HEARTS Act

To amend title 10, United States Code, to provide for the eligibility of certain former members of the Armed Forces who are medically retired and who are entitled to hospital insurance benefits under Medicare part A by reason of previous entitlement to social security disability insurance benefits to enroll in the TRICARE program regardless of whether such members decline enrollment under Medicare part B, and for other purposes. 1. Short title This Act may be cited as the Health Equity and Access for Returning Troops and Servicemembers Act HEARTS Act 2. Modification of requirement for certain former members of the Armed Forces to enroll in Medicare Part B to be eligible for TRICARE for Life (a) TRICARE eligibility (1) In general Subsection (d) of section 1086 of title 10, United States Code, is amended by adding at the end the following new paragraph: (6) (A) The requirement in paragraph (2)(A) to enroll in the supplementary medical insurance program under part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395j 42 U.S.C. 426(b)(2) (B) A person described in this subparagraph is a person— (i) who is under 65 years of age; (ii) who is entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act pursuant to subparagraph (A) or (C) of section 226(b)(2) of such Act ( 42 U.S.C. 426(b)(2) (iii) whose entitlement to a benefit described in subparagraph (A) of such section has terminated due to performance of substantial gainful activity; and (iv) who is retired under chapter 61 of this title. (C) The Secretary of Defense shall coordinate with the Secretary of Health and Human Services to notify persons described in subparagraph (B) of, and provide information and counseling regarding, the effects of not enrolling in the supplementary medical insurance program under part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395j . (2) Conforming amendment Paragraph (2)(A) of such subsection is amended by striking is enrolled except as provided by paragraph (6), is enrolled (3) Identification of persons Section 1110a of such title is amended by adding at the end the following new subsection: (c) Certain individuals not required To enroll in Medicare Part B In carrying out subsection (a), the Secretary of Defense shall coordinate with the Secretary of Health and Human Services and the Commissioner of Social Security to— (1) identify persons described in subparagraph (B) of section 1086(d)(6) of this title; and (2) provide information and counseling pursuant to subparagraph (C) of such section. . (b) Non-Application of Medicare part B late enrollment penalty Section 1839(b) of the Social Security Act ( 42 U.S.C. 1395r(b) or months for which the individual can demonstrate that the individual is an individual described in paragraph (6)(B) of section 1086(d) of title 10, United States Code, who is enrolled in the TRICARE program pursuant to such section an individual described in section 1837(k)(3) (c) Report (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Defense, the Secretary of Health and Human Services, and the Commissioner of Social Security shall jointly submit to the Committee on Armed Services and the Committee on Finance of the Senate and the Committee on Armed Services and the Committee on Ways and Means of the House of Representatives a report on the implementation of section 1086(d)(6) of title 10, United States Code, as added by subsection (a). (2) Elements The report required by paragraph (1) shall include, with respect to the period covered by the report— (A) the number of individuals enrolled in TRICARE for Life (as defined in section 1072 of title 10, United States Code) who are not enrolled in the supplementary medical insurance program under part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395j (B) the number of individuals who— (i) are retired from the Armed Forces under chapter 61 of such title; (ii) are entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act pursuant to receiving benefits for 24 months as described in subparagraph (A) or (C) of section 226(b)(2) of such Act ( 42 U.S.C. 426(b)(2) (iii) because of such entitlement, are no longer enrolled in TRICARE Standard, TRICARE Prime, TRICARE Extra, or TRICARE Select (as those terms are defined in section 1072 of title 10, United States Code) under chapter 55 (d) Application The amendments made by this section shall apply with respect to a person who, on or after the date of the enactment of this Act, is a person described in section 1086(d)(6)(B) of title 10, United States Code, as added by subsection (a).

Summary: Health Equity and Access for Returning Troops and Servicemembers Act or the HEARTS Act This bill extends TRICARE eligibility to certain former members of the Armed Forces regardless of whether they enroll (as required under current law) in Medicare's supplementary medical insurance program. Specifically, the bill applies to former members who are: (1) younger than 65 years of age, (2) medically retired from the Armed Forces, and (3) entitled to Medicare hospital insurance benefits on the basis of their former entitlement to disability insurance benefits under the Social Security Act. Furthermore, these former members shall not be subject to late-enrollment penalties under Medicare's supplemental medical insurance program. The Department of Defense must coordinate with the Department of Health and Human Services to: (1) identify former members to which the bill applies, (2) counsel those former members on the effects of declining to enroll in Medicare's supplemental medical insurance program, and (3) report to Congress on specified issues related to the bill's implementation.