[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2046 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2046

To amend the Servicemembers Civil Relief Act to limit premium increases 
on reinstated health insurance on servicemembers who are released from 
            active military service, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 3, 2005

   Mr. Buyer (for himself, Mr. Evans, Mr. Boozman, and Ms. Herseth) 
 introduced the following bill; which was referred to the Committee on 
                           Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To amend the Servicemembers Civil Relief Act to limit premium increases 
on reinstated health insurance on servicemembers who are released from 
            active military service, 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 ``Servicemembers' Health Insurance 
Protection Act of 2005''.

SEC. 2. LIMITATION ON PREMIUM INCREASES FOR EMPLOYER-PROVIDED 
              REINSTATED HEALTH INSURANCE OF SERVICEMEMBERS RELEASED 
              FROM ACTIVE MILITARY SERVICE.

    (a) Premium Protection.--Section 704 of the Servicemembers Civil 
Relief Act (50 U.S.C. App. 594) is amended by adding at the end the 
following new subsection:
    ``(e) Limitation on Premium Increases.--
            ``(1) Premium protection.--The amount of the premium for 
        health insurance coverage that was terminated by a 
        servicemember and required to be reinstated under this section 
        may not be increased, for the balance of the period for which 
        coverage would have been continued had the coverage not been 
        terminated, to an amount greater than the amount chargeable for 
        such coverage before the termination.
            ``(2) Increases of general applicability not precluded.--
        Paragraph (1) does not prevent an increase in premium to the 
        extent of any general increase in the premiums charged by the 
        carrier of the health care insurance for the same health 
        insurance coverage for persons similarly covered by such 
        insurance during the period between the termination and the 
        reinstatement.''.
    (b) Technical Amendment.--Subsection (b)(3) of such section is 
amended by striking ``if the'' and inserting ``in a case in which 
the''.

SEC. 3. PRESERVATION OF EMPLOYER-SPONSORED HEALTH PLAN COVERAGE FOR 
              CERTAIN RESERVE-COMPONENT MEMBERS WHO ACQUIRE TRICARE 
              ELIGIBILITY.

    (a) Continuation of Coverage.--Subsection (a)(1) of section 4317 of 
title 38, United States Code, is amended by inserting after ``by reason 
of service in the uniformed services,'' the following: ``or such person 
becomes eligible for medical and dental care under chapter 55 of title 
10 by reason of subsection (d) of section 1074 of that title,''.
    (b) Reinstatement of Coverage.--Subsection (b) of such section is 
amended--
            (1) in paragraph (1)--
                    (A) by inserting after ``by reason of service in 
                the uniformed services,'' the following: ``or by reason 
                of the person's having become eligible for medical and 
                dental care under chapter 55 of title 10 by reason of 
                subsection (d) of section 1074 of that title,''; and
                    (B) by inserting ``or eligibility'' before the 
                period at the end of the first sentence; and
            (2) by adding at the end the following new paragraph:
    ``(3) In the case of a person whose coverage under a health plan is 
terminated by reason of the person having become eligible for medical 
and dental care under chapter 55 of title 10 by reason of subsection 
(d) of section 1074 of that title but who subsequently does not 
commence a period of active duty under the order to active duty that 
established such eligibility because the order is canceled before such 
active duty commences, the provisions of paragraph (1) relating to any 
exclusion or waiting period in connection with the reinstatement of 
coverage under a health plan shall apply to such person's continued 
employment, upon the termination of such eligibility for medical and 
dental care under chapter 55 of title 10 that is incident to the 
cancellation of such order, in the same manner as if the person had 
become reemployed upon such termination of eligibility.''.
                                 <all>