[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3979 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3979

 To amend title 10, United States Code, to authorize the Secretary of 
  Defense to temporarily waive cost-sharing amounts under the TRICARE 
     pharmacy benefits program during certain declared emergencies.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 17, 2020

Mr. Wicker (for himself and Ms. Sinema) 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 authorize the Secretary of 
  Defense to temporarily waive cost-sharing amounts under the TRICARE 
     pharmacy benefits program during certain declared emergencies.

    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 Prescription Relief Act''.

SEC. 2. TEMPORARY WAIVER OF COST-SHARING AMOUNTS UNDER TRICARE PHARMACY 
              BENEFITS PROGRAM DURING DECLARED EMERGENCY.

    (a) Temporary Waiver.--Section 1074g of title 10, United States 
Code, is amended--
            (1) in subsection (a)(6)--
                    (A) in subparagraph (A), by striking ``In the 
                case'' and inserting ``Except as provided in 
                subparagraph (D), in the case'';
                    (B) in subparagraph (B), by striking ``For any 
                year'' and inserting ``Except as provided in 
                subparagraph (D), for any year''; and
                    (C) by adding at the end the following new 
                subparagraph:
    ``(D)(i) During a covered emergency, the Secretary may waive a 
requirement for eligible covered beneficiaries to pay cost-sharing 
amounts under this subsection.
    ``(ii) In determining whether to waive a requirement under clause 
(i), the Secretary may consider whether the waiver would--
            ``(I) increase affordability of all pharmacy alternatives 
        to military medical treatment facilities for eligible covered 
        beneficiaries;
            ``(II) promote prescription adherence by eligible covered 
        beneficiaries; or
            ``(III) facilitate any policy of the Federal, State, or 
        local government relating to emergency response during a 
        covered emergency.''; and
            (2) in subsection (i), by adding at the end the following 
        new paragraph:
            ``(5) The term `covered emergency' means--
                    ``(A) a period beginning on the date on which the 
                President declares a national emergency pursuant to the 
                National Emergencies Act (50 U.S.C. 1601 et seq.) and 
                ending on the date of the termination of such 
                emergency;
                    ``(B) a period beginning on the date on which the 
                Secretary of Health and Human Services declares a 
                public health emergency pursuant to section 319 of the 
                Public Health Service Act (42 U.S.C. 247d) and ending 
                on the date of the termination of such emergency;
                    ``(C) with respect to geographic areas covered by 
                the Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5121 et seq.), a period 
                beginning on the date on which the President designates 
                a major disaster or emergency under such Act and ending 
                on the termination of such major disaster or emergency; 
                or
                    ``(D) such other emergency period as determined by 
                the Secretary of Defense.''.
    (b) Application.--The amendments made by subsection (a) shall 
apply--
            (1) with respect to purchases under the pharmacy benefits 
        program established under section 1074g of title 10, United 
        States Code, occurring on or after the date of the enactment of 
        this Act; and
            (2) with respect to covered emergencies (as defined in 
        subsection (i) of such section 1074g, as amended by subsection 
        (a) of this section) in effect on or after the date of the 
        enactment of this Act.
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