[Congressional Record Volume 151, Number 56 (Tuesday, May 3, 2005)]
[Extensions of Remarks]
[Page E855]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    INTRODUCTION OF H.R. 2046, THE SERVICEMEMBERS' HEALTH INSURANCE 
                         PROTECTION ACT OF 2005

                                 ______
                                 

                            HON. STEVE BUYER

                               of indiana

                    in the house of representatives

                          Tuesday, May 3, 2005

  Mr. BUYER. Mr. Speaker, today I am introducing H.R. 2046, the 
Servicemembers' Health Insurance Protection Act of 2005, to strengthen 
the rights of men and women serving in the Reserve components of our 
armed forces when they seek to have their health insurance reinstated 
upon release from active military duty. As Chairman of the Committee on 
Veterans' Affairs, I am pleased that Mr. Evans, Ranking Minority Member 
of our Committee; Mr. Boozman, Chairman of the Committee's Economic 
Opportunity Subcommittee; and Ms. Herseth, the Subcommittee's Ranking 
Minority Member, have joined me as original cosponsors in introducing 
this legislation.
  Frequently, members of the National Guard and Reserve drop their 
health insurance coverage upon their mobilization, because they and 
their families have become eligible for the Department of Defense 
TRICARE health care system. Under the Servicemembers Civil Relief Act 
(SCRA), a servicemember ordered to active duty who terminates health 
insurance coverage is entitled to reinstatement of coverage after 
returning to civilian life, but the SCRA does not currently expressly 
protect the servicemember against a premium increase upon 
reinstatement. This measure would prohibit a premium increase upon 
reinstatement if it affects only the individual servicemember, but it 
would allow general increases in premiums if they apply to other 
persons with similar coverage.
  Also, under a change to TRICARE eligibility in 2003, members of the 
National Guard and Reserve are allowed to begin their TRICARE coverage 
in advance of actually reporting for active duty. However, under 
existing provisions of the Uniformed Services Employment and 
Reemployment Rights Act (USERRA), if reservists elect TRICARE coverage 
prior to departing for active duty and do not continue their employer-
sponsored health care insurance until they have begun active duty, they 
may lose their right to reinstatement of coverage. This measure would 
conform the USERRA health care insurance reinstatement right to the 
change in TRICARE eligibility and ensure no loss of coverage.
  Mr. Speaker, these improvements in our laws would further protect 
members of the National Guard and Reserve who so willingly make great 
personal sacrifices in the defense of our Nation. I urge my colleagues 
to support H.R. 2046, the Servicemembers' Health Insurance Protection 
Act of 2005, to provide new health insurance protections for these 
guardians of freedom.

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