Major: No	Unfunded Mandates: No
CFR Citation: 32 CFR 199
Legal Authority: 5 USC 301 10 USC ch 55

Legal Deadline:

Action	Source	Description	Date
Final	Statutory	section 724 of NDAA 2011	06/20/2011

Overall Description of Deadline: A Congressional requirement set forth in the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2011, section 724, required the Department of Defense to prescribe regulations by June 20, 2011, to establish the criteria, as had previously been studied in accordance with section 717 of the NDAA 2008, that would allow licensed or certified mental health counselors to be able to independently provide care to TRICARE beneficiaries and receive payment for those services.

Timetable:

Action	Date	FR Cite
Interim Final Rule	12/27/2011	76 FR 80741
Interim Final Rule Effective	12/27/2011
Interim Final Rule Comment Period End	02/27/2012
Final Action	07/17/2014	79 FR 41636
Final Action Effective	08/18/2014

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: Patricia Moseley Department of Defense Office of Assistant Secretary for Health Affairs Defense Pentagon, Washington, DC 22301 Phone:703 681-0064