[Congressional Record Volume 156, Number 125 (Thursday, September 16, 2010)]
[Senate]
[Pages S7177-S7178]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA:
  S. 3801. A bill to amend title 38, United States Code, to increase 
the maximum age for children eligible for medical care under the 
CHAMPVA program, and for other purposes; to the Committee on Veterans' 
Affairs.
  Mr. AKAKA. Mr. President, as Chairman of the Senate Committee on 
Veterans' Affairs, I am proposing a needed adjustment to current 
eligibility requirements for children who receive health care under the 
Civilian Health and Medical Program of the Department of Veterans 
Affairs.
  CHAMPVA, established in 1973 within VA, provides health care services 
to dependents and survivors of certain veterans. CHAMPVA enrollment has 
grown steadily over the years and, as of fiscal year 2009, covers 
nearly 336,300 unique beneficiaries. Servicemembers continue to deploy 
and return home from Afghanistan and Iraq, and CHAMPVA plays a vital 
role in caring for veterans' loved ones.
  Under the current law, a dependent child loses eligibility for 
CHAMPVA upon turning 18 years old, unless the child is enrolled in 
school on a full time basis. Also, after losing full-time status at 
school, or upon turning 23 years old, an eligible child of a veteran 
would lose eligibility.
  With the passage earlier this year of the Patient Protection and 
Affordable Care Act, Public Law 111-148, many veterans' families have 
expressed concern regarding their own children's health care coverage. 
The PPACA contains a provision that extends health insurance coverage 
to dependent children until age 26. I believe it is only fair to afford 
children who are CHAMPVA beneficiaries the same eligibility as 
dependent children whose parents have private sector coverage. Though 
this Congress is in its final month, we need to open the discussion on 
this issue now so that, if we must wait until next year to act, we can 
do so quickly.
  My hope in introducing this legislation is to ensure that CHAMPVA 
recipients, without regard to their type of coverage, student status, 
or other limitation, are eligible for health care coverage under their 
parent's plan in the same way as their peers. I urge my colleagues to 
support this necessary modification.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3801

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

     SECTION 1. INCREASE OF MAXIMUM AGE FOR CHILDREN ELIGIBLE FOR 
                   MEDICAL CARE UNDER CHAMPVA PROGRAM.

       (a) Increase.--Subsection (c) of section 1781 of title 38, 
     United States Code, is amended to read as follows:

[[Page S7178]]

       ``(c)(1) Notwithstanding clauses (i) and (iii) of section 
     101(4)(A) of this title and except as provided in paragraph 
     (2), for purposes of this section, a child who is eligible 
     for benefits under subsection (a) shall remain eligible for 
     benefits under this section until the child's 26th birthday, 
     regardless of the child's marital status.
       ``(2) Before January 1, 2014, paragraph (1) shall not apply 
     to a child who is eligible to enroll in an eligible employer-
     sponsored plan (as defined in section 5000A(f)(2) of the 
     Internal Revenue Code of 1986).
       ``(3) This subsection shall not be construed to limit 
     eligibility for coverage of a child described in section 
     101(4)(A)(ii) of this title.''.
       (b) Effective Date.--Such subsection, as so amended, shall 
     apply with respect to medical care provided on or after the 
     date of the enactment of this Act.

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