[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4035 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4035

 To require the Director of the Office of Personnel Management to take 
 certain actions with respect to the health insurance program carried 
  out under chapter 89 of title 5, United States Code, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 21, 2024

   Mr. Scott of Florida (for himself and Mr. Carper) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To require the Director of the Office of Personnel Management to take 
 certain actions with respect to the health insurance program carried 
  out under chapter 89 of title 5, United States Code, 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 ``FEHB Protection Act''.

SEC. 2. FEHB IMPROVEMENTS.

    (a) Definitions.--In this section:
            (1) Director.--The term ``Director'' means the Director of 
        the Office of Personnel Management.
            (2) Employing office.--The term ``employing office'' has 
        the meaning given the term in section 890.101(a) of title 5, 
        Code of Federal Regulations, or any successor regulation.
            (3) Health benefits plan; member of family.--The terms 
        ``health benefits plan'' and ``member of family'' have the 
        meanings given those terms in section 8901 of title 5, United 
        States Code.
            (4) Open season.--The term ``open season'' means an open 
        season described in section 890.301(f) of title 5, Code of 
        Federal Regulations, or any successor regulation.
            (5) Program.--The term ``Program'' means the health 
        insurance program carried out under chapter 89 of title 5, 
        United States Code, including the program carried out under 
        section 8903c of that title.
            (6) Qualifying life event.--The term ``qualifying life 
        event'' has the meaning given the term in section 892.101 of 
        title 5, Code of Federal Regulations, or any successor 
        regulation.
    (b) Verification Requirements.--Beginning on the date that is 180 
days after the date of enactment of this Act, the Director shall 
require each employing office to verify--
            (1) the veracity of any qualifying life event through which 
        an enrollee in the Program seeks to add a member of family with 
        respect to the enrollee to a health benefits plan under the 
        Program; and
            (2) that, when an enrollee in the Program seeks to add a 
        member of family with respect to the enrollee to the health 
        benefits plan of the enrollee under the Program during any open 
        season, the individual so added is actually a member of family 
        with respect to the enrollee.
    (c) Fraud Risk Assessment.--In any fraud risk assessment conducted 
with respect to the Program on or after the date of enactment of this 
Act, the Director shall include an assessment of individuals who are 
enrolled in, or covered under, a health benefits plan under the Program 
even though those individuals are not eligible to be so enrolled or 
covered.
    (d) Family Member Eligibility Verification Audit.--
            (1) In general.--During the 5-year period beginning on the 
        date of enactment of this Act, the Director shall conduct a 
        comprehensive audit regarding members of family--
                    (A) who are covered under an enrollment in a health 
                benefits plan under the Program; and
                    (B) with respect to whom the basis for the 
                eligibility for the coverage described in subparagraph 
                (A) has not been verified.
            (2) Contents.--In conducting the audit required under 
        paragraph (1), the Director shall review marriage certificates, 
        birth certificates, and other appropriate documents that are 
        necessary to determine eligibility to enroll in a health 
        benefits plan under the Program.
    (e) Disenrollment or Removal.--Beginning on the date of enactment 
of this Act, the Director may disenroll or remove from enrollment any 
individual enrolled in, or covered under, a health benefits plan under 
the Program if the Director determines that such individual is not 
eligible to be so enrolled or covered.
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