II 112th CONGRESS 2d Session S. 3203 IN THE SENATE OF THE UNITED STATES May 17, 2012 Mr. Lautenberg (for himself and Mr. Rubio) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to limit increases in the certain costs of health care services under the health care programs of the Department of Defense, and for other purposes.

1.

Short title

This Act may be cited as the Military Health Care Protection Act of 2012.

2.

Sense of Congress

(a)

Sense of congress

It is the sense of Congress that— (1)career members of the uniformed services and their families endure unique and extraordinary demands and make extraordinary sacrifices over the course of a 20-year to 30-year career in protecting freedom for all Americans; and (2)those decades of sacrifice constitute a significant pre-paid premium for health care during a career member's retirement that is over and above what the member pays with money.

3.

Limitations on certain increases in health care costs for uniformed services beneficiaries

(a)

Pharmacy benefits program

Section 1074g(a)(6) of title 10, United States Code, is amended by adding at the end the following new subparagraph: (C)The amount of any cost sharing requirements under this paragraph may not be increased in any year by a percentage that exceeds the percentage by which retired pay is increased under section 1401a(b)(2) of this title. Increases shall be made only in whole dollar amounts. To the extent that the percentage increase under such section 1401a(b)(2) in any year would yield an increase of less than one dollar, the accumulated increase shall be carried over to the subsequent year, until the accumulated increase equals at least one dollar. . (b)

Deductible amounts under CHAMPUS

(1)

Self-only coverage

Subsection 1086(b)(1) of such title is amended by adding at the end the following sentences: For each fiscal year beginning after September 30, 2012, the Secretary of Defense may only increase the deductible amount by a percentage not to exceed the percentage by which retired pay is increased under section 1401a(b)(2) of this title. Any resulting increase shall be rounded down to the nearest whole dollar.. (2)

Family coverage

Subsection 1086(b)(2) of such title is amended by adding at the end the following sentences: For each fiscal year beginning after September 30, 2012, the Secretary of Defense may only increase the deductible amount by a percentage not to exceed the percentage by which retired pay is increased under section 1401a(b)(2) of this title. Any resulting increase shall be rounded down to the nearest whole dollar.. (c)

Inpatient charges under CHAMPUS

Section 1086(b)(3) of such title is amended by striking 25 percent and all that follows through September 30, 2011. and inserting 25 percent of the charges for inpatient care, except that in no case shall such charges exceed $708 per day.. (d)

Catastrophic cap on fees under CHAMPUS

Section 1086(b)(4) of such title is amended— (1)by striking A member and inserting For fiscal years ending before October 1, 2012, a; and (2)by adding at the end the following new sentences: For each fiscal year beginning after September 30, 2012, the Secretary of Defense may only increase the amount in the preceding sentence by a percentage not to exceed the percentage by which retired pay is increased under section 1401a(b)(2) of this title. Any resulting increase shall be rounded down to the nearest whole dollar.. (e)

Prohibition of enrollment fees for certain persons under CHAMPUS

Section 1086(b) of such title is further amended by adding at the end the following new paragraphs: (5)A person covered by subsection (c) may not be charged an enrollment fee for coverage under this section. (6)A person covered by subsection (c) shall not be subject to denial of claims for coverage under this section for failure to enroll for such coverage. To the extent enrollment may be required, enrollment shall be automatic for any such person filing a claim under this section. In such cases of automatic enrollment, annual re-enrollment shall be automatic unless the beneficiary expressly declines to re-enroll. .