[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6635 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6635

 To direct the Secretary of Defense to submit a report to Congress on 
 the future availability of TRICARE Prime throughout the United States 
  and to ensure that certain TRICARE beneficiaries retain access to a 
             primary care provider, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 5, 2012

 Mr. Walden (for himself, Mr. Amodei, and Ms. Bonamici) introduced the 
 following bill; which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To direct the Secretary of Defense to submit a report to Congress on 
 the future availability of TRICARE Prime throughout the United States 
  and to ensure that certain TRICARE beneficiaries retain access to a 
             primary care provider, 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 ``TRICARE Protection Act''.

SEC. 2. FUTURE AVAILABILITY OF TRICARE PRIME THROUGHOUT THE UNITED 
              STATES.

    (a) Report Required.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary of Defense shall 
        submit to the Committees on Armed Services of the Senate and 
        the House of Representatives a report setting forth the policy 
        of the Department of Defense on the future availability of 
        TRICARE Prime under the TRICARE program for eligible 
        beneficiaries in all TRICARE regions throughout the United 
        States.
            (2) Elements.--The report required by paragraph (1) shall 
        include the following:
                    (A) A description, by region, of the difference in 
                availability of TRICARE Prime for eligible 
                beneficiaries (other than eligible beneficiaries on 
                active duty in the Armed Forces) under newly awarded 
                TRICARE managed care contracts, including, in 
                particular, an identification of the regions or areas 
                in which TRICARE Prime will no longer be available for 
                such beneficiaries under such contracts.
                    (B) In accordance with paragraph (3), a plan to 
                ensure that an affected eligible beneficiary identified 
                under subsection (b) retains access to a primary care 
                provider that meets the TRICARE access standards.
                    (C) An estimate of the increased costs to be 
                incurred by an affected eligible beneficiary for health 
                care under the TRICARE program.
                    (D) An estimate of the savings to be achieved by 
                the Department as a result of the contracts described 
                in subparagraph (A).
                    (E) A description of the plans of the Department to 
                continue to assess the impact on access to health care 
                for affected eligible beneficiaries, including the plan 
                to carry out subsection (b).
            (3) Development of plan.--In developing the plan described 
        in paragraph (2)(B), the Secretary shall include the following 
        actions under such plan:
                    (A) The establishment of a navigator service to 
                assist an affected eligible beneficiary identified 
                under subsection (b) in locating a primary care 
                provider.
                    (B) Allowing an affected eligible beneficiary to 
                enroll in TRICARE Prime Remote if the Secretary 
                determines that the beneficiary would not otherwise 
                have access to a primary care provider that meets the 
                TRICARE access standards, regardless of whether such 
                eligible beneficiary would otherwise be eligible for 
                such program.
                    (C) Any other action the Secretary considers 
                appropriate.
    (b) Identification of Beneficiaries Without Access to a Primary 
Care Provider.--The Secretary shall identify the affected eligible 
beneficiaries whom the Secretary determines, because of the contracts 
described in subsection (a)(2)(A), will not retain access to a primary 
care provider that meets the TRICARE access standards.
    (c) Implementation of Plan.--
            (1) Initial implementation.--Beginning on the date that is 
        60 days after the date on which the Secretary submits the 
        report under paragraph (1) of subsection (a), the Secretary 
        shall implement the plan described in paragraph (2)(B) of such 
        subsection.
            (2) Duration.--The Secretary shall carry out the 
        implementation of the plan under paragraph (1) until the 
        earlier of the following dates:
                    (A) Any date after the date that is one year after 
                the date on which the Secretary begins to carry out 
                such implementation if the Secretary determines that 
                each affected eligible beneficiary identified under 
                subsection (b) will have access to a primary care 
                provider under a contract described in subsection 
                (a)(2)(A) that meets the TRICARE access standards.
                    (B) The date that is two years after the date on 
                which the Secretary begins to carry out such 
                implementation.
    (d) Monitoring of Access.--Section 711 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 
190; 10 U.S.C. 1073 note) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by adding at the end the 
                following new subparagraph:
                    ``(D) The access available for affected eligible 
                beneficiaries to a primary care provider that meets the 
                TRICARE access standards.''; and
                    (B) in paragraph (3), by adding at the end the 
                following new subparagraph:
                    ``(D) In the case of the surveys required by 
                subparagraph (D) of that paragraph, in each region or 
                area in which TRICARE Prime will no longer be available 
                for eligible beneficiaries under newly awarded TRICARE 
                managed care contracts in each of fiscal years 2013 
                through 2015.'';
            (2) in paragraph (2) of subsection (b), by adding at the 
        end the following new subparagraph:
                    ``(I) An assessment of the access available for 
                affected eligible beneficiaries to a primary care 
                provider that meets the TRICARE access standards.''; 
                and
            (3) in subsection (e), by adding at the end the following 
        new paragraphs:
            ``(8) The term `affected eligible beneficiary' means an 
        eligible beneficiary under the TRICARE Program (other than 
        eligible beneficiaries on active duty in the Armed Forces) who, 
        as of the date of the enactment of this paragraph--
                    ``(A) is enrolled in TRICARE Prime; and
                    ``(B) resides in a region of the United States in 
                which TRICARE Prime enrollment will no longer be 
                available for such beneficiary under a contract 
                described in subsection (a)(3)(D) that does not allow 
                for such enrollment because of the location in which 
                such beneficiary resides.
            ``(9) The term `TRICARE access standards' means the 
        standards developed under the TRICARE Program to ensure that 
        beneficiaries do not experience excessive wait times or travel 
        times to access health care.''.
    (e) Definitions.--In this section:
            (1) The term ``affected eligible beneficiary'' means an 
        eligible beneficiary under the TRICARE Program (other than 
        eligible beneficiaries on active duty in the Armed Forces) who, 
        as of the date of the enactment of this Act--
                    (A) is enrolled in TRICARE Prime; and
                    (B) resides in a region of the United States in 
                which TRICARE Prime enrollment will no longer be 
                available for such beneficiary under a contract 
                described in subsection (a)(2)(A) that does not allow 
                for such enrollment because of the location in which 
                such beneficiary resides.
            (2) The term ``TRICARE access standards'' means the 
        standards developed under the TRICARE Program to ensure that 
        beneficiaries do not experience excessive wait times or travel 
        times to access health care.
            (3) The term ``TRICARE Prime'' means the managed care 
        option of the TRICARE program.
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