HR 2966 IH

106th CONGRESS

1st Session

H. R. 2966

To restore health care coverage to retired members of the uniformed services.

IN THE HOUSE OF REPRESENTATIVES

September 28, 1999

Mr. SHOWS (for himself and Mr. NORWOOD) introduced the following bill; which was referred to the Committee on Government Reform, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisons as fall within the jurisdiction of the committee concerned

A BILL

To restore health care coverage to retired members of the uniformed services.

• 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 `Keep Our Promise to America's Military Retirees Act'.

SEC. 2. FINDINGS.

• Congress finds the following:

• • (1) No statutory health care program existed for members of the uniformed services who entered service prior to June 7, 1956, and retired after serving a minimum of 20 years or by reason of a service-connected disability.

• • (2) Recruiters for the uniformed services are agents of the United States government and employed recruiting tactics that allowed members who entered the uniformed services prior to June 7, 1956, to believe they would be entitled to fully-paid lifetime health care upon retirement.

• • (3) Statutes enacted in 1956 entitled those who entered service on or after June 7, 1956, and retired after serving a minimum of 20 years or by reason of a service-connected disability, to medical and dental care in any facility of the uniformed services, subject to the availability of space and facilities and the capabilities of the medical and dental staff.

• • (4) After 4 rounds of base closures between 1988 and 1995 and further drawdowns of remaining military medical treatment facilities, access to `space available' health care in a military medical treatment facility is virtually nonexistent for many military retirees.

• • (5) The military health care benefit of `space available' services and Medicare is no longer a fair and equitable benefit as compared to benefits for other retired Federal employees.

• • (6) The failure to provide adequate health care upon retirement is preventing the retired members of the uniformed services from recommending, without reservation, that young men and women make a career of any military service.

• • (7) The United States should establish health care that is fully paid by the sponsoring agency under the Federal Employees Health Benefits program for members who entered active duty on or prior to June 7, 1956, and who subsequently earned retirement.

• • (8) The United States should reestablish adequate health care for all retired members of the uniformed services that is at least equivalent to that provided to other retired Federal employees by extending to such retired members of the uniformed services the option of coverage under the Federal Employees Health Benefits program, the Civilian Health and Medical Program of the uniformed services, or the TRICARE Program.

SEC. 3. COVERAGE OF MILITARY RETIREES UNDER THE FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM.

• (a) EARNED COVERAGE FOR CERTAIN RETIREES AND DEPENDENTS- Chapter 89 of title 5, United States Code, is amended--

• • (1) in section 8905, by adding at the end the following new subsection:

• `(h) For purposes of this section, the term `employee' includes a retired member of the uniformed services (as defined in section 101(5) of title 10) who began service before June 7, 1956. A surviving widow or widower of such a retired member may also enroll in an approved health benefits plan described by section 8903 or 8903a of this title as an individual.'; and

• • (2) in section 8906(b)--

• • • (A) in paragraph (1), by striking `paragraphs (2) and (3)' and inserting `paragraphs (2) through (5)'; and

• • • (B) by adding at the end the following new paragraph:

• `(5) In the case of an employee described in section 8905(h), the Government contribution for health benefits for such employee shall be 100 percent, payable by the department in which the employee is serving.'.

• (b) COVERAGE FOR OTHER RETIREES AND DEPENDENTS- (1) Section 1108 of title 10, United States Code, is amended to read as follows:

`Sec. 1108. Health care coverage through Federal Employees Health Benefits program

• `(a) FEHBP OPTION- The Secretary of Defense, after consulting with the other administering Secretaries, shall enter into an agreement with the Office of Personnel Management to provide coverage to eligible beneficiaries described in subsection (b) under the health benefits plans offered through the Federal Employees Health Benefits program under chapter 89 of title 5.

• `(b) ELIGIBLE BENEFICIARIES; COVERAGE- (1) An eligible beneficiary under this subsection is--

• • `(A) a member or former member of the uniformed services described in section 1074(b) of this title who is entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.);

• • `(B) an individual who is an unremarried former spouse of a member or former member described in section 1072(2)(F) or 1072(2)(G));

• • `(C) an individual who is--

• • • `(i) a dependent of a deceased member or former member described in section 1076(b) or 1076(a)(2)(B) of this title or of a member who died while on active duty for a period of more than 30 days; and

• • • `(ii) a member of family as defined in section 8901(5) of title 5; or

• • `(D) an individual who is--

• • • `(i) a dependent of a living member or former member described in section 1076(b)(1) of this title who is entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act, regardless of the member's or former member's eligibility for such hospital insurance benefits; and

• • • `(ii) a member of family as defined in section 8901(5) of title 5.

• `(2) Eligible beneficiaries may enroll in a Federal Employees Health Benefit plan under chapter 89 of title 5 under this section for self-only coverage or for self and family coverage which includes any dependent of the member or former member who is a family member for purposes of such chapter.

• `(3) A person eligible for coverage under this subsection shall not be required to satisfy any eligibility criteria specified in chapter 89 of title 5 (except as provided in paragraph (1)(C) or (1)(D)) as a condition for enrollment in health benefits plans offered through the Federal Employees Health Benefits program under this section.

• `(4) For purposes of determining whether an individual is a member of family under paragraph (5) of section 8901 of title 5 for purposes of paragraph (1)(C) or (1)(D), a member or former member described in section 1076(b) or 1076(a)(2)(B) of this title shall be deemed to be an employee under such section.

• `(5) An eligible beneficiary who is eligible to enroll in the Federal Employees Health Benefits program as an employee under chapter 89 of title 5 is not eligible to enroll in a Federal Employees Health Benefits plan under this section.

• `(6) An eligible beneficiary who enrolls in the Federal Employees Health Benefits program under this section shall not be eligible to receive health care under section 1086 or section 1097. Such a beneficiary may continue to receive health care in a military medical treatment facility, in which case the treatment facility shall be reimbursed by the Federal Employees Health Benefits program for health care services or drugs received by the beneficiary.

• `(c) CHANGE OF HEALTH BENEFITS PLAN- An eligible beneficiary enrolled in a Federal Employees Health Benefits plan under this section may change health benefits plans and coverage in the same manner as any other Federal Employees Health Benefits program beneficiary may change such plans.

• `(d) GOVERNMENT CONTRIBUTIONS- The applicable administering Secretary shall be responsible for the Government contribution for an eligible beneficiary who enrolls in a health benefits plan under chapter 89 of title 5 in accordance with this section, except that the amount of the contribution may not exceed the amount of the Government contribution which would be payable if the electing beneficiary were an employee (as defined for purposes of such chapter) enrolled in the same health benefits plan and level of benefits.'.

• (2) The item relating to section 1108 at the beginning of such chapter is amended to read as follows:

• • `1108. Health care coverage through Federal Employees Health Benefits program.'.

• (3) The amendments made by this subsection shall take effect on January 1, 2001.

SEC. 4. EXTENSION OF COVERAGE OF CIVILIAN HEALTH AND MEDICAL PROGRAM OF THE UNIFORMED SERVICES.

• Section 1086 of title 10, United States Code, is amended--

• • (1) in subsection (c), by striking `Except as provided in subsection (d), the', and inserting `The';

• • (2) by striking subsection (d); and

• • (3) by redesignating subsections (e) through (h) as subsections (d) through (g), respectively.

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