[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2046 Referred in Senate (RFS)]
1st Session
H. R. 2046
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 24, 2005
Received; read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
AN ACT
To amend the Servicemembers Civil Relief Act to limit premium increases
on reinstated health insurance on servicemembers who are released from
active military service, 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. SHORT TITLE.
This Act may be cited as the ``Servicemembers' Health Insurance
Protection Act of 2005''.
SEC. 2. LIMITATION ON PREMIUM INCREASES FOR REINSTATED HEALTH INSURANCE
OF SERVICEMEMBERS RELEASED FROM ACTIVE MILITARY SERVICE.
(a) Premium Protection.--Section 704 of the Servicemembers Civil
Relief Act (50 U.S.C. App. 594) is amended by adding at the end the
following new subsection:
``(e) Limitation on Premium Increases.--
``(1) Premium protection.--The amount of the premium for
health insurance coverage that was terminated by a
servicemember and required to be reinstated under subsection
(a) may not be increased, for the balance of the period for
which coverage would have been continued had the coverage not
been terminated, to an amount greater than the amount
chargeable for such coverage before the termination.
``(2) Increases of general applicability not precluded.--
Paragraph (1) does not prevent an increase in premium to the
extent of any general increase in the premiums charged by the
carrier of the health care insurance for the same health
insurance coverage for persons similarly covered by such
insurance during the period between the termination and the
reinstatement.''.
(b) Technical Amendment.--Subsection (b)(3) of such section is
amended by striking ``if the'' and inserting ``in a case in which
the''.
SEC. 3. PRESERVATION OF EMPLOYER-SPONSORED HEALTH PLAN COVERAGE FOR
CERTAIN RESERVE-COMPONENT MEMBERS WHO ACQUIRE TRICARE
ELIGIBILITY.
(a) Continuation of Coverage.--Subsection (a)(1) of section 4317 of
title 38, United States Code, is amended by inserting after ``by reason
of service in the uniformed services,'' the following: ``or such person
becomes eligible for medical and dental care under chapter 55 of title
10 by reason of subsection (d) of section 1074 of that title,''.
(b) Reinstatement of Coverage.--Subsection (b) of such section is
amended--
(1) in paragraph (1)--
(A) by inserting after ``by reason of service in
the uniformed services,'' the following: ``or by reason
of the person's having become eligible for medical and
dental care under chapter 55 of title 10 by reason of
subsection (d) of section 1074 of that title,''; and
(B) by inserting ``or eligibility'' before the
period at the end of the first sentence; and
(2) by adding at the end the following new paragraph:
``(3) In the case of a person whose coverage under a health plan is
terminated by reason of the person having become eligible for medical
and dental care under chapter 55 of title 10 by reason of subsection
(d) of section 1074 of that title but who subsequently does not
commence a period of active duty under the order to active duty that
established such eligibility because the order is canceled before such
active duty commences, the provisions of paragraph (1) relating to any
exclusion or waiting period in connection with the reinstatement of
coverage under a health plan shall apply to such person's continued
employment, upon the termination of such eligibility for medical and
dental care under chapter 55 of title 10 that is incident to the
cancellation of such order, in the same manner as if the person had
become reemployed upon such termination of eligibility.''.
SEC. 4. TECHNICAL CORRECTIONS TO VETERANS BENEFITS IMPROVEMENT ACT OF
2004.
(a) Corrections.--Section 2101 of title 38, United States Code, as
amended by section 401 of the Veterans Benefits Improvement Act of 2004
(Public Law 108-454; 118 Stat. 3614), is amended--
(1) by redesignating subsection (c) as subsection (d);
(2) by inserting after subsection (b) a new subsection (c)
consisting of the text of subsection (c) of such section 2101
as in effect immediately before the enactment of such Act,
modified--
(A) in paragraph (1)--
(i) in the first sentence, by striking
``paragraph (1), (2), or (3)'' and inserting
``subparagraph (A), (B), (C), or (D) of
paragraph (2)''; and
(ii) in the second sentence, by striking
``the second sentence'' and inserting
``paragraph (3)''; and
(B) in paragraph (2)--
(i) in the first sentence, by striking
``paragraph (1)'' and inserting ``paragraph
(2)''; and
(ii) in the second sentence, by striking
``paragraph (2)'' and inserting ``paragraph
(3)''; and
(3) in subsection (a)(3), by striking ``subsection (c)'' in
the matter preceding subparagraph (A) and inserting
``subsection (d)''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as of December 10, 2004, as if enacted immediately after
the enactment of the Veterans Benefits Improvement Act of 2004 on that
date.
SEC. 5. NOTIFICATION TO MEMBER'S SPOUSE OR NEXT OF KIN OF CERTAIN
ELECTIONS UNDER SERVICEMEMBERS' GROUP LIFE INSURANCE
PROGRAM.
(a) Repeal.--Subsections (f) and (g) of section 1012 of division A
of the Emergency Supplemental Appropriations Act for Defense, the
Global War on Terror, and Tsunami Relief Act, 2005 (Public Law 109-13),
and the amendments made by those subsections, are repealed, and
sections 1967 and 1970 of title 38, United States Code, shall be
applied as if those subsections had not been enacted.
(b) Notification Required.--Section 1967 of title 38, United States
Code, is amended by adding at the end the following new subsection:
``(f)(1)(A) Whenever a member who is eligible for insurance under
this subchapter executes a life insurance option specified in
subparagraph (B), the Secretary concerned shall notify the member's
spouse or, if the member is unmarried, the member's next of kin, in
writing, of the execution of that option.
``(B) A life insurance option referred to in subparagraph (A) is
any of the following:
``(i) An election under subsection (a)(2)(A) not to be
insured under this subchapter.
``(ii) An election under subsection (a)(3)(B) for insurance
of the member in an amount that is less than the maximum amount
provided under subsection (a)(3)(A)(i).
``(iii) An application under subsection (c) for insurance
coverage under this subchapter or for a change in the amount of
such insurance coverage.
``(iv) In the case of a married member, a designation under
section 1970(a) of this title of any person other than the
spouse or a child of the member as the beneficiary of the
member for any amount of insurance under this subchapter.
``(2) Whenever an unmarried member who is eligible for insurance
under this subchapter marries, the Secretary concerned shall notify the
member's spouse in writing as to whether the member is insured under
this subchapter. In the case of a member who is so insured, the
Secretary shall include with such notification--
``(A) if the member has made an election described in
paragraph (1)(B)(ii), notice that the amount of such insurance
is less than the maximum amount provided under subsection
(a)(3)(A)(i); and
``(B) if the member has designated a beneficiary other than
the spouse or a child of the member for any amount of such
insurance, notice that such a designation has been made.
``(3)(A) Notification of a spouse under paragraph (1) or (2), or of
any other person under paragraph (1), for purposes of this subsection
shall consist of a good faith effort to provide information to the
spouse or other person at the last address of the spouse or other
person known to the Secretary concerned.
``(B) Failure to provide such notification, or to provide such
notification in a timely manner, does not affect
the validity of any life insurance option referred to in paragraph
(1)(B).''.
Passed the House of Representatives May 23, 2005.
Attest:
JEFF TRANDAHL,
Clerk.