[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1461 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1461

 To amend title 10, United States Code, to provide for the eligibility 
of certain former members of the Armed Forces who are medically retired 
and who are entitled to hospital insurance benefits under Medicare part 
   A by reason of previous entitlement to social security disability 
   insurance benefits to enroll in the TRICARE program regardless of 
whether such members decline enrollment under Medicare part B, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 28, 2017

  Mrs. Ernst 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 provide for the eligibility 
of certain former members of the Armed Forces who are medically retired 
and who are entitled to hospital insurance benefits under Medicare part 
   A by reason of previous entitlement to social security disability 
   insurance benefits to enroll in the TRICARE program regardless of 
whether such members decline enrollment under Medicare part B, 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 ``Health Equity and Access for 
Returning Troops and Servicemembers Act'' or the ``HEARTS Act''.

SEC. 2. MODIFICATION OF REQUIREMENT FOR CERTAIN FORMER MEMBERS OF THE 
              ARMED FORCES TO ENROLL IN MEDICARE PART B TO BE ELIGIBLE 
              FOR TRICARE FOR LIFE.

    (a) TRICARE Eligibility.--
            (1) In general.--Subsection (d) of section 1086 of title 
        10, United States Code, is amended by adding at the end the 
        following new paragraph:
    ``(6)(A) The requirement in paragraph (2)(A) to enroll in the 
supplementary medical insurance program under part B of title XVIII of 
the Social Security Act (42 U.S.C. 1395j et seq.) shall not apply to a 
person described in subparagraph (B) during any month in which such 
person is not entitled to a benefit described in subparagraph (A) of 
section 226(b)(2) of the Social Security Act (42 U.S.C. 426(b)(2)) if 
such person has received the counseling and information under 
subparagraph (C).
    ``(B) A person described in this subparagraph is a person--
            ``(i) who is under 65 years of age;
            ``(ii) who is entitled to hospital insurance benefits under 
        part A of title XVIII of the Social Security Act pursuant to 
        subparagraph (A) or (C) of section 226(b)(2) of such Act (42 
        U.S.C. 426(b)(2));
            ``(iii) whose entitlement to a benefit described in 
        subparagraph (A) of such section has terminated due to 
        performance of substantial gainful activity; and
            ``(iv) who is retired under chapter 61 of this title.
    ``(C) The Secretary of Defense shall coordinate with the Secretary 
of Health and Human Services to notify persons described in 
subparagraph (B) of, and provide information and counseling regarding, 
the effects of not enrolling in the supplementary medical insurance 
program under part B of title XVIII of the Social Security Act (42 
U.S.C. 1395j et seq.), as described in subparagraph (A).''.
            (2) Conforming amendment.--Paragraph (2)(A) of such 
        subsection is amended by striking ``is enrolled'' and inserting 
        ``except as provided by paragraph (6), is enrolled''.
            (3) Identification of persons.--Section 1110a of such title 
        is amended by adding at the end the following new subsection:
    ``(c) Certain Individuals Not Required To Enroll in Medicare Part 
B.--In carrying out subsection (a), the Secretary of Defense shall 
coordinate with the Secretary of Health and Human Services and the 
Commissioner of Social Security to--
            ``(1) identify persons described in subparagraph (B) of 
        section 1086(d)(6) of this title; and
            ``(2) provide information and counseling pursuant to 
        subparagraph (C) of such section.''.
    (b) Non-Application of Medicare Part B Late Enrollment Penalty.--
Section 1839(b) of the Social Security Act (42 U.S.C. 1395r(b)) is 
amended, in the second sentence, by inserting ``or months for which the 
individual can demonstrate that the individual is an individual 
described in paragraph (6)(B) of section 1086(d) of title 10, United 
States Code, who is enrolled in the TRICARE program pursuant to such 
section'' after ``an individual described in section 1837(k)(3)''.
    (c) Report.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the Secretary of Defense, the 
        Secretary of Health and Human Services, and the Commissioner of 
        Social Security shall jointly submit to the Committee on Armed 
        Services and the Committee on Finance of the Senate and the 
        Committee on Armed Services and the Committee on Ways and Means 
        of the House of Representatives a report on the implementation 
        of section 1086(d)(6) of title 10, United States Code, as added 
        by subsection (a).
            (2) Elements.--The report required by paragraph (1) shall 
        include, with respect to the period covered by the report--
                    (A) the number of individuals enrolled in TRICARE 
                for Life (as defined in section 1072 of title 10, 
                United States Code) who are not enrolled in the 
                supplementary medical insurance program under part B of 
                title XVIII of the Social Security Act (42 U.S.C. 1395j 
                et seq.) by reason of section 1086(d)(6) of title 10, 
                United States Code; and
                    (B) the number of individuals who--
                            (i) are retired from the Armed Forces under 
                        chapter 61 of such title;
                            (ii) are entitled to hospital insurance 
                        benefits under part A of title XVIII of the 
                        Social Security Act pursuant to receiving 
                        benefits for 24 months as described in 
                        subparagraph (A) or (C) of section 226(b)(2) of 
                        such Act (42 U.S.C. 426(b)(2)); and
                            (iii) because of such entitlement, are no 
                        longer enrolled in TRICARE Standard, TRICARE 
                        Prime, TRICARE Extra, or TRICARE Select (as 
                        those terms are defined in section 1072 of 
                        title 10, United States Code) under chapter 55 
                        of title 10, United States Code.
    (d) Application.--The amendments made by this section shall apply 
with respect to a person who, on or after the date of the enactment of 
this Act, is a person described in section 1086(d)(6)(B) of title 10, 
United States Code, as added by subsection (a).
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