[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 364 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 364

   To amend title 10, United States Code, to provide eligibility for 
TRICARE Select to veterans with service-connected disabilities, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 19, 2021

  Mr. Steube introduced the following bill; which was referred to the 
   Committee on Armed Services, and in addition to the Committee on 
 Veterans' Affairs, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To amend title 10, United States Code, to provide eligibility for 
TRICARE Select to veterans with service-connected disabilities, 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 ``Veterans' True Choice Act of 2021''.

SEC. 2. ELIGIBILITY FOR TRICARE FOR VETERANS WITH SERVICE-CONNECTED 
              DISABILITIES.

    (a) In General.--
            (1) Enrollment in tricare select.--Section 1075 of title 
        10, United States Code, is amended--
                    (A) in subsection (b)(1)(B), by inserting before 
                the period at the end the following: ``, and covered 
                veteran beneficiaries under subsection (h), other than 
                Medicare-eligible beneficiaries described in such 
                subsection (d)(2)'';
                    (B) by redesignating subsection (h) as subsection 
                (i); and
                    (C) by inserting after subsection (g) the following 
                new subsection:
    ``(h) Covered Veteran Beneficiaries.--(1) Subject to section 
1086(d) of this title, a covered veteran beneficiary may elect to 
enroll in TRICARE Select during the annual open enrollment season of 
the TRICARE program.
    ``(2) The cost-sharing requirements under TRICARE Select for 
covered veteran beneficiaries shall be calculated pursuant to 
subsection (d)(1), regardless of the date of the original enlistment or 
appointment of the beneficiary in the uniformed services.
    ``(3) A dependent of a covered veteran beneficiary may not enroll 
in the TRICARE program solely by reason of the covered veteran 
beneficiary enrolling in the TRICARE program.''.
            (2) Enrollment in tricare for life.--Section 1086(d) of 
        such title is amended--
                    (A) in paragraph (1), by inserting before the 
                period at the end the following: `` or pursuant to 
                section 1075(h) of this title''; and
                    (B) in paragraphs (2) and (4), by inserting ``, or 
                section 1075(h) of this title,'' after ``a person 
                referred to in subsection (c)'' both places it appears.
            (3) Definition.--Section 1072 of such title is amended by 
        adding at the end the following new paragraph:
            ``(16) The term `covered veteran beneficiary' means a 
        veteran who--
                    ``(A) is eligible to enroll in the system of 
                patient enrollment under paragraph (1), (2), or (3) of 
                section 1705 of title 38; and
                    ``(B) is eligible to enroll in the TRICARE program 
                only pursuant to--
                            ``(i) section 1075(h) of this title; or
                            ``(ii) section 1086(d) of this title by 
                        reason of being an individual who would be 
                        covered by section 1075(h) but for being a 
                        Medicare-eligible beneficiary covered by such 
                        section 1086(d).''.
            (4) Enrollment in va health care.--Section 1705 of title 
        38, United States Code, is amended by adding at the end the 
        following new subsection:
    ``(d)(1) A covered veteran beneficiary who enrolls in the TRICARE 
program may not be concurrently enrolled in the system of patient 
enrollment under subsection (a), and the Secretary may not furnish 
medical care to the covered veteran beneficiary under this chapter or 
other provision of law administered by the Secretary while the covered 
veteran beneficiary is so enrolled in the TRICARE program.
    ``(2) In this subsection, the terms `covered veteran beneficiary' 
and `TRICARE program' have the meaning given those terms in section 
1072 of title 10.''.
    (b) Memorandum of Understanding.--The Secretary of Veterans Affairs 
and the Secretary of Defense shall enter into a memorandum of 
understanding under which the Secretary of Veterans Affairs reimburses 
the Secretary of Defense for the costs of enrolling covered veteran 
beneficiaries in the TRICARE program pursuant to the amendments made by 
subsection (a), as jointly determined appropriate by the Secretaries.
    (c) Implementation.--
            (1) Effective date.--The amendments made by this section 
        shall take effect one year after the date of the enactment of 
        this Act.
            (2) Regulations.--During the one-year period following the 
        date on which the amendments made by this section take effect, 
        the Secretary of Veterans Affairs and the Secretary of Defense 
        shall each prescribe regulations to carry out such amendments.
            (3) Phase in.--During the one-year period following the 
        date on which the regulations are prescribed under paragraph 
        (2), the Secretaries shall phase in the enrollment of covered 
        veteran beneficiaries in accordance with the annual open 
        enrollment season of the TRICARE program.
            (4) VA center for innovation for care and payment.--The 
        Secretary of Veterans Affairs shall carry out this subsection 
        through the Center for Innovation for Care and Payment of the 
        Department of Veterans Affairs.
    (d) Reports.--
            (1) Reports on implementation.--On a quarterly basis during 
        the two-year period following the date of the enactment of this 
        Act, the Secretary of Veterans Affairs and the Secretary of 
        Defense shall jointly submit to the Committees on Veterans' 
        Affairs and Armed Services of the Senate and the House of 
        Representatives a report on the implementation of this Act and 
        the amendments made by this Act.
            (2) Annual reports.--Not later than one year after the date 
        on which the final report under paragraph (1) is required to be 
        submitted, and annually thereafter, the Secretaries shall 
        jointly submit to the Committees on Veterans' Affairs and Armed 
        Services of the Senate and the House of Representatives a 
        report on covered veteran beneficiaries enrolled in the TRICARE 
        program.
    (e) Definitions.--In this section, the terms ``covered veteran 
beneficiary'' and ``TRICARE program'' have the meaning given those 
terms in section 1072 of title 10, United States Code, as amended by 
subsection (a).
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