109 HR 2046 IH: Servicemembers’ Health Insurance Protection Act of 2005 U.S. House of Representatives 2005-05-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 1st Session H. R. 2046 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.

1.

Short title

This Act may be cited as the Servicemembers’ Health Insurance Protection Act of 2005.

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.

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..