[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5142 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 5142

To amend title 10, United States Code, to eliminate certain health care 
   charges for members of the Selected Reserve eligible for TRICARE 
                Reserve Select, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 29, 2022

  Ms. Baldwin (for herself and Ms. Collins) 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 eliminate certain health care 
   charges for members of the Selected Reserve eligible for TRICARE 
                Reserve Select, 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 ``Healthcare for Our Troops Act''.

SEC. 2. ELIMINATION OF CERTAIN HEALTH CARE CHARGES FOR MEMBERS OF THE 
              SELECTED RESERVE.

    (a) TRICARE Reserve Select.--Section 1076d of title 10, United 
States Code, is amended to read as follows:
``Sec. 1076d. TRICARE program: TRICARE Reserve Select coverage for 
              members of the Selected Reserve
    ``(a) Members of Selected Reserve.--
            ``(1) In general.--A member of the Selected Reserve of the 
        Ready Reserve of a reserve component of the Armed Forces is 
        eligible for health benefits under TRICARE Reserve Select as 
        provided in this section.
            ``(2) Termination of coverage.--Eligibility for TRICARE 
        Reserve Select coverage of a member under this section shall 
        terminate upon the termination of the member's service in the 
        Selected Reserve.
    ``(b) TRICARE Reserve Select Family Coverage.--
            ``(1) In general.--While a member of a reserve component is 
        covered by TRICARE Reserve Select under this section, the 
        members of the immediate family of such member are eligible for 
        TRICARE Reserve Select family coverage as dependents of the 
        member.
            ``(2) Continuation of coverage.--If a member of a reserve 
        component dies while in a period of coverage under this 
        section, the eligibility of the members of the immediate family 
        of such member for TRICARE Reserve Select family coverage shall 
        continue for six months beyond the date of death of the member.
    ``(c) Premiums.--
            ``(1) No premiums for individual coverage.--A member of a 
        reserve component covered by TRICARE Reserve Select individual 
        coverage shall pay no premium for such coverage.
            ``(2) Family coverage.--
                    ``(A) In general.--A member of a reserve component 
                covered by TRICARE Reserve Select under this section 
                shall pay a premium for any member of the immediate 
                family of such member covered under TRICARE Reserve 
                Select family coverage. Such premium shall apply 
                instead of any enrollment fees required under section 
                1075 of this title.
                    ``(B) Uniform application.--The Secretary of 
                Defense shall prescribe for the purposes of this 
                section one premium for TRICARE Reserve Select family 
                coverage of immediate family members of members of the 
                reserve components, that shall apply uniformly to all 
                such immediate family members.
                    ``(C) Premium amount.--
                            ``(i) In general.--The monthly amount of 
                        the premium in effect for a month for TRICARE 
                        Reserve Select family coverage under this 
                        section shall be the amount equal to 28 percent 
                        of the total monthly amount determined on an 
                        appropriate actuarial basis as being reasonable 
                        for that coverage.
                            ``(ii) Appropriate actuarial basis.--The 
                        appropriate actuarial basis for purposes of 
                        clause (i) for each calendar year after 
                        calendar year 2009 shall be determined by 
                        utilizing the actual cost of providing benefits 
                        under this section to dependents of members of 
                        the reserve components during the calendar 
                        years preceding such calendar year.
                    ``(D) Payment of premiums.--
                            ``(i) In general.--The premiums for TRICARE 
                        Reserve Select family coverage payable by a 
                        member of a reserve component under this 
                        subsection may be deducted and withheld from 
                        basic pay payable to the member under section 
                        204 of title 37 or from compensation payable to 
                        the member under section 206 of such title.
                            ``(ii) Requirements and procedures.--The 
                        Secretary shall prescribe the requirements and 
                        procedures applicable to the payment of 
                        premiums under this subsection.
                    ``(E) Collection of premiums.--Amounts collected as 
                premiums under this subsection shall be credited to the 
                appropriation available for the Defense Health Program 
                Account under section 1100 of this title, shall be 
                merged with sums in such account that are available for 
                the fiscal year in which collected, and shall be 
                available under subsection (b) of such section for such 
                fiscal year.
    ``(d) Cost-Sharing Amounts.--
            ``(1) Network individual coverage.--Except as provided in 
        paragraph (2), a beneficiary covered by TRICARE Reserve Select 
        individual coverage shall pay no charge for any health care 
        service to which the beneficiary is entitled pursuant to such 
        coverage.
            ``(2) Out-of-network individual coverage.--With respect to 
        out-of-network health care services, a beneficiary covered by 
        TRICARE Reserve Select individual coverage shall be subject to 
        the same out-of-network cost-sharing requirements as those to 
        which beneficiaries described in section 1075(c)(1) of this 
        title in the active-duty family member category are subject to 
        for the corresponding year.
            ``(3) Family coverage.--A beneficiary covered by TRICARE 
        Reserve Select family coverage shall be subject to the same 
        cost-sharing requirements as those to which beneficiaries 
        described in section 1075(c)(1) of this title in the active-
        duty family member category are subject to for the 
        corresponding year.
    ``(e) Regulations.--The Secretary of Defense, in consultation with 
the other administering Secretaries, shall prescribe regulations for 
the administration of this section.
    ``(f) Definitions.--In this section:
            ``(1) The terms `active-duty family member category', 
        `network', and `out-of-network' have the meanings given such 
        terms in section 1075(i) of this title.
            ``(2) The term `immediate family', with respect to a member 
        of a reserve component, means all of the member's dependents 
        described in subparagraphs (A), (D), and (I) of section 1072(2) 
        of this title.
            ``(3) The term `TRICARE Reserve Select' means--
                    ``(A) medical care, excluding dental care, at 
                facilities of the uniformed services to which a 
                dependent described in section 1076(a)(2) of this title 
                is entitled; and
                    ``(B) health benefits under the TRICARE Select 
                self-managed, preferred provider network option under 
                section 1075 of this title made available to 
                beneficiaries by reason of this section and subject to 
                the cost-sharing requirements set forth in subsection 
                (d).
            ``(4) The term `TRICARE Reserve Select family coverage' 
        means coverage under TRICARE Reserve Select of any members of 
        the immediate family of a member of a reserve component, as 
        described in subsection (b).
            ``(5) The term `TRICARE Reserve Select individual coverage' 
        means coverage under TRICARE Reserve Select of a member of a 
        reserve component, as described in subsection (a).''.
    (b) Conforming Amendments to TRICARE Select.--Paragraph (3) of 
section 1075(c) of title 10, United States Code, is amended to read as 
follows:
            ``(3) With respect to beneficiaries in the reserve and 
        young adult category--
                    ``(A) for beneficiaries covered by section 1076e or 
                1110b of this title, the cost-sharing requirements 
                shall be calculated pursuant to subsection (d)(1) as if 
                the beneficiary were in the active-duty family member 
                category or the retired category, as applicable, except 
                that the premiums calculated pursuant to section 1076e 
                or 1110b of this title shall apply instead of any 
                enrollment fee required under this section; and
                    ``(B) for beneficiaries covered by section 1076d of 
                this title, the cost-sharing requirements shall be 
                calculated pursuant to subsection (d) of such 
                section.''.
    (c) Applicability.--This section shall apply with respect to the 
provision of health care under the TRICARE program beginning on the 
date that is one year after the date of the enactment of this Act.

SEC. 3. FORMS AND STUDY RELATING TO IMPROVED COVERAGE FOR MEMBERS OF 
              THE SELECTED RESERVE.

    (a) Forms.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Defense shall 
        develop forms to be used by civilian health care providers 
        under the purchased care component of the TRICARE program for 
        medical care for members of the Selected Reserve of the Ready 
        Reserve of a reserve component of the Armed Forces eligible for 
        TRICARE Reserve Select.
            (2) Information to include.--Forms developed under 
        paragraph (1) shall include opportunities for a civilian health 
        care provider to indicate, with respect to a member of the 
        Selected Reserve, the following information:
                    (A) Medical Readiness Classification.
                    (B) Fitness for deployment.
                    (C) Any other information the Secretary determines 
                necessary.
    (b) Study.--
            (1) In general.--The Secretary of Defense shall conduct a 
        study on--
                    (A) the phasing out of mass medical events and 
                periodic health assessments for members of the Selected 
                Reserve eligible for TRICARE Reserve Select; and
                    (B) the replacement of such events and processes 
                with the new TRICARE Reserve Select coverage model 
                under section 1076d of title 10, United States Code, as 
                amended by section 2(a), and the use of forms by 
                civilian health care providers as specified in 
                subsection (a).
            (2) Report.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary shall submit to the 
        Committee on Armed Services of the Senate and the Committee on 
        Armed Services of the House of Representatives a report 
        containing the findings of the study conducted under paragraph 
        (1).
    (c) Definitions.--In this section, the terms ``TRICARE program'' 
and ``TRICARE Reserve Select'' have the meanings given those terms in 
section 1072 of title 10, United States Code.
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