[Congressional Record Volume 145, Number 8 (Tuesday, January 19, 1999)]
[Senate]
[Page S432]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. INOUYE:
  S. 29. A bill to amend section 1086 of title 10, United States Code, 
to provide for payment under CHAMPUS of certain health care expenses 
incurred by certain members and former members of the uniformed 
services and their dependents to the extent that such expenses are not 
payments under medicare, and for other purposes; to the Committee on 
Armed Services.


                    THE CAMPUS AMENDMENT ACT OF 1999

  Mr. INOUYE. Mr. President, I feel that it is imperative that our 
nation continue its firm commitment to those individuals and their 
families who have served in the Armed Forces and made us the great 
nation we are today. As this population ages, there is a need for a 
wider range of health services, some of which are simply not available 
under Medicare. These individuals made a commitment to their nation, 
trusting that when they needed help the nation would honor that 
commitment. The bill I am introducing today would ensure the highest 
possible quality of care for these dedicated citizens and their 
families by authorizing payment under CHAMPUS of certain health care 
expenses to the extent such expenses are not payable under Medicare.
  Mr. President, I ask unanimous consent that the text of this bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 29

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. EXPANSION OF MEDICARE EXCEPTION TO THE PROHIBITION 
                   OF CHAMPUS COVERAGE FOR CARE COVERED BY ANOTHER 
                   HEALTH CARE PLAN.

       (a) Amendment and Reorganization of Exceptions.--Subsection 
     (d) of section 1086 of title 10, United States Code, is 
     amended to read as follows:
       ``(d)(1) Section 1079(j) of this title shall apply to a 
     plan contracted for under this section except as follows:
       ``(A) Subject to paragraph (2), a benefit may be paid under 
     such plan in the case of a person referred to in subsection 
     (c) for items and services for which payment is made under 
     title XVIII of the Social Security Act.
       ``(B) No person eligible for health benefits under this 
     section may be denied benefits under this section with 
     respect to care or treatment for any service-connected 
     disability which is compensable under chapter 11 of title 38 
     solely on the basis that such person is entitled to care or 
     treatment for such disability in facilities of the Department 
     of Veterans Affairs.
       ``(2) If a person described in paragraph (1)(A) receives 
     medical or dental care for which payment may be made under 
     both title XVIII of the Social Security Act (42 U.S.C. 1395 
     et seq.) and a plan contracted for under subsection (a), the 
     amount payable for that care under the plan may not exceed 
     the difference between--
       ``(A) the sum of any deductibles, coinsurance, and balance 
     billing charges that would be imposed on the person if 
     payment for that care were made solely under that title; and
       ``(B) the sum of any deductibles, coinsurance, and balance 
     billing charges that would be imposed on the person if 
     payment for that care were made solely under the plan.
       ``(3) A plan contracted for under this section shall not be 
     considered a group health plan or large group health plan for 
     the purposes of paragraph (2) or (3) of section 1862(b) of 
     the Social Security Act (42 U.S.C. 1395y(b)).
       ``(4) A person who, by reason of the application of 
     paragraph (1), receives a benefit for items or services under 
     a plan contracted for under this section shall provide the 
     Secretary of Defense with any information relating to amounts 
     charged and paid for the items and services that, after 
     consulting with the other administering Secretaries, the 
     Secretary requires. A certification of such person regarding 
     such amounts may be accepted for the purposes of determining 
     the benefit payable under this section.''.
       (b) Repeal of Superseded Provision.--Such section is 
     further amended--
       (1) by striking out subsection (g); and
       (2) by redesignating subsection (h) as subsection (g).

     SEC. 2. CONFORMING AMENDMENT.

       Section 1713(d) of title 38, United States Code, is amended 
     by striking out ``section 1086(d)(1) of title 10 or''.

     SEC. 3. EFFECTIVE DATE.

       The amendments made by this Act shall take effect with 
     respect to health care items or services provided on and 
     after the date of enactment of this Act.
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