I 
115TH CONGRESS 
1ST SESSION H. R. 4571 
To amend title 10, United States Code, to expand eligibility for the TRICARE 
program to include certain veterans entitled to benefits under the Medi-
care program due to conditions or injuries incurred during service in 
the Armed Forces and to waive the Medicare part B late enrollment 
penalty for such veterans, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 6, 2017 
Mrs. DAVIS of California (for herself, Mr. WILSON of South Carolina, Ms. 
GABBARD, Mr. MAST, and Ms. ROSEN) introduced the following bill; 
which was referred to the Committee on Armed Services, and in addition 
to the Committees on Energy and Commerce, and Ways and Means, 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 com-
mittee concerned 
A BILL 
To amend title 10, United States Code, to expand eligibility 
for the TRICARE program to include certain veterans 
entitled to benefits under the Medicare program due 
to conditions or injuries incurred during service in the 
Armed Forces and to waive the Medicare part B late 
enrollment penalty for such veterans, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fair Access to Insur-
ance for Retired (FAIR) Heroes Act of 2017’’. 
SEC. 2. ELIGIBILITY FOR TRICARE FOR VETERANS ENTI-
TLED TO MEDICARE BENEFITS DUE TO CON-
DITIONS OR INJURIES INCURRED DURING 
SERVICE IN THE ARMED FORCES. 
(a) TRICARE PROVISIONS.— 
(1) IN
GENERAL.—Paragraph (2) of section 
1086(d) of title 10, United States Code, is amend-
ed— 
(A) in subparagraph (A), by striking ‘‘is 
enrolled’’ and inserting ‘‘(i) is enrolled’’; 
(B) by redesignating subparagraph (B) as 
clause (ii); 
(C) in clause (ii), as redesignated by para-
graph (2), by striking the period at the end and 
inserting ‘‘; or’’; and 
(D) by inserting after subparagraph (A) 
the following new subparagraph (B): 
‘‘(B) is a person described in subparagraph 
(A)(ii) who— 
‘‘(i) is retired for disability under chapter 
61 of this title as a result of an injury or condi-
tion suffered during service in the armed forces; 
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‘‘(ii)(I) is entitled to hospital insurance 
benefits under part A of title XVIII of the So-
cial Security Act pursuant to subparagraph (A) 
or (C) of section 226(b)(2) of such Act (42 
U.S.C. 426(b)(2)) and is entitled to a benefit 
described in subparagraph (A) of such section; 
or 
‘‘(II) is entitled to hospital insurance bene-
fits under part A of title XVIII of the Social 
Security Act pursuant to subparagraph (A) or 
(C) of such section and whose entitlement to a 
benefit described in subparagraph (A) of such 
section terminated due to performance of sub-
stantial gainful activity; and 
‘‘(iii) has declined to enroll in the supple-
mentary medical insurance program under part 
B of title XVIII of the Social Security Act (42 
U.S.C. 1395j et seq.).’’. 
(2) ALLOWANCE OF ONE CHANGE OF ENROLL-
MENT.—Such section is further amended by adding 
at the end the following new paragraph: 
‘‘(6)(A) Except as provided in subparagraph (B), 
after the end of the special enrollment period provided 
under section 2(a)(3) of the Fair Access to Insurance for 
Retired (FAIR) Heroes Act of 2017, an individual de-
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scribed in paragraph (2)(B) may switch only once from 
enrollment under the Medicare program under title XVIII 
of the Social Security Act (42 U.S.C. 1395 et seq.) to en-
rollment in a plan contracted for under subsection (a). 
‘‘(B) The limitation under subparagraph (A) does not 
apply to enrollment by an individual in a plan contracted 
for under subsection (a) by reason of termination of the 
entitlement of the individual to a benefit described in sub-
paragraph (A) of section 226(b)(2) of the Social Security 
Act (42 U.S.C. 426(b)(2)) due to the performance of sub-
stantial gainful activity.’’. 
(3) SPECIAL ENROLLMENT PERIOD.— 
(A) IN GENERAL.—The Secretary of De-
fense shall provide for a special enrollment pe-
riod during which an individual described in 
subsection (d)(2)(B) of section 1086 of title 10, 
United States Code, may enroll in a health care 
plan under such section. Such period shall 
begin as soon as possible after the date of the 
enactment of this Act and shall end 12 months 
later. 
(B) COVERAGE PERIOD.—In the case of an 
individual who enrolls during the special enroll-
ment period provided under subparagraph (A), 
the coverage period under section 1086 of title 
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10, United States Code, shall begin on the first 
day of the month following the month in which 
the individual enrolls. 
(4) 
CONFORMING
AMENDMENTS.—Section 
1086(d) of title 10, United States Code, is amend-
ed— 
(A) in paragraph (4)(A), in the matter 
preceding clause (i), by striking ‘‘paragraph 
(2)(B)’’ and inserting ‘‘paragraph (2)(A)(ii)’’; 
and 
(B) in paragraph (5)— 
(i) by striking ‘‘subparagraph (B)’’ 
and inserting ‘‘subparagraph (A)(ii)’’; and 
(ii) by striking ‘‘subparagraph (A)’’ 
and inserting ‘‘subparagraph (A)(i)’’. 
(b) MEDICARE PROVISIONS.— 
(1) WAIVER OF MEDICARE PART B LATE EN-
ROLLMENT PENALTY.— 
(A) IN GENERAL.—Section 1839(b) of the 
Social Security Act (42 U.S.C. 1395r(b)) is 
amended by adding at the end the following 
new sentences: ‘‘No increase in the premium 
shall be effected for a month in the case of an 
individual who demonstrates to the Secretary 
that the individual, with respect to such month, 
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is 
an 
individual 
described 
in 
section 
1086(d)(2)(B) of title 10, United States Code. 
The Secretary of Health and Human Services 
shall consult with the Secretary of Defense in 
identifying individuals described in the previous 
sentence.’’. 
(B) EFFECTIVE
DATE.—The amendment 
made by subparagraph (A) shall apply to pre-
miums for months beginning after the date of 
the enactment of this Act. The Secretary shall 
establish a method for providing rebates of pre-
mium penalties paid for months after the date 
of the enactment of this Act for which a penalty 
does not apply under such amendment but for 
which a penalty was previously collected. 
(2) MEDICARE PART B SPECIAL ENROLLMENT 
PERIOD.— 
(A) IN GENERAL.—In the case of any indi-
vidual who, as of the date of the enactment of 
this Act, is eligible to enroll but is not enrolled 
under part B of title XVIII of the Social Secu-
rity Act and is an individual described in sec-
tion 1086(d)(2)(B) of title 10, United States 
Code, the Secretary of Health and Human 
Services shall provide for a special enrollment 
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