Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2046) to amend the Servicemembers Civil Relief Act to limit premium increases on reinstated health insurance on servicemembers who are released from active military service,…
Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2046) 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, as amended.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 2046, as amended, the Servicemembers' Health Insurance Protection Act of 2005, provides several improvements to the Servicemembers' Civil Relief Act and the Uniformed Services Employment and Reemployment Rights Act.
Mr. Speaker, this is a bipartisan bill and was passed by unanimous consent in both the Subcommittee on Economic Opportunity and the full Committee on Veterans Affairs. I am delighted to bring this important piece of legislation before the House.
The bill has several components. Section 2 of the bill would amend section 704 of the Servicemembers Civil Relief Act, otherwise known as the SCRA, to limit premium increases on reinstated health insurance coverage of servicemembers who are released from active duty. Section 704 provides that a servicemember who is ordered to active duty is entitled, upon release, to reinstatement of any health insurance in effect on the day before actually beginning active duty.
This amendment would prohibit any increase in individual health insurance premiums from the period of time for which coverage would have been continued, had the coverage not been terminated due to military service. However, a health care insurance carrier would be allowed to increase the servicemember's premium if the general premium increase was implemented for all persons similarly covered during the period between the termination and the reinstatement.
Section 704 of the SCRA currently contains no express provision regarding premium increases. This amendment to the SCRA would ensure that servicemembers are treated fairly upon reinstatement of their health insurance and are not discouraged by premium increases from exercising their reinstatement entitlement rights.
Section 3 of the bill would amend section 4317 of the Uniformed Services Employment and Reemployment Rights Act, better known as USERRA, to preserve employer-sponsored health plan reinstatement rights for certain Reservists who, prior to entering active duty, acquire TRICARE coverage under Title X. This TRICARE option only became available by an amendment to the TRICARE authority enacted in the National Defense Authorization Act for fiscal year 2004 on November 24, 2003.
Under existing law, an employer is only required to provide employees returning from active duty with the same employer-sponsored health benefits they had when they reported for active duty. Unless the employer voluntarily chooses to allow immediate reinstatement of coverage, an employee would be required to wait for the next open enrollment opportunity provided by the employer.
Section 3 would confirm the health insurance reinstatement rights under USERRA to the change in TRICARE. This amendment to section 4317 of USERRA would protect both employees who did not actually report because
of cancellation of active duty orders and employees who served a period of active duty.
Section 4 of the bill would make a technical correction to the Public Law 108-454 regarding the VA's adaptive housing grant program.
Finally, section 5 of the bill would make a correction to the servicemembers' group life insurance provisions of H.R. 1268 regarding spousal notification for servicemembers' elections of coverage and designation of beneficiaries.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 3 minutes to the gentlewoman from Florida (Ms. Ginny Brown-Waite).
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I want to thank the gentleman from Indiana (Chairman Buyer); the gentleman from Illinois (Mr. Evans), our full committee ranking member; and the gentlewoman from South Dakota (Ms. Herseth), the Economic Opportunities Subcommittee ranking member, for their leadership and hard work on this bill. And, again, as was noted, I especially want to thank the staff.
Once again, this is a bipartisan bill, and I urge all Members to support the Servicemembers Health Insurance Protection Act of 2005.
Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.