SERVE Act

I 116TH CONGRESS 1ST SESSION H. R. 2767 To amend title 10, United States Code, to provide for eating disorders treatment for members and certain former members of the uniformed services, and dependents of such members, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 15, 2019 Mr. MOULTON (for himself and Mr. MAST) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to provide for eating disorders treatment for members and certain former members of the uniformed services, and dependents of such members, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Supporting Eating dis- 4 orders Recovery through Vital Expansion Act’’ or the 5 ‘‘SERVE Act’’. 6 SEC. 2. FINDINGS. 7 Congress finds the following: 8 VerDate Sep 11 2014 18:13 Jun 03, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2767.IH H2767 jbell on DSK3GLQ082PROD with BILLS 2 •HR 2767 IH (1) Eating disorders affect approximately 1 30,000,000 Americans, including individuals from 2 every age, gender, body size, race, and socioeconomic 3 status. 4 (2) Eating disorders include anorexia nervosa, 5 bulimia nervosa, binge-eating disorder, avoidant/re- 6 strictive intake disorder, and Other Specified Feed- 7 ing or Eating Disorders. 8 (3) Eating disorders result in the highest mor- 9 tality rate of any psychiatric illness, and the suicide 10 rate for individuals with such disorders is 23 percent 11 higher than the suicide rate for the general popu- 12 lation. 13 (4) Research demonstrates that— 14 (A) eating disorders often co-occur with 15 complex medical conditions, mental illnesses, 16 and substance use disorders; and 17 (B) up to 35 percent of individuals with a 18 substance use disorder have a co-occurring eat- 19 ing disorder. 20 (5) Studies indicate that there is a higher prev- 21 alence of eating disorders among members of the 22 Armed Forces and veterans than among the general 23 population. 24 VerDate Sep 11 2014 00:48 May 29, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2767.IH H2767 jbell on DSK3GLQ082PROD with BILLS 3 •HR 2767 IH (6) Family members of members of the Armed 1 Forces have a higher prevalence of eating disorders 2 than the general population, with 20 percent of chil- 3 dren of members of the Armed Forces found at risk 4 of developing an eating disorder. 5 (7) Research has found a significant relation- 6 ship between eating disorders and members of the 7 Armed Forces and veterans with a history of post- 8 traumatic stress and sexual trauma. 9 (8) Female members of the Armed Forces have 10 a particularly high risk for an eating disorder, as 11 studies have found that 16 percent of such members 12 have an eating disorder and 34 percent of such 13 members are at risk of developing an eating dis- 14 order. 15 SEC. 3. EATING DISORDERS TREATMENT FOR DEPEND- 16 ENTS. 17 Section 1077 of title 10, United States Code, is 18 amended— 19 (1) in subsection (a)(5), by inserting ‘‘, includ- 20 ing, in accordance with subsection (i), eating dis- 21 orders’’ after ‘‘chronic conditions’’; and 22 (2) by adding at the end the following new sub- 23 section: 24 VerDate Sep 11 2014 00:48 May 29, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2767.IH H2767 jbell on DSK3GLQ082PROD with BILLS 4 •HR 2767 IH ‘‘(i)(1) The provision of health care services for an 1 eating disorder under subsection (a)(5) shall include treat- 2 ment at facilities providing the following hospital-based or 3 freestanding services: 4 ‘‘(A) Inpatient services. 5 ‘‘(B) Residential services. 6 ‘‘(C) Partial hospitalization services. 7 ‘‘(D) Intensive outpatient services. 8 ‘‘(E) Outpatient services. 9 ‘‘(2) A dependent may be provided health care serv- 10 ices for an eating disorder under subsection (a)(5) without 11 regard to— 12 ‘‘(A) the age of the dependent; and 13 ‘‘(B) whether the dependent has a primary di- 14 agnosis of such disorder. 15 ‘‘(3) In this section, the term ‘eating disorder’ has 16 the meaning given that term in the Diagnostic and Statis- 17 tical Manual of Mental Disorders, 5th Edition (or suc- 18 cessor edition), published by the American Psychiatric As- 19 sociation.’’. 20 SEC. 4. IDENTIFICATION AND TREATMENT OF EATING DIS- 21 ORDERS FOR MEMBERS OF THE ARMED 22 FORCES. 23 Section 1090 of title 10, United States Code, is 24 amended— 25 VerDate Sep 11 2014 00:48 May 29, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2767.IH H2767 jbell on DSK3GLQ082PROD with BILLS 5 •HR 2767 IH (1) by striking ‘‘The Secretary of Defense’’ and 1 inserting the following: 2 ‘‘(a) IDENTIFICATION AND TREATMENT OF EATING 3 DISORDERS AND DRUG AND ALCOHOL DEPENDENCE.— 4 The Secretary of Defense’’; 5 (2) by inserting ‘‘have an eating disorder or’’ 6 before ‘‘are dependent on drugs or alcohol’’; and 7 (3) by adding at the end the following new sub- 8 sections: 9 ‘‘(b) FACILITIES AVAILABLE TO INDIVIDUALS WITH 10 EATING DISORDERS.—For purposes of this section, ‘nec- 11 essary facilities’ described in subsection (a) shall include 12 the facilities described in section 1077(i)(1). 13 ‘‘(c) ELIGIBILITY FOR TREATMENT.—The Secretary 14 of Defense, and the Secretary of Homeland Security with 15 respect to the Coast Guard when it is not operating as 16 a service in the Navy, may not deny a member of the 17 armed forces treatment for an eating disorder on the basis 18 that such disorder is not the primary diagnosis of such 19 member. 20 ‘‘(d) EATING DISORDER DEFINED.—In this section, 21 the term ‘eating disorder’ has the meaning given that term 22 in section 1077(i)(3).’’. 23 VerDate Sep 11 2014 00:48 May 29, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2767.IH H2767 jbell on DSK3GLQ082PROD with BILLS 6 •HR 2767 IH SEC. 5. MENTAL HEALTH EARLY IDENTIFICATION TRAIN- 1 ING. 2 Section 1090a of title 10, United States Code, is 3 amended— 4 (1) in subsection (b)— 5 (A) by striking ‘‘and’’ at the end of para- 6 graph (1); 7 (B) by striking the period and inserting ‘‘; 8 and’’ at the end of paragraph (2); and 9 (C) by adding at the end the following new 10 paragraph: 11 ‘‘(3) encourage commanders and supervisory 12 personnel to undertake mental health early identi- 13 fication training.’’; and 14 (2) in subsection (e), by adding at the end the 15 following new paragraph: 16 ‘‘(4) The term ‘mental health early identifica- 17 tion training’ means a training designed to educate 18 the trainee on— 19 ‘‘(A) warning signs and symptoms of men- 20 tal health illness, including an eating disorder; 21 and 22 ‘‘(B) how to refer an individual for mental 23 health treatment.’’. 24 VerDate Sep 11 2014 00:48 May 29, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2767.IH H2767 jbell on DSK3GLQ082PROD with BILLS 7 •HR 2767 IH SEC. 6. EXPEDITED ACCESS TO MENTAL HEALTH CARE. 1 (a) FACILITIES PROVIDING MENTAL HEALTH SERV- 2 ICES.—Chapter 55 of title 10, United States Code, is 3 amended by inserting after section 1095g the following 4 new section: 5 ‘‘§ 1095h. Expedited approval of certain facilities pro- 6 viding mental health services 7 ‘‘The Secretary shall prescribe regulations to estab- 8 lish that a facility may receive expedited authorization to 9 provide services under this chapter if— 10 ‘‘(1) such facility is affiliated with a facility or 11 provider authorized to provide services under this 12 chapter; and 13 ‘‘(2) such facility only provides mental health 14 services.’’. 15 (b) CLERICAL AMENDMENT.—The table of sections 16 at the beginning of such chapter is amended by inserting 17 after the item relating to section 1095g the following new 18 item: 19 ‘‘1095h. Expedited approval of certain facilities providing mental health serv- ices.’’. 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