I 

111TH CONGRESS 

1ST SESSION H. R. 816 

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

fees for military health care. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 3, 2009 

Mr. EDWARDS of Texas (for himself and Mr. JONES) 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 


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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 


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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 significant majority of the savings 

19 that the Department of Defense associates with the 

20 proposed fee increases is expected to come from de21 terring a large portion of TRICARE beneficiaries 

22 from using their earned military health benefits. 

23 (11) The Department of Defense has chosen to 

24 count the accrual deposit to the Department of De25 fense Medicare-Eligible Retiree Health Care Fund 


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1 against the budget of the Department of Defense, 

2 contrary to the amendments made by section 725 of 

3 Public Law 108–375. 

4 (12) Leaders of the Department of Defense 

5 have reported to Congress that counting such depos6 its against the budget of the Department of Defense 

7 is impinging on other readiness needs, including 

8 weapons programs, an inappropriate situation which 

9 section 725 of Public Law 108–375 was intended ex10 pressly to prevent. 

11 (b) SENSE OF CONGRESS.—It is the sense of Con12 gress that— 

13 (1) the Department of Defense and the Nation 

14 have a committed health benefits obligation to re15 tired uniformed service members that exceeds the 

16 obligation of corporate employers to civilian employ17 ees; and 

18 (2) the Department of Defense has many addi19 tional options to constrain the growth of health care 

20 spending in ways that do not disadvantage bene21 ficiaries and should pursue any and all such options 

22 rather than seeking large fee increases for bene23 ficiaries. 


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1 SEC. 3. PROHIBITION ON INCREASES IN CERTAIN HEALTH 

2 COSTS AND RESTRICTIONS ON HEALTH BEN3 EFIT ADJUSTMENTS FOR MEMBERS OF THE 

4 UNIFORMED SERVICES. 

5 (a) PROHIBITION ON INCREASE IN CHARGES UNDER

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

7 title 10, United States Code, is amended in the last sen8 tence— 

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

10 on’’ and inserting ‘‘after’’; and 

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

12 2009’’. 

13 (b) PROHIBITION ON INCREASE IN AMOUNT OF COST

14 SHARING REQUIREMENT UNDER PHARMACY BENEFITS

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

16 States Code, is amended by adding at the end the fol17 lowing: ‘‘After September 30, 2009, the dollar amount of 

18 a cost sharing requirement (whether established as a per19 centage or a fixed dollar amount) may not be increased.’’. 

20 (c) PROHIBITION ON INCREASE IN CHARGES FOR IN21 PATIENT CARE.—Section 1086(b)(3) of title 10, United 

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

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

24 2009’’. 

25 (d) PROHIBITION ON INCREASE IN PREMIUMS

26 UNDER TRICARE COVERAGE FOR CERTAIN MEMBERS


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

2 title 10, United States Code, is amended to read as fol3 lows: 

4 ‘‘(3) Beginning on January 1, 2009, the month5 ly amount of the premium for TRICARE Standard 

6 coverage under this section may not be increased 

7 above the amount in effect for the month of Sep8 tember 2008.’’. 

Æ 


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