[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4221 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 4221
To amend title 10, United States Code, to eliminate certain healthcare
charges for members of the Selected Reserve eligible for TRICARE
Reserve Select, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 20, 2023
Mr. Kim of New Jersey (for himself and Mr. Kelly of Mississippi)
introduced the following bill; which was referred to the Committee on
Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to eliminate certain healthcare
charges for members of the Selected Reserve eligible for TRICARE
Reserve Select, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthcare for Our Troops Act''.
SEC. 2. ELIMINATION OF CERTAIN HEALTHCARE CHARGES FOR MEMBERS OF THE
SELECTED RESERVE.
(a) TRICARE Reserve Select.--Section 1076d of title 10, United
States Code, is amended to read as follows:
``Sec. 1076d. TRICARE program: TRICARE Reserve Select coverage for
members of the Selected Reserve
``(a) Members of Selected Reserve.--(1) A member of the Selected
Reserve of the Ready Reserve of a reserve component of the Armed Forces
is eligible for health benefits under TRICARE Reserve Select as
provided in this section.
``(2) Eligibility for TRICARE Reserve Select coverage of a member
under this section shall terminate upon the termination of the service
of that member in the Selected Reserve.
``(b) TRICARE Reserve Select Family Coverage.--While a member of a
reserve component is covered by TRICARE Reserve Select under subsection
(a), the members of the immediate family of such member are eligible
for TRICARE Reserve Select coverage as dependents of the member. If a
member of a reserve component dies while in a period of coverage under
this section, the eligibility of the members of the immediate family of
such member for TRICARE Reserve Select coverage shall continue for six
months beyond the date of death of the member.
``(c) No Premiums for Individual Coverage.--A member of a reserve
component covered by TRICARE Reserve Select individual coverage shall
pay no premium for such coverage.
``(d) Premiums for Family Coverage.--(1) A member of a reserve
component covered by TRICARE Reserve Select under this section shall
pay a premium for any member of the immediate family of such member
covered under TRICARE Reserve Select family coverage. Such premium
shall apply instead of any enrollment fees required under section 1075
of this title.
``(2) The Secretary of Defense shall prescribe for the purposes of
this section one premium for TRICARE Reserve Select family coverage of
immediate family members of members of the reserve components, that
shall apply uniformly to all such immediate family members.
``(3)(A) The monthly amount of the premium in effect for a month
for TRICARE Reserve Select family coverage under this section shall be
the amount equal to 28 percent of the total monthly amount determined
on an appropriate actuarial basis as being reasonable for that
coverage.
``(B) The appropriate actuarial basis for purposes of subparagraph
(A) shall be determined, for each calendar year after calendar year
2009, by utilizing the actual cost of providing benefits under this
section to members' dependents during the calendar years preceding such
calendar year.
``(4) The premiums for TRICARE Reserve Select family coverage
payable by a member of a reserve component under this subsection may be
deducted and withheld from basic pay payable to the member under
section 204 of title 37 or from compensation payable to the member
under section 206 of such title. The Secretary shall prescribe the
requirements and procedures applicable to the payment of premiums.
``(5) Amounts collected as premiums under this subsection shall be
credited to the appropriation available for the Defense Health Program
Account under section 1100 of this title, shall be merged with sums in
such Account that are available for the fiscal year in which collected,
and shall be available under subsection (b) of such section for such
fiscal year.
``(e) Cost-Sharing Amounts.--
``(1) Network individual coverage.--Except as provided in
paragraph (2), a beneficiary covered by TRICARE Reserve Select
individual coverage shall pay no charge for any healthcare
service to which the beneficiary is entitled pursuant to such
coverage.
``(2) Out-of-network individual coverage.--With respect to
out-of-network healthcare services, a beneficiary covered by
TRICARE Reserve Select individual coverage shall be subject to
the same out-of-network cost-sharing requirements as those to
which beneficiaries described in section 1075(c)(1) of this
title in the active-duty family member category are subject to
for the corresponding year.
``(3) Family coverage.--A beneficiary covered by TRICARE
Reserve Select family coverage shall be subject to the same
cost-sharing requirements as those to which beneficiaries
described in section 1075(c)(1) of this title in the active-
duty family member category are subject to for the
corresponding year.
``(f) Regulations.--The Secretary of Defense, in consultation with
the other administering Secretaries, shall prescribe regulations for
the administration of this section.
``(g) Definitions.--In this section:
``(1) The terms `active-duty family member category',
`network', and `out-of-network' have the meanings given such
terms in section 1075(h) of this title.
``(2) The term `immediate family', with respect to a member
of a reserve component, means any dependents of the member
described in subparagraph (A), (D), or (I) of section 1072(2)
of this title.
``(3) The term `TRICARE Reserve Select' means--
``(A) medical care at facilities of the uniformed
services to which a dependent described in section
1076(a)(2) of this title is entitled; and
``(B) health benefits under the TRICARE Select
self-managed, preferred provider network option under
section 1075 of this title made available to
beneficiaries by reason of this section and subject to
the cost-sharing requirements set forth in subsection
(e) of this section.
``(4) The term `TRICARE Reserve Select family coverage'
means the coverage under TRICARE Reserve Select of any members
of the immediate family of a member of the Selected Reserve of
the Ready Reserve of a reserve component, as described in
subsection (b).
``(5) The term `TRICARE Reserve Select individual coverage'
means the coverage under TRICARE Reserve Select of a member of
the Selected Reserve of the Ready Reserve of a reserve
component, as described in subsection (a).''.
(b) TRICARE Dental for Selected Reserve.--Section 1076a of title
10, United States Code, is amended--
(1) in subsection (a)--
(A) in the heading of paragraph (1), by striking
``selected reserve and''; and
(B) by adding at the end the following new
paragraph:
``(5) Plan for selected reserve.--A dental benefits plan
for members of the Selected Reserve of the Ready Reserve.'';
(2) in subsection (d)--
(A) by redesignating paragraph (3) as paragraph
(4); and
(B) by inserting after paragraph (2) the following
new paragraph:
``(3) No premium plans.--(A) The dental insurance plan
established under subsection (a)(5) is a no premium plan.
``(B) Members enrolled in a no premium plan may not be
charged a premium for benefits provided under the plan.'';
(3) in subsection (e)(2)(A), by striking ``a member of the
Selected Reserve of the Ready Reserve or'';
(4) by redesignating subsections (f) through (l) as
subsections (g) through (m), respectively;
(5) by inserting after subsection (e) the following new
subsection (f):
``(f) Copayments Under No Premium Plans.--A member who receives
dental care under a no premium plan referred to in subsection (d)(3)
shall pay no charge for any care described in subsection (c).''; and
(6) in subsection (i), as redesignated by paragraph (4), by
striking ``subsection (k)(2)'' and inserting ``subsection
(l)(2)''.
(c) Improvements to Coverage for Certain Retirees.--
(1) Adjustment of eligibility.--Section 1074(b)(2) of title
10, United States Code, is amended to read as follows:
``(2) Paragraph (1) does not apply to a member or former member
entitled to retired pay for non-regular service under chapter 1223 of
this title who is under 60 years of age unless such member or former
member is in receipt of such pay (or would be in receipt of such pay
but for section 5304 or 5305 of title 38).''.
(2) TRICARE retired reserve.--Section 1076e(a)(1) of title
10, United States Code, is amended by striking ``but is not age
60'' and inserting ``but is not age 60 and is not in receipt of
such retired pay (or would be in receipt of such pay but for
section 5304 or 5305 of title 38)''.
(d) Conforming Amendments to TRICARE Select.--Section 1075 of title
10, United States Code, is amended--
(1) by amending subsection (c)(3) to read as follows:
``(3) With respect to beneficiaries in the reserve and
young adult category--
``(A) for beneficiaries covered by section 1076e or
1110b of this title, the cost-sharing requirements
shall be calculated pursuant to subsection (d)(1) as if
the beneficiary were in the active-duty family member
category or the retired category, as applicable, except
that the premiums calculated pursuant to section 1076e
or 1110b of this title shall apply instead of any
enrollment fee required under this section; and
``(B) for beneficiaries covered by section 1076d of
this title, the cost-sharing requirements shall be
calculated pursuant to section (e) of such section.''.
(e) Applicability.--This section shall apply with respect to the
provision of healthcare under the TRICARE program beginning on the date
that is one year after the date of the enactment of this Act.
SEC. 3. FORMS AND STUDY RELATING TO IMPROVED COVERAGE FOR MEMBERS OF
THE SELECTED RESERVE.
(a) Forms.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall develop forms to be used by
civilian healthcare providers under the purchased care component of the
TRICARE Program for medical and dental care for members of the Selected
Reserve eligible for TRICARE Reserve Select. Such forms shall include
opportunities for the healthcare provider to indicate, with respect to
the member, the following information:
(1) Medical Readiness Classification.
(2) Dental Readiness Classification.
(3) Fitness for deployment.
(4) Any other information the Secretary determines
necessary.
(b) Study.--
(1) In general.--The Secretary of Defense shall conduct a
study on--
(A) the phasing out of mass medical events and
periodic health assessments for members of the Selected
Reserve eligible for TRICARE Reserve Select; and
(B) the replacement of such events and processes
with the new TRICARE Reserve Select coverage model
under section 1076d of title 10, United States Code (as
amended by section 1), and the use of forms by civilian
healthcare providers as specified in subsection (a).
(2) Findings.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate a report containing the findings of the study
under paragraph (1).
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