[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 816 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 816

To amend title 10, United States Code, to prohibit certain increases in 
                     fees for military health care.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 3, 2009

    Mr. Edwards of Texas (for himself and Mr. Jones) introduced the 
 following bill; which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To amend title 10, United States Code, to prohibit certain increases in 
                     fees for military health care.

    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 ``Military Retirees Health Care 
Protection Act''.

SEC. 2. FINDINGS AND SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) Career uniformed service members and their families 
        endure unique and extraordinary demands and sacrifices during 
        the course of a decades-long career protecting freedoms for all 
        Americans.
            (2) The extent of these demands and sacrifices is never so 
        evident as in wartime, not only in today's Global War on 
        Terrorism, but also during the last 6 decades of hot and cold 
        wars when today's retired service members were on continuous 
        call to enter into harm's way when and as needed.
            (3) The demands and sacrifices are such that few Americans 
        are willing to accept them for a multi-decade career.
            (4) The primary offset for enduring the extraordinary 
        sacrifices inherent in a military career is a system of 
        extraordinary retirement benefits, including health care 
        coverage considerably better than that afforded civilian 
        workers, that a grateful Nation provides for those who choose 
        to subordinate much of their personal life to the national 
        interest for so many years.
            (5) Many private sector firms are curtailing health 
        benefits and shifting significantly higher costs to their 
        employees.
            (6) One effect of such curtailment is that retired service 
        members who work for such employers increasingly depend on the 
        TRICARE coverage they earned by their military service.
            (7) While the Department of Defense has made some efforts 
        to constrain TRICARE program costs, a large part of the 
        Department's effort has been aimed at shifting a larger share 
        of cost burdens to retired service members.
            (8) The beneficiary cost increases proposed by the 
        Department of Defense fail to recognize adequately that career 
        service members paid enormous in-kind premiums through their 
        extended service and sacrifice.
            (9) A significant share of the Nation's health care 
        providers refuse to accept new TRICARE patients because TRICARE 
        pays them significantly less than commercial insurance programs 
        and imposes unique administrative requirements.
            (10) The significant majority of the savings that the 
        Department of Defense associates with the proposed fee 
        increases is expected to come from deterring a large portion of 
        TRICARE beneficiaries from using their earned military health 
        benefits.
            (11) The Department of Defense has chosen to count the 
        accrual deposit to the Department of Defense Medicare-Eligible 
        Retiree Health Care Fund against the budget of the Department 
        of Defense, contrary to the amendments made by section 725 of 
        Public Law 108-375.
            (12) Leaders of the Department of Defense have reported to 
        Congress that counting such deposits against the budget of the 
        Department of Defense is impinging on other readiness needs, 
        including weapons programs, an inappropriate situation which 
        section 725 of Public Law 108-375 was intended expressly to 
        prevent.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the Department of Defense and the Nation have a 
        committed health benefits obligation to retired uniformed 
        service members that exceeds the obligation of corporate 
        employers to civilian employees; and
            (2) the Department of Defense has many additional options 
        to constrain the growth of health care spending in ways that do 
        not disadvantage beneficiaries and should pursue any and all 
        such options rather than seeking large fee increases for 
        beneficiaries.

SEC. 3. PROHIBITION ON INCREASES IN CERTAIN HEALTH COSTS AND 
              RESTRICTIONS ON HEALTH BENEFIT ADJUSTMENTS FOR MEMBERS OF 
              THE UNIFORMED SERVICES.

    (a) Prohibition on Increase in Charges Under Contracts for Medical 
Care.--Section 1097(e) of title 10, United States Code, is amended in 
the last sentence--
            (1) by striking ``during the period beginning on'' and 
        inserting ``after''; and
            (2) by striking ``, and ending on September 30, 2009''.
    (b) Prohibition on Increase in Amount of Cost Sharing Requirement 
Under Pharmacy Benefits Program.--Section 1074g(a)(6)(A) of title 10, 
United States Code, is amended by adding at the end the following: 
``After September 30, 2009, the dollar amount of a cost sharing 
requirement (whether established as a percentage or a fixed dollar 
amount) may not be increased.''.
    (c) Prohibition on Increase in Charges for Inpatient Care.--Section 
1086(b)(3) of title 10, United States Code, is amended by striking 
``during the period beginning on April 1, 2006, and ending on September 
30, 2009''.
    (d) Prohibition on Increase in Premiums Under TRICARE Coverage for 
Certain Members in the Selected Reserve.--Section 1076d(d)(3) of title 
10, United States Code, is amended to read as follows:
            ``(3) Beginning on January 1, 2009, the monthly amount of 
        the premium for TRICARE Standard coverage under this section 
        may not be increased above the amount in effect for the month 
        of September 2008.''.
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