I 

113TH CONGRESS 

2D SESSION H. R. 4682 

To provide for coordination between the TRICARE program and eligibility 

for making contributions to a health savings account. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 20, 2014 

Mr. STEWART (for himself and Ms. GABBARD) 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. 

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 1097d 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 1097c the following new section: 

22 ‘‘§ 1097d. TRICARE program: Election of eligibility 

23 ‘‘(a) ELECTION.—A TRICARE-eligible individual 

24 may elect at any time to be ineligible to enroll in (and 

25 receive any benefits under) the TRICARE program. 


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

3 (a), the TRICARE-eligible individual may later elect to 

4 be eligible 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 described in sub9 section (a) may efficiently enroll in the TRICARE pro10 gram pursuant to an election under paragraph (1), includ11 ing by maintaining the individual, as appropriate, in the 

12 health care enrollment system under section 1099 of this 

13 title in an inactive manner. 

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

15 individual makes an election described in subsection (a), 

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

17 such election and ending on the date that such individual 

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

19 TRICARE program. 

20 ‘‘(d) CROSS REFERENCE RELATING TO HEALTH

21 SAVINGS ACCOUNT PARTICIPATION.—For provision allow22 ing participation in a health savings account in connection 

23 with coverage under a high deductible health plan during 

24 the period that the election under subsection (a) is in efVerDate Mar 15 2010 02:13 May 28, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4682.IH H4682

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1 fect, see section 223(c)(1)(B)(iv) of the Internal Revenue 

2 Code of 1986. 

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

4 TRICARE-eligible individual who makes an election de5 scribed in subsection (a) is maintained on the Defense En6 rollment Eligibility Reporting System, or successor sys7 tem, regardless of whether the individual is eligible for the 

8 TRICARE program during the period of such election. 

9 ‘‘(f) DEFINITIONS.—In this section: 

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

11 means an individual who is eligible to be a covered 

12 beneficiary entitled to health care benefits under the 

13 TRICARE program (determined without regard to 

14 this section). 

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

16 the period in which a beneficiary under the Federal 

17 Employees Health Benefits program under chapter 

18 89 of title 5 may enroll in or change a plan under 

19 such program by reason of a qualifying event or dur20 ing an open enrollment season. For purposes of this 

21 section, such qualifying events shall also include 

22 events determined appropriate by the Secretary of 

23 Defense, including events relating to a member of 

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


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1 (2) CONFORMING AMENDMENT.—The table of 

2 sections at the beginning of such chapter is amended 

3 by inserting after the item relating to section 1097c 

4 the following new item: 

‘‘1097d. TRICARE program: Election of eligibility.’’. 

Æ 


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