[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2197 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 2197
To amend title 10, United States Code, to provide for Department of
Defense funding of continuation of health benefits plan coverage for
certain Reserves called or ordered to active duty and their dependents,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 21, 2003
Mr. Ryan of Ohio (for himself, Mr. Acevedo-Vila, Mr. Boucher, Mr.
Capuano, Mrs. Christensen, Mr. Hinchey, Mr. Holden, Mr. Kennedy of
Rhode Island, Mr. Kildee, Ms. Kilpatrick, Mr. McGovern, Mr. Payne, Mr.
Ruppersberger, Mr. Sanders, Mr. Strickland, and Mr. Waxman) introduced
the following bill; which was referred to the Committee on Armed
Services, and in addition to the Committees on Energy and Commerce,
Education and the Workforce, and Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to provide for Department of
Defense funding of continuation of health benefits plan coverage for
certain Reserves called or ordered to active duty and their dependents,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DEPARTMENT OF DEFENSE PAYMENT FOR CONTINUATION OF NON-
TRICARE HEALTH BENEFITS COVERAGE FOR CERTAIN MOBILIZED
RESERVES.
(a) Payment of Premiums.--
(1) Requirement to pay premiums.--Chapter 55 of title 10,
United States Code, is amended by inserting after section 1078a
the following new section:
``Sec. 1078b. Continuation of non-TRICARE health benefits plan coverage
for certain Reserves called or ordered to active duty and
their dependents
``(a) Payment of Premiums.--The Secretary concerned shall pay the
applicable premium to continue in force any qualified health benefits
plan coverage for an eligible reserve component member for the benefits
coverage continuation period if timely elected by the member in
accordance with regulations prescribed under subsection (h).
``(b) Eligible Member.--A member of a reserve component who is
called or ordered to active duty for a period of more than 30 days
under a provision of law referred to in section 101(a)(13)(B) of this
title is eligible for payment of the applicable premium for
continuation of qualified health benefits plan coverage under
subsection (a).
``(c) Qualified Health Benefits Plan Coverage.--For the purposes of
this section, health benefits plan coverage for a member called or
ordered to active duty is qualified health benefits plan coverage if--
``(1) the coverage was in force on the date on which the
Secretary notified the member that issuance of the call or
order was pending or, if no such notification was provided, the
date of the call or order; and
``(2) on that date, the coverage applied to the member and
dependents of the member.
``(d) Applicable Premium.--The applicable premium payable under
this section for continuation of health benefits plan coverage in the
case of a member is the amount of the premium payable by the member for
the coverage of the member and dependents.
``(e) Benefits Coverage Continuation Period.--The benefits coverage
continuation period under this section for qualified health benefits
plan coverage in the case of a member called or ordered to active duty
is the period that--
``(1) begins on the date of the call or order; and
``(2) ends on the earlier of the date on which--
``(A) the member's eligibility for transitional
health care under section 1145(a) of this title
terminates under paragraph (3) of such section;
``(B) the member or the dependents of the member
eligible for benefits under the qualified health
benefits plan coverage become covered by another health
benefits plan that is not TRICARE; or
``(C) the member elects to terminate the continued
qualified health benefits plan coverage of the
dependents of the member.
``(f) Extension of Period of COBRA Coverage.--Notwithstanding any
other provision of law--
``(1) any period of coverage under a COBRA continuation
provision (as defined in section 9832(d)(1) of the Internal
Revenue Code of 1986) for a member under this section shall be
deemed to be equal to the benefits coverage continuation period
for such member under this section; and
``(2) with respect to the election of any period of
coverage under a COBRA continuation provision (as so defined),
rules similar to the rules under section 4980B(f)(5)(C) of such
Code shall apply.
``(g) Special Rule With Respect to Individual Health Insurance
Coverage.--With respect to a member of a reserve component described in
subsection (b) who was enrolled in individual health insurance coverage
(as such term is defined in section 2791(b)(5) of the Public Health
Service Act) on the date on which the member was called or ordered to
active duty, the health insurance issuer may not--
``(1) decline to offer such coverage to, or deny re-
enrollment of, such individual during the benefits coverage
continuation period described in subsection (e);
``(2) impose any preexisting condition exclusion (as
defined in section 2701(b)(1)(A) of the Public Health Service
Act) with respect to the re-enrollment of such member for such
coverage during such period; or
``(3) increase the premium rate for re-enrollment of such
member under such coverage during such period above the rate
that was paid for the coverage prior to the date of such call
or order.
``(h) Nonduplication of Benefits.--A dependent of a member who is
eligible for benefits under qualified health benefits plan coverage
paid on behalf of a member by the Secretary concerned under this
section is not eligible for benefits under TRICARE during a period of
the coverage for which so paid.
``(i) Revocability of Election.--A member who makes an election
under subsection (a) may revoke the election. Upon such a revocation,
the member's dependents shall become eligible for TRICARE as provided
for under this chapter.
``(j) Regulations.--The Secretary of Defense shall prescribe
regulations for carrying out this section. The regulations shall
include such requirements for making an election of payment of
applicable premiums as the Secretary considers appropriate.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1078a the following new item:
``1078b. Continuation of non-TRICARE health benefits plan coverage for
certain Reserves called or ordered to
active duty and their dependents.''.
(b) Applicability.--Section 1078b of title 10, United States Code
(as added by subsection (a)), shall apply with respect to calls or
orders of members of reserve components of the Armed Forces to active
duty as described in subsection (b) of such section, that are issued by
the Secretary of a military department on or after the date of the
enactment of this Act.
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