I 

115TH CONGRESS 

1ST SESSION H. R. 2243 

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 HOUSE OF REPRESENTATIVES 

APRIL 28, 2017 

Mr. SAM JOHNSON of Texas (for himself, Mr. ROE of Tennessee, and Mr. 

WALZ) introduced the following bill; which was referred to the Committee 

on Armed Services, and in addition to the Committees on Energy and 

Commerce, 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 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. 


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

3 SECTION 1. SHORT TITLE. 

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

5 Access for Returning Troops and Servicemembers Act’’ or 

6 the ‘‘HEARTS Act’’. 

7 SEC. 2. MODIFICATION OF REQUIREMENT FOR CERTAIN 

8 FORMER MEMBERS OF THE ARMED FORCES 

9 TO ENROLL IN MEDICARE PART B TO BE ELI10 GIBLE FOR TRICARE FOR LIFE. 

11 (a) TRICARE ELIGIBILITY.— 

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

13 1086 of title 10, United States Code, is amended by 

14 adding at the end the following new paragraph: 

15 ‘‘(6)(A) The requirement in paragraph (2)(A) to en16 roll in the supplementary medical insurance program 

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

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

19 in subparagraph (B) during any month in which such per20 son is not entitled to a benefit described in subparagraph 

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

22 U.S.C. 426(b)(2)) if such person has received the coun23 seling and information under subparagraph (C). 

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

25 person— 


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

2 ‘‘(ii) who is entitled to hospital insurance bene3 fits under part A of title XVIII of the Social Secu4 rity Act pursuant to subparagraph (A) or (C) of sec5 tion 226(b)(2) of such Act (42 U.S.C. 426(b)(2)); 

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

7 in subparagraph (A) of such section has terminated 

8 due to performance of substantial gainful activity; 

9 and 

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

11 title. 

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

13 the Secretary of Health and Human Services to notify per14 sons described in subparagraph (B) of, and provide infor15 mation and counseling regarding, the effects of not enroll16 ing in the supplementary medical insurance program 

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

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

19 (2) CONFORMING AMENDMENT.—Paragraph 

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

21 enrolled’’ and inserting ‘‘except as provided by para22 graph (6), is enrolled’’. 

23 (3) IDENTIFICATION OF PERSONS.—Section 

24 1110a of such title is amended by adding at the end 

25 the following new subsection: 


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1 ‘‘(c) CERTAIN INDIVIDUALS NOT REQUIRED TO EN2 ROLL IN MEDICARE PART B.—In carrying out subsection 

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

4 Secretary of Health and Human Services and the Commis5 sioner of Social Security to— 

6 ‘‘(1) identify persons described in subparagraph 

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

8 ‘‘(2) provide information and counseling pursu9 ant to subparagraph (D) of such section.’’. 

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

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

12 Security Act (42 U.S.C. 1395r(b)) is amended, in the sec13 ond sentence, by inserting ‘‘or months for which the indi14 vidual can demonstrate that the individual is an individual 

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

16 10, United States Code, who is enrolled in the TRICARE 

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

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

19 (c) REPORT.—Not later than one year after the date 

20 of the enactment of this Act, the Secretary of Defense, 

21 the Secretary of Health and Human Services, and the 

22 Commissioner of Social Security shall jointly submit to the 

23 Committees on Armed Services of the House of Represent24 atives and the Senate, the Committee on Ways and Means 

25 of the House of Representatives, and the Committee on 


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1 Finance of the Senate a report on the implementation of 

2 section 1086(d)(6) of title 10, United States Code, as 

3 added by subsection (a). Such report shall include, with 

4 respect to the period covered by the report— 

5 (1) the number of individuals enrolled in 

6 TRICARE for Life who are not enrolled in the sup7 plementary medical insurance program under part B 

8 of title XVIII of the Social Security Act (42 U.S.C. 

9 1395j et seq.) by reason of such section 1086(d)(6); 

10 and 

11 (2) the number of individuals who— 

12 (A) are retired from the Armed Forces 

13 under chapter 61 of title 10, United States 

14 Code; 

15 (B) are entitled to hospital insurance bene16 fits under part A of title XVIII of the Social 

17 Security Act pursuant to receiving benefits for 

18 24 months as described in subparagraph (A) or 

19 (C) of section 226(b)(2) of such Act (42 U.S.C. 

20 426(b)(2)); and 

21 (C) because of such entitlement, are no 

22 longer enrolled in TRICARE Standard, 

23 TRICARE Prime, TRICARE Extra, or 

24 TRICARE Select under chapter 55 of title 10, 

25 United States Code. 


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

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

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

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

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

Æ 


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