[Congressional Record Volume 157, Number 31 (Thursday, March 3, 2011)]
[Senate]
[Pages S1235-S1236]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA.
  S. 490. 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, today, many dependent children of veterans 
who permanently and totally disabled from a service connected 
disability or who died in the line of duty are no longer being covered 
by their health insurance program. I am introducing important 
legislation that would make a critical adjustment to current 
eligibility requirements for children who receive health care under the 
Civilian Health and Medical Program of the Department of Veterans 
Affairs program.

[[Page S1236]]

  CHAMPVA was established in 1973 within the Veterans Administration to 
provide health care services to dependents and survivors of our 
Nation's veterans. CHAMPVA enrollment has grown steadily over the years 
and, as of fiscal year 2009, covers more than 336,000 beneficiaries.
  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. After losing full-time status at school, 
or upon turning 23-years-old, an eligible child of a veteran would lose 
eligibility.
  The landmark health care reform act that was enacted into law last 
year includes a provision that requires private health insurance to 
cover 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. Beneficiaries are already being cut off 
from coverage. We need to take prompt action to extend coverage to the 
dependents of these veterans who have given so much to our country. 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. 490

       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:
       ``(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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