[Congressional Record Volume 163, Number 127 (Thursday, July 27, 2017)]
[Senate]
[Pages S4453-S4454]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 424. Mr. NELSON (for himself and Mr. Blumenthal) submitted an
amendment intended to be proposed by him to the bill H.R. 2810, to
authorize appropriations for fiscal year 2018 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle A of title VII, add the following:
SEC. 710. ELIGIBILITY FOR TRICARE FOR VETERANS ENTITLED TO
MEDICARE BENEFITS DUE TO CONDITIONS OR INJURIES
INCURRED DURING SERVICE IN THE ARMED FORCES.
(a) TRICARE Provisions.--
(1) In general.--Paragraph (2) of section 1086(d) of title
10, United States Code, is amended--
(A) in subparagraph (A), by striking ``is enrolled'' and
inserting ``(i) is enrolled'';
(B) by redesignating subparagraph (B) as clause (ii);
(C) in clause (ii), as redesignated by paragraph (2), by
striking the period at the end and inserting ``; or''; and
(D) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) is a person described in subparagraph (A)(ii) who--
``(i) is retired for disability under chapter 61 of this
title as a result of an injury or condition suffered during
service in the armed forces;
``(ii)(I) is entitled to hospital insurance benefits under
part A of title XVIII of the Social Security Act pursuant to
subparagraph (A) or (C) of section 226(b)(2) of such Act (42
U.S.C. 426(b)(2)) and is entitled to a benefit described in
subparagraph (A) of such section; or
``(II) is entitled to hospital insurance benefits under
part A of title XVIII of the Social Security Act pursuant to
subparagraph (A) or (C) of such section and whose entitlement
to a benefit described in subparagraph (A) of such section
terminated due to performance of substantial gainful
activity; and
``(iii) has declined to enroll in the supplementary medical
insurance program under part B of title XVIII of the Social
Security Act (42 U.S.C. 1395j et seq.).''.
(2) Allowance of one change of enrollment.--Such section is
further amended by adding at the end the following new
paragraph:
``(6)(A) Except as provided in subparagraph (B), after the
end of the special enrollment period provided under section
2(a)(3) of the National Defense Authorization Act for Fiscal
Year 2018, an individual described in paragraph (2)(B) may
switch only once from enrollment under the Medicare program
under title XVIII of the Social Security Act (42 U.S.C. 1395
et seq.) to enrollment in a plan contracted for under
subsection (a).
``(B) The limitation under subparagraph (A) does not apply
to enrollment by an individual in a plan contracted for under
subsection (a) by reason of termination of the entitlement of
the individual to a benefit described in subparagraph (A) of
section 226(b)(2) of the Social Security Act (42 U.S.C.
426(b)(2)) due to the performance of substantial gainful
activity.''.
(3) Special enrollment period.--
(A) In general.--The Secretary of Defense shall provide for
a special enrollment period during which an individual
described in subsection (d)(2)(B) of section 1086 of title
10, United States Code, may enroll in a health care plan
under such section. Such period shall begin as soon as
possible after the date of the enactment of this Act and
shall end 12 months later.
(B) Coverage period.--In the case of an individual who
enrolls during the special enrollment period provided under
subparagraph (A), the coverage period under section 1086 of
title 10, United States Code, shall begin on the first day of
the month following the month in which the individual
enrolls.
(4) Conforming amendments.--Section 1086(d) of title 10,
United States Code, is amended--
(A) in paragraph (4)(A), in the matter preceding clause
(i), by striking ``paragraph (2)(B)'' and inserting
``paragraph (2)(A)(ii)''; and
(B) in paragraph (5)--
(i) by striking ``subparagraph (B)'' and inserting
``subparagraph (A)(ii)''; and
(ii) by striking ``subparagraph (A)'' and inserting
``subparagraph (A)(i)''.
(b) Medicare Provisions.--
(1) Waiver of medicare part b late enrollment penalty.--
(A) In general.--Section 1839(b) of the Social Security Act
(42 U.S.C. 1395r(b)) is amended by adding at the end the
following new sentences: ``No increase in the premium shall
be effected for a month in the case of an individual who
demonstrates to the Secretary that the individual, with
respect to such month, is an individual described in section
1086(d)(2)(B) of title 10, United States Code. The Secretary
of Health and Human Services shall consult with the Secretary
of Defense in identifying individuals described in the
previous sentence.''.
(B) Effective date.--The amendment made by subparagraph (A)
shall apply to premiums for months beginning after the date
of the enactment of this Act. The Secretary shall establish a
method for providing rebates of premium penalties paid for
months after the date of the enactment of this Act for which
a penalty does not apply under such amendment but for which a
penalty was previously collected.
(2) Medicare part b special enrollment period.--
(A) In general.--In the case of any individual who, as of
the date of the enactment of this Act, is eligible to enroll
but is not enrolled under part B of title XVIII of the Social
Security Act and is an individual described in section
1086(d)(2)(B) of title 10, United States Code, the Secretary
of Health and Human Services shall provide for a special
enrollment period during which the individual may enroll
under such part. Such period shall begin as soon as possible
after the date of the enactment of this Act and shall end 12
months later.
(B) Coverage period.--In the case of an individual who
enrolls during the special enrollment period provided under
subparagraph (A), the coverage period under part B of title
XVIII of the Social Security Act shall begin on the first day
of the month following the month in which the individual
enrolls.
(c) Notification and Information to Beneficiaries.--
(1) Notification regarding insurance options.--The
Secretary of Defense shall coordinate with the Secretary of
Health and Human Services to identify individuals described
in section 1086(d)(2)(B) of title 10, United States Code, as
added by subsection (a), and notify those individuals about
their health insurance options under the TRICARE program, as
defined in section 1072 of such title, and the Medicare
program under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.).
(2) Provision of information to beneficiaries.--
(A) In general.--The Secretary of Defense shall provide to
individuals described in paragraph (1) educational materials,
information, and counseling regarding the effects of not
enrolling in the supplementary medical insurance program
under part B of title XVIII of the Social Security Act (42
U.S.C. 1395j et seq.), including information comparing
premiums, copayments, deductibles,
[[Page S4454]]
provider networks, future enrollment opportunities, and
penalties for the various health insurance plans available to
assist those individuals in making appropriate health
insurance choices.
(B) Timing.--The Secretary shall provide the educational
materials, information, and counseling described in
subparagraph (A) to an individual described in paragraph (1)
before the individual elects to change enrollment between the
TRICARE program, as defined in section 1072 of title 10,
United States Code, and the Medicare program under title
XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).
______