```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4551 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4551

  To restore health care coverage to retired members of the uniformed 
                   services, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 27, 2010

 Mr. Van Hollen (for himself, Mr. Lincoln Diaz-Balart of Florida, Mr. 
    Wolf, Ms. Bordallo, Ms. Shea-Porter, Mr. Bartlett, Mr. Brady of 
Pennsylvania, Mr. Thompson of Mississippi, Mr. Ellison, Mrs. Capps, Mr. 
Neal of Massachusetts, Mr. Boswell, Mr. LoBiondo, Mr. Scott of Georgia, 
   Mr. Delahunt, Mr. McGovern, Mr. Moran of Virginia, Mr. Jones, Mr. 
 Taylor, Mr. Moore of Kansas, Mr. Paul, Ms. Jackson Lee of Texas, Mr. 
 Sestak, Mr. Kagen, Mr. Israel, Mr. Gene Green of Texas, Mr. DeFazio, 
  Mr. Gonzalez, Mr. Hare, Mr. McIntyre, and Mr. Gordon of Tennessee) 
 introduced the following bill; which was referred to the Committee on 
   Armed Services, and in addition to the Committee on Oversight and 
 Government Reform, 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 restore health care coverage to retired members of the uniformed 
                   services, 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 ``Keep Our Promise to America's 
Military Retirees Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) No statutory health care program existed for members of 
        the uniformed services who entered service prior to December 7, 
        1956, and retired after serving a minimum of 20 years.
            (2) Statutes enacted in 1956 allowed those who entered 
        service on or after December 7, 1956, and retired after serving 
        a minimum of 20 years or by reason of a service-connected 
        disability to medical and dental care in any facility of the 
        uniformed services, subject to the availability of space and 
        facilities and the capabilities of the medical and dental 
        staff.
            (3) Recruiters, re-enlistment counselors, and officers at 
        all levels of the uniformed services, and other government 
        officials, as agents of the United States Government, continued 
        to allow members who entered the uniformed services to believe 
        they would be entitled to fully paid lifetime health care upon 
        retirement, despite enactment of statutes in 1956, subsequent 
        statutes, and the issuance of regulations that defined and 
        limited the availability of medical care to retired members of 
        the uniformed services.
            (4) After 5 rounds of base closures between 1988 and 1995 
        and further drawdowns of remaining military medical treatment 
        facilities, access to ``space available'' health care in a 
        military medical treatment facility is difficult for many 
        military retirees and virtually nonexistent for some.
            (5) Although provisions in the Floyd D. Spence National 
        Defense Authorization Act for Fiscal Year 2001 (as enacted into 
        law by Public Law 106-398) extended coverage under the TRICARE 
        program to medicare eligible military retirees age 65 and 
        older, those provisions did not address the health care needs 
        of military retirees under the age of 65.
            (6) The United States should make good on the promises 
        recruiters made in good faith and reestablish high quality 
        health care for all retired members of the uniformed services.

SEC. 3. COVERAGE OF MILITARY RETIREES UNDER THE FEDERAL EMPLOYEES 
              HEALTH BENEFITS PROGRAM.

    (a) Coverage for Retirees and Dependents.--
            (1) Section 1108 of title 10, United States Code, is 
        amended to read as follows:
``Sec. 1108. Health care coverage through Federal Employees Health 
              Benefits program
    ``(a) FEHBP Option.--The Secretary of Defense, after consulting 
with the other administering Secretaries, shall enter into an agreement 
with the Office of Personnel Management to provide coverage to eligible 
beneficiaries described in subsection (b) under the health benefits 
plans offered through the Federal Employees Health Benefits program 
under chapter 89 of title 5.
    ``(b) Eligible Beneficiaries; Coverage.--(1) An eligible 
beneficiary under this subsection is--
            ``(A) a member or former member of the uniformed services 
        described in section 1074(b) of this title;
            ``(B) an individual who is an unremarried former spouse of 
        a member or former member described in section 1072(2)(F) or 
        1072(2)(G);
            ``(C) an individual who is--
                    ``(i) a dependent of a deceased member or former 
                member described in section 1076(b) or 1076(a)(2)(B) of 
                this title or of a member who died while on active duty 
                for a period of more than 30 days; and
                    ``(ii) a member of family as defined in section 
                8901(5) of title 5; or
            ``(D) an individual who is--
                    ``(i) a dependent of a living member or former 
                member described in section 1076(b)(1) of this title; 
                and
                    ``(ii) a member of family as defined in section 
                8901(5) of title 5.
    ``(2) Eligible beneficiaries may enroll in a Federal Employees 
Health Benefit plan under chapter 89 of title 5 under this section for 
self-only coverage or for self and family coverage which includes any 
dependent of the member or former member who is a family member for 
purposes of such chapter.
    ``(3) A person eligible for coverage under this subsection shall 
not be required to satisfy any eligibility criteria specified in 
chapter 89 of title 5 (except as provided in paragraph (1)(C) or 
(1)(D)) as a condition for enrollment in health benefits plans offered 
through the Federal Employees Health Benefits program under this 
section.
    ``(4) For purposes of determining whether an individual is a member 
of family under paragraph (5) of section 8901 of title 5 for purposes 
of paragraph (1)(C) or (1)(D), a member or former member described in 
section 1076(b) or 1076(a)(2)(B) of this title shall be deemed to be an 
employee under such section.
    ``(5) An eligible beneficiary who enrolls in the Federal Employees 
Health Benefits program under this section shall not be eligible to 
receive health care under section 1086 or section 1097. Such a 
beneficiary may continue to receive health care in a military medical 
treatment facility, in which case the treatment facility shall be 
reimbursed by the Federal Employees Health Benefits program for health 
care services or drugs received by the beneficiary.
    ``(c) Change of Health Benefits Plan.--An eligible beneficiary 
enrolled in a Federal Employees Health Benefits plan under this section 
may change health benefits plans and coverage in the same manner as any 
other Federal Employees Health Benefits program beneficiary may change 
such plans.
    ``(d) Government Contributions.--The amount of the Government 
contribution for an eligible beneficiary who enrolls in a health 
benefits plan under chapter 89 of title 5 in accordance with this 
section may not exceed the amount of the Government contribution which 
would be payable if the electing beneficiary were an employee (as 
defined for purposes of such chapter) enrolled in the same health 
benefits plan and level of benefits.
    ``(e) Separate Risk Pools.--The Director of the Office of Personnel 
Management shall require health benefits plans under chapter 89 of 
title 5 to maintain a separate risk pool for purposes of establishing 
premium rates for eligible beneficiaries who enroll in such a plan in 
accordance with this section.
    ``(f) Reimbursement for Expenses for Health Care Services Normally 
Provided by the Department of Defense Under TRICARE Standard.--The 
Secretary of Defense shall develop and implement a system to reimburse 
an eligible beneficiary who enrolls in a health benefits plan under 
chapter 89 of title 5 in accordance with this section for health care 
costs incurred by the beneficiary that are not paid under the health 
benefits plan but would have been paid by the Department of Defense 
under TRICARE Standard.''.
    (2) The item relating to section 1108 at the beginning of such 
chapter is amended to read as follows:

``1108. Health care coverage through Federal Employees Health Benefits 
                            program.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2010.

SEC. 4. REIMBURSEMENT FOR TRICARE PHARMACY BENEFITS AT TRICARE NETWORK 
              PHARMACY LEVELS TO CERTAIN MILITARY RETIREES AND 
              DEPENDENTS IN HARDSHIP CASES.

    (a) In General.--In the case of an eligible person who has a 
certification described in subsection (b), the Secretary shall 
reimburse such person for pharmacy benefits received from a pharmacy 
that is not a TRICARE network pharmacy in the same manner and in the 
same amounts as the Secretary would reimburse such person for such 
benefits received from a pharmacy that is a TRICARE network pharmacy.
    (b) Certification.--The certification referred to in subsection (a) 
is a certification from an eligible person's physician--
            (1) stating that the person does not have access to a 
        TRICARE network pharmacy due to physical or medical 
        constraints; and
            (2) meeting such other criteria as the Secretary of Defense 
        considers appropriate.
    (c) Eligible Person.--In this section, an eligible person is an 
eligible beneficiary as described in section 1108(b) of title 10, 
United States Code, who has another insurance plan or program that 
provides primary coverage for health benefits.
                                 <all>
```