II 

115TH CONGRESS 

1ST SESSION S. 1461 

To amend title 10, United States Code, to provide for the eligibility of 

certain former members of the Armed Forces who are medically retired 

and who are entitled to hospital insurance benefits under Medicare part 

A by reason of previous entitlement to social security disability insurance 

benefits to enroll in the TRICARE program regardless of whether such 

members decline enrollment under Medicare part B, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 28, 2017 

Mrs. ERNST introduced the following bill; which was read twice and referred 

to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to provide for the 

eligibility of certain former members of the Armed 

Forces who are medically retired and who are entitled 

to hospital insurance benefits under Medicare part A 

by reason of previous entitlement to social security disability insurance benefits to enroll in the TRICARE program regardless of whether such members decline enrollment under Medicare part B, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


lotter on DSKBCFDHB2PROD with BILLS
2 

•S 1461 IS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Health Equity and 

3 Access for Returning Troops and Servicemembers Act’’ or 

4 the ‘‘HEARTS Act’’. 

5 SEC. 2. MODIFICATION OF REQUIREMENT FOR CERTAIN 

6 FORMER MEMBERS OF THE ARMED FORCES 

7 TO ENROLL IN MEDICARE PART B TO BE ELI8 GIBLE FOR TRICARE FOR LIFE. 

9 (a) TRICARE ELIGIBILITY.— 

10 (1) IN GENERAL.—Subsection (d) of section 

11 1086 of title 10, United States Code, is amended by 

12 adding at the end the following new paragraph: 

13 ‘‘(6)(A) The requirement in paragraph (2)(A) to en14 roll in the supplementary medical insurance program 

15 under part B of title XVIII of the Social Security Act (42 

16 U.S.C. 1395j et seq.) shall not apply to a person described 

17 in subparagraph (B) during any month in which such per18 son is not entitled to a benefit described in subparagraph 

19 (A) of section 226(b)(2) of the Social Security Act (42 

20 U.S.C. 426(b)(2)) if such person has received the coun21 seling and information under subparagraph (C). 

22 ‘‘(B) A person described in this subparagraph is a 

23 person— 

24 ‘‘(i) who is under 65 years of age; 

25 ‘‘(ii) who is entitled to hospital insurance bene26 fits under part A of title XVIII of the Social SecuVerDate Sep 11 2014 04:20 Jul 08, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1461.IS S1461

lotter on DSKBCFDHB2PROD with BILLS
3 

•S 1461 IS

1 rity Act pursuant to subparagraph (A) or (C) of sec2 tion 226(b)(2) of such Act (42 U.S.C. 426(b)(2)); 

3 ‘‘(iii) whose entitlement to a benefit described 

4 in subparagraph (A) of such section has terminated 

5 due to performance of substantial gainful activity; 

6 and 

7 ‘‘(iv) who is retired under chapter 61 of this 

8 title. 

9 ‘‘(C) The Secretary of Defense shall coordinate with 

10 the Secretary of Health and Human Services to notify per11 sons described in subparagraph (B) of, and provide infor12 mation and counseling regarding, the effects of not enroll13 ing in the supplementary medical insurance program 

14 under part B of title XVIII of the Social Security Act (42 

15 U.S.C. 1395j et seq.), as described in subparagraph (A).’’. 

16 (2) CONFORMING AMENDMENT.—Paragraph 

17 (2)(A) of such subsection is amended by striking ‘‘is 

18 enrolled’’ and inserting ‘‘except as provided by para19 graph (6), is enrolled’’. 

20 (3) IDENTIFICATION OF PERSONS.—Section 

21 1110a of such title is amended by adding at the end 

22 the following new subsection: 

23 ‘‘(c) CERTAIN INDIVIDUALS NOT REQUIRED TO EN24 ROLL IN MEDICARE PART B.—In carrying out subsection 

25 (a), the Secretary of Defense shall coordinate with the 


lotter on DSKBCFDHB2PROD with BILLS
4 

•S 1461 IS

1 Secretary of Health and Human Services and the Commis2 sioner of Social Security to— 

3 ‘‘(1) identify persons described in subparagraph 

4 (B) of section 1086(d)(6) of this title; and 

5 ‘‘(2) provide information and counseling pursu6 ant to subparagraph (C) of such section.’’. 

7 (b) NON-APPLICATION OF MEDICARE PART B LATE

8 ENROLLMENT PENALTY.—Section 1839(b) of the Social 

9 Security Act (42 U.S.C. 1395r(b)) is amended, in the sec10 ond sentence, by inserting ‘‘or months for which the indi11 vidual can demonstrate that the individual is an individual 

12 described in paragraph (6)(B) of section 1086(d) of title 

13 10, United States Code, who is enrolled in the TRICARE 

14 program pursuant to such section’’ after ‘‘an individual 

15 described in section 1837(k)(3)’’. 

16 (c) REPORT.— 

17 (1) IN GENERAL.—Not later than one year 

18 after the date of the enactment of this Act, the Sec19 retary of Defense, the Secretary of Health and 

20 Human Services, and the Commissioner of Social 

21 Security shall jointly submit to the Committee on 

22 Armed Services and the Committee on Finance of 

23 the Senate and the Committee on Armed Services 

24 and the Committee on Ways and Means of the 

25 House of Representatives a report on the implemenVerDate Sep 11 2014 04:20 Jul 08, 2017 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1461.IS S1461

lotter on DSKBCFDHB2PROD with BILLS
5 

•S 1461 IS

1 tation of section 1086(d)(6) of title 10, United 

2 States Code, as added by subsection (a). 

3 (2) ELEMENTS.—The report required by para4 graph (1) shall include, with respect to the period 

5 covered by the report— 

6 (A) the number of individuals enrolled in 

7 TRICARE for Life (as defined in section 1072 

8 of title 10, United States Code) who are not en9 rolled in the supplementary medical insurance 

10 program under part B of title XVIII of the So11 cial Security Act (42 U.S.C. 1395j et seq.) by 

12 reason of section 1086(d)(6) of title 10, United 

13 States Code; and 

14 (B) the number of individuals who— 

15 (i) are retired from the Armed Forces 

16 under chapter 61 of such title; 

17 (ii) are entitled to hospital insurance 

18 benefits under part A of title XVIII of the 

19 Social Security Act pursuant to receiving 

20 benefits for 24 months as described in sub21 paragraph (A) or (C) of section 226(b)(2) 

22 of such Act (42 U.S.C. 426(b)(2)); and 

23 (iii) because of such entitlement, are 

24 no longer enrolled in TRICARE Standard, 

25 TRICARE Prime, TRICARE Extra, or 


lotter on DSKBCFDHB2PROD with BILLS
6 

•S 1461 IS

1 TRICARE Select (as those terms are de2 fined in section 1072 of title 10, United 

3 States Code) under chapter 55 of title 10, 

4 United States Code. 

5 (d) APPLICATION.—The amendments made by this 

6 section shall apply with respect to a person who, on or 

7 after the date of the enactment of this Act, is a person 

8 described in section 1086(d)(6)(B) of title 10, United 

9 States Code, as added by subsection (a). 

Æ 


lotter on DSKBCFDHB2PROD with BILLS