I 

114TH CONGRESS 

2D SESSION H. R. 5458 

To provide for coordination between the TRICARE program and eligibility 

for making contributions to a health savings account, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 13, 2016 

Mr. STEWART introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Armed 

Services, 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 provide for coordination between the TRICARE program 

and eligibility for making contributions to a health savings account, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Veterans TRICARE 

5 Choice Act’’. 


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1 SEC. 2. COORDINATION BETWEEN TRICARE PROGRAM AND 

2 ELIGIBILITY TO MAKE CONTRIBUTIONS TO 

3 HEALTH SAVINGS ACCOUNTS. 

4 (a) IN GENERAL.—Section 223(c)(1)(B) of the Inter5 nal Revenue Code of 1986 is amended by striking ‘‘and’’ 

6 at the end of clause (ii), by striking the period at the end 

7 of clause (iii) and inserting ‘‘, and’’, and by adding at the 

8 end the following new clause: 

9 ‘‘(iv) coverage under the TRICARE 

10 program under chapter 55 of title 10, 

11 United States Code, for any period with 

12 respect to which an election is in effect 

13 under section 1097e of such title providing 

14 that the individual is ineligible to be en15 rolled in (and receive benefits under) such 

16 program.’’. 

17 (b) PROVISIONS RELATING TO ELECTION OF INELI18 GIBILITY UNDER TRICARE.— 

19 (1) IN GENERAL.—Chapter 55 of title 10, 

20 United States Code, is amended by inserting after 

21 section 1097d the following new section: 

22 ‘‘§ 1097e. TRICARE program: election of eligibility 

23 ‘‘(a) ELECTION.—Beginning January 1, 2017, a 

24 TRICARE-eligible individual may elect at any time to be 

25 ineligible to enroll in (and receive any benefits under) the 

26 TRICARE program. 


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1 ‘‘(b) CHANGE OF ELECTION.—(1) If a TRICARE-eli2 gible individual makes an election under subsection (a), 

3 the TRICARE-eligible individual may later elect to be eli4 gible to enroll in the TRICARE program. An election 

5 made under this subsection may be made only during a 

6 special enrollment period. 

7 ‘‘(2) The Secretary shall ensure that a TRICARE8 eligible individual who makes an election under subsection 

9 (a) may efficiently enroll in the TRICARE program pur10 suant to an election under paragraph (1), including by 

11 maintaining the individual, as appropriate, in the health 

12 care enrollment system under section 1099 of this title in 

13 an inactive manner. 

14 ‘‘(c) PERIOD OF ELECTION.—If a TRICARE-eligible 

15 individual makes an election under subsection (a), such 

16 election shall be in effect beginning on the date of such 

17 election and ending on the date that such individual makes 

18 an election under subsection (b)(1) to enroll in the 

19 TRICARE program. 

20 ‘‘(d) HEALTH SAVINGS ACCOUNT PARTICIPATION.— 

21 (1) For provisions allowing participation in a health sav22 ings account in connection with coverage under a high de23 ductible health plan during the period that the election 

24 under subsection (a) is in effect, see section 

25 223(c)(1)(B)(iv) of the Internal Revenue Code of 1986. 


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1 ‘‘(2) The Secretary shall submit to the Commissioner 

2 of Internal Revenue the name of, and any other informa3 tion that the Commissioner may require with respect to, 

4 each TRICARE-eligible individual who makes an election 

5 under subsection (a) or (b), not later than 90 days after 

6 such election, for purposes of determining the eligibility 

7 of such TRICARE-eligible individual for a health savings 

8 account described in paragraph (1). 

9 ‘‘(e) RECORDS.—The Secretary shall ensure that a 

10 TRICARE-eligible individual who makes an election under 

11 subsection (a) is maintained on the Defense Enrollment 

12 Eligibility Reporting System, or successor system, regard13 less of whether the individual is eligible for the TRICARE 

14 program during the period of such election. 

15 ‘‘(f) PROVISION OF INFORMATION.—The Secretary 

16 shall provide to each TRICARE-eligible individual who 

17 seeks to make an election under subsection (a) information 

18 regarding— 

19 ‘‘(1) health savings accounts in connection with 

20 coverage under a high deductible health plan de21 scribed in subsection (d)(1), including a comparison 

22 of such health saving accounts and the health care 

23 benefits the individual is eligible to receive under the 

24 TRICARE program; and 


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1 ‘‘(2) changing such an election under subsection 

2 (b)(1). 

3 ‘‘(g) ANNUAL REPORT.—Not later than 60 days after 

4 the end of each fiscal year, the Secretary shall submit to 

5 the congressional defense committees a report on elections 

6 by TRICARE-eligible individuals under this section that 

7 includes the following: 

8 ‘‘(1) The number of TRICARE-eligible individ9 uals, as of the date of the submittal of the report, 

10 who are ineligible to enroll in (and receive any bene11 fits under) the TRICARE program pursuant to an 

12 election under subsection (a). 

13 ‘‘(2) The number of TRICARE-eligible individ14 uals who made an election described under sub15 section (a) but, as of the date of the submittal of the 

16 report, are enrolled in the TRICARE program pur17 suant to a change of election under subsection (b). 

18 ‘‘(h) DEFINITIONS.—In this section: 

19 ‘‘(1) The term ‘TRICARE-eligible individual’ 

20 means an individual who is— 

21 ‘‘(A) eligible to be a covered beneficiary en22 titled to health care benefits under the 

23 TRICARE program (determined without regard 

24 to this section); and 


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1 ‘‘(B) not serving on active duty in the uni2 formed services. 

3 ‘‘(2) The term ‘special enrollment period’ means 

4 the period in which a beneficiary under the Federal 

5 Employees Health Benefits program under chapter 

6 89 of title 5 may enroll in or change a plan under 

7 such program by reason of a qualifying event or dur8 ing an open enrollment season. For purposes of this 

9 section, such qualifying events shall also include 

10 events determined appropriate by the Secretary of 

11 Defense, including events relating to a member of 

12 the armed forces being ordered to active duty.’’. 

13 (2) CONFORMING AMENDMENT.—The table of 

14 sections at the beginning of chapter 55 of such title 

15 is amended by inserting after the item relating to 

16 section 1097d the following new item: 

‘‘1097e. TRICARE program: election of eligibility.’’. 

17 (c) EFFECTIVE DATE.—The amendments made by 

18 subsection (a) shall apply to months beginning after De19 cember 31, 2016. 

Æ 


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