I 

109TH CONGRESS 

1ST SESSION H. R. 2046 

To amend the Servicemembers Civil Relief Act to limit premium increases 

on reinstated health insurance on servicemembers who are released from 

active military service, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 3, 2005 

Mr. BUYER (for himself, Mr. EVANS, Mr. BOOZMAN, and Ms. HERSETH) introduced the following bill; which was referred to the Committee on Veterans’ Affairs 

A BILL 

To amend the Servicemembers Civil Relief Act to limit premium increases on reinstated health insurance on 

servicemembers who are released from active military 

service, 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 ‘‘Servicemembers’ 

5 Health Insurance Protection Act of 2005’’. 
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1 SEC. 2. LIMITATION ON PREMIUM INCREASES FOR EM2 PLOYER-PROVIDED REINSTATED HEALTH IN3 SURANCE OF SERVICEMEMBERS RELEASED 

4 FROM ACTIVE MILITARY SERVICE. 

5 (a) PREMIUM PROTECTION.—Section 704 of the 

6 Servicemembers Civil Relief Act (50 U.S.C. App. 594) is 

7 amended by adding at the end the following new sub8 section: 

9 ‘‘(e) LIMITATION ON PREMIUM INCREASES.— 

10 ‘‘(1) PREMIUM PROTECTION.—The amount of 

11 the premium for health insurance coverage that was 

12 terminated by a servicemember and required to be 

13 reinstated under this section may not be increased, 

14 for the balance of the period for which coverage 

15 would have been continued had the coverage not 

16 been terminated, to an amount greater than the 

17 amount chargeable for such coverage before the ter18 mination. 

19 ‘‘(2) INCREASES OF GENERAL APPLICABILITY

20 NOT PRECLUDED.—Paragraph (1) does not prevent 

21 an increase in premium to the extent of any general 

22 increase in the premiums charged by the carrier of 

23 the health care insurance for the same health insur24 ance coverage for persons similarly covered by such 

25 insurance during the period between the termination 

26 and the reinstatement.’’. 
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1 (b) TECHNICAL AMENDMENT.—Subsection (b)(3) of 

2 such section is amended by striking ‘‘if the’’ and inserting 

3 ‘‘in a case in which the’’. 

4 SEC. 3. PRESERVATION OF EMPLOYER-SPONSORED 

5 HEALTH PLAN COVERAGE FOR CERTAIN RE6 SERVE-COMPONENT MEMBERS WHO AC7 QUIRE TRICARE ELIGIBILITY. 

8 (a) CONTINUATION OF COVERAGE.—Subsection 

9 (a)(1) of section 4317 of title 38, United States Code, is 

10 amended by inserting after ‘‘by reason of service in the 

11 uniformed services,’’ the following: ‘‘or such person be12 comes eligible for medical and dental care under chapter 

13 55 of title 10 by reason of subsection (d) of section 1074 

14 of that title,’’. 

15 (b) REINSTATEMENT OF COVERAGE.—Subsection (b) 

16 of such section is amended— 

17 (1) in paragraph (1)— 

18 (A) by inserting after ‘‘by reason of service 

19 in the uniformed services,’’ the following: ‘‘or by 

20 reason of the person’s having become eligible 

21 for medical and dental care under chapter 55 of 

22 title 10 by reason of subsection (d) of section 

23 1074 of that title,’’; and 

24 (B) by inserting ‘‘or eligibility’’ before the 

25 period at the end of the first sentence; and 
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1 (2) by adding at the end the following new 

2 paragraph: 

3 ‘‘(3) In the case of a person whose coverage under 

4 a health plan is terminated by reason of the person having 

5 become eligible for medical and dental care under chapter 

6 55 of title 10 by reason of subsection (d) of section 1074 

7 of that title but who subsequently does not commence a 

8 period of active duty under the order to active duty that 

9 established such eligibility because the order is canceled 

10 before such active duty commences, the provisions of para11 graph (1) relating to any exclusion or waiting period in 

12 connection with the reinstatement of coverage under a 

13 health plan shall apply to such person’s continued employ14 ment, upon the termination of such eligibility for medical 

15 and dental care under chapter 55 of title 10 that is inci16 dent to the cancellation of such order, in the same manner 

17 as if the person had become reemployed upon such termi18 nation of eligibility.’’. 

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