1.This Act may be cited as the
TRICARE Dependent Coverage Extension
Act
.
2.Extension of dependent
coverage under TRICARE
(a)
(1)Chapter 55 of title 10, United States Code, is amended by
adding at the end the following new section:
1110b.TRICARE
program: extension of dependent coverage
(a)In accordance with
subsection (c), an individual described in subsection (b) shall be deemed to be
a dependent (as described in section 1072(2)(D) of this title) for purposes of
TRICARE coverage.
(b)An individual described in this subsection is an
individual who—
(1)with respect to a member or former member
of a uniformed service, is—
(A)a child who has
not attained the age of 26 and is not eligible to enroll in an eligible
employer-sponsored plan (as defined in section 5000A(f)(2) of the Internal
Revenue Code of 1986); or
(B)a person who—
(i)is placed in the legal custody of the
member or former member as a result of an order of a court of competent
jurisdiction in the United States (or possession of the United States) for a
period of at least 12 consecutive months;
(ii)has not attained the age of 26;
(iii)is not eligible
to enroll in an eligible employer-sponsored plan (as defined in section
5000A(f)(2) of the Internal Revenue Code of 1986);
(iv)resides with the member or former member
unless separated by the necessity of military service or to receive
institutional care as a result of disability or incapacitation or under such
other circumstances as the administering Secretary may by regulation
prescribe;
(v)is
not otherwise a dependent of a member or a former member under any subparagraph
of section 1072(2) of this title; and
(vi)is not the child of a dependent who is
described in subparagraph (D) or (I) of section 1072(2) of this title and is a
covered beneficiary; and
(2)meets other
criteria specified in regulations prescribed by the administering
Secretary.
(c)(1)The Secretary of Defense shall prescribe by
regulation a premium for TRICARE coverage provided pursuant to this section to
an individual described in subsection (b). The premium shall apply uniformly to
all individuals covered by the coverage.
(2)The monthly amount of the premium in effect
for a month for TRICARE coverage pursuant to this section shall be an amount
not to exceed the cost of coverage that the Secretary determines on an
appropriate actuarial basis.
(3)The Secretary shall prescribe the
requirements and procedures applicable to the payment of premiums under this
subsection.
(4)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.
(d)In this section, the
term TRICARE coverage means health care to which a dependent
described in section 1072(2)(D) of this title is entitled under section 1076d,
1076e, 1079, 1086, or 1097 of this
title.
.
(2)The table of
sections at the beginning of chapter 55 of such title is amended by inserting
after the item relating to section 1110a the following new item:
1110b. TRICARE program: extension of
dependent
coverage.
.
(b)Paragraph (1) of
section 1086(c) of title 10, United States Code, is amended by inserting after
of this title
the following: (or an individual described
in section 1110b(b) of this title who meets the requirements for a dependent
under paragraph (1) or (2) of such section 1076(b))
.
(c)The amendments made by this section shall take effect on
October 1, 2010.