I 

112TH CONGRESS 

1ST SESSION H. R. 1092 

To amend title 10, United States Code, to prohibit certain increases in 

fees for military health care. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 15, 2011 

Mr. JONES (for himself and Mr. BOREN) introduced the following bill; which 

was referred to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to prohibit certain 

increases in fees for military health care. 

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 ‘‘Military Retirees 

5 Health Care Protection Act’’. 

6 SEC. 2. FINDINGS AND SENSE OF CONGRESS. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) Career uniformed service members and their 

9 families endure unique and extraordinary demands 


jbell on DSKDVH8Z91PROD with BILLS
2 

•HR 1092 IH

1 and sacrifices during the course of a decades-long 

2 career protecting freedoms for all Americans. 

3 (2) The extent of these demands and sacrifices 

4 is never so evident as in wartime, not only in today’s 

5 Global War on Terrorism, but also during the last 

6 6 decades of hot and cold wars when today’s retired 

7 service members were on continuous call to enter 

8 into harm’s way when and as needed. 

9 (3) The demands and sacrifices are such that 

10 few Americans are willing to accept them for a 

11 multi-decade career. 

12 (4) The primary offset for enduring the ex13 traordinary sacrifices inherent in a military career is 

14 a system of extraordinary retirement benefits, in15 cluding health care coverage considerably better than 

16 that afforded civilian workers, that a grateful Nation 

17 provides for those who choose to subordinate much 

18 of their personal life to the national interest for so 

19 many years. 

20 (5) Many private sector firms are curtailing 

21 health benefits and shifting significantly higher costs 

22 to their employees. 

23 (6) One effect of such curtailment is that re24 tired service members who work for such employers 


jbell on DSKDVH8Z91PROD with BILLS
3 

•HR 1092 IH

1 increasingly depend on the TRICARE coverage they 

2 earned by their military service. 

3 (7) While the Department of Defense has made 

4 some efforts to constrain TRICARE program costs, 

5 a large part of the Department’s effort has been 

6 aimed at shifting a larger share of cost burdens to 

7 retired service members. 

8 (8) The beneficiary cost increases proposed by 

9 the Department of Defense fail to recognize ade10 quately that career service members paid enormous 

11 in-kind premiums through their extended service and 

12 sacrifice. 

13 (9) A significant share of the Nation’s health 

14 care providers refuse to accept new TRICARE pa15 tients because TRICARE pays them significantly 

16 less than commercial insurance programs and im17 poses unique administrative requirements. 

18 (10) The Department of Defense has chosen to 

19 count the accrual deposit to the Department of De20 fense Medicare-Eligible Retiree Health Care Fund 

21 against the budget of the Department of Defense, 

22 contrary to the amendments made by section 725 of 

23 Public Law 108–375. 

24 (11) Leaders of the Department of Defense 

25 have reported to Congress that counting such deposVerDate Mar 15 2010 05:41 Mar 16, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1092.IH H1092

jbell on DSKDVH8Z91PROD with BILLS
4 

•HR 1092 IH

1 its against the budget of the Department of Defense 

2 is impinging on other readiness needs, including 

3 weapons programs, an inappropriate situation which 

4 section 725 of Public Law 108–375 was intended ex5 pressly to prevent. 

6 (b) SENSE OF CONGRESS.—It is the sense of Con7 gress that— 

8 (1) the Department of Defense and the Nation 

9 have a committed health benefits obligation to re10 tired uniformed service members that exceeds the 

11 obligation of corporate employers to civilian employ12 ees; and 

13 (2) the Department of Defense has many addi14 tional options to constrain the growth of health care 

15 spending in ways that do not disadvantage bene16 ficiaries and should pursue any and all such options 

17 rather than seeking large fee increases for bene18 ficiaries. 

19 SEC. 3. PROHIBITION ON INCREASES OF CERTAIN HEALTH 

20 COSTS AND RESTRICTIONS ON HEALTH BEN21 EFIT ADJUSTMENTS FOR MEMBERS AND RE22 TIREES OF THE UNIFORMED SERVICES AND 

23 THEIR DEPENDENTS. 

24 (a) PROHIBITION ON INCREASE IN CHARGES UNDER

25 CONTRACTS FOR MEDICAL CARE.—Section 1097(e) of 


jbell on DSKDVH8Z91PROD with BILLS
5 

•HR 1092 IH

1 title 10, United States Code, is amended in the last sen2 tence— 

3 (1) by striking ‘‘during the period beginning 

4 on’’ and inserting ‘‘after’’; and 

5 (2) by striking ‘‘, and ending on September 30, 

6 2011’’. 

7 (b) PROHIBITION ON INCREASE IN AMOUNT OF COST

8 SHARING REQUIREMENT UNDER PHARMACY BENEFITS

9 PROGRAM.—Section 1074g(a)(6)(A) of title 10, United 

10 States Code, is amended by adding at the end the fol11 lowing: ‘‘After September 30, 2011, the dollar amount of 

12 a cost sharing requirement (whether established as a per13 centage or a fixed dollar amount) may not be increased.’’. 

14 (c) PROHIBITION ON INCREASE IN CHARGES FOR IN15 PATIENT CARE.—Section 1086(b)(3) of title 10, United 

16 States Code, is amended by striking ‘‘during the period 

17 beginning on April 1, 2006, and ending on September 30, 

18 2011’’. 

19 (d) PROHIBITION ON INCREASE IN PREMIUMS

20 UNDER TRICARE COVERAGE FOR CERTAIN MEMBERS

21 IN THE SELECTED RESERVE.—Section 1076d(d)(3) of 

22 title 10, United States Code, is amended to read as fol23 lows: 

24 ‘‘(3) Beginning on October 1, 2011, the month25 ly amount of the premium for TRICARE Standard 


jbell on DSKDVH8Z91PROD with BILLS
6 

•HR 1092 IH

1 coverage under this section may not be increased to 

2 be more than the amount in effect for the month of 

3 September 2011.’’. 

4 (e) PROHIBITION ON INCREASE IN PREMIUMS

5 UNDER TRICARE COVERAGE FOR CERTAIN MEMBERS

6 OF THE RETIRED RESERVE.—Section 1076e(d) of title 

7 10, United States Code, is amended by adding at the end 

8 the following new paragraph: 

9 ‘‘(6) Beginning on October 1, 2011, the monthly 

10 amount of the premium for TRICARE Standard coverage 

11 under this section may not be increased to be more than 

12 the amount in effect for the month of September 2011.’’. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS