I
106TH CONGRESS
1ST SESSION
H. R. 205
To amend title 10, United States Code, to permit covered beneficiaries under
the military health care system who are also entitled to Medicare to
enroll in the Federal Employees Health Benefits program.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 6, 1999
Mr. MORAN of Virginia (for himself, and Mr. CUNNINGHAM) introduced the
following bill; which was referred to the Committee on Armed Services,
and in addition to the Committee on Government Reform, for a period
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
A BILL
To amend title 10, United States Code, to permit covered
beneficiaries under the military health care system who
are also entitled to Medicare to enroll in the Federal
Employees Health Benefits program.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Health Care Commit-
ment Act’’.
HR 205 IH
SEC. 2. INCLUSION OF MEDICARE-ELIGIBLE COVERED
BENEFICIARIES 
IN 
FEDERAL 
EMPLOYEES
HEALTH BENEFITS PROGRAM.
(a) FEHBP OPTION.—(1) Chapter 55 of title 10,
United States Code, is amended by adding at the end the
following new section:
‘‘§ 1107. Health care coverage through Federal Em-
ployees Health Benefits program
‘‘(a) FEHBP OPTION.—The Secretary of Defense,
after consulting with the other administering Secretaries,
shall enter into an agreement with the Office of Personnel
Management under which a Medicare-eligible covered ben-
eficiary described in subsection (b) will be offered an op-
portunity to enroll in a health benefits plan offered
through the Federal Employee Health Benefits program
under chapter 89 of title 5, in addition to receiving health
care services under this chapter through a treatment facil-
ity of the uniformed services, the Civilian Health and Med-
ical Program of the Uniformed Services, or the TRICARE
program. The agreement may provide for limitations on
enrollment of Medicare-eligible covered beneficiaries in the
Federal Employee Health Benefits program if the Office
of Personnel Management determines the limitations are
necessary to allow for adequate planning for access for
services under the Federal Employee Health Benefits pro-
gram.
HR 205 IH
member, the authority that is, or would be, responsible
for approving retired or retainer pay or equivalent pay for
the member or former member shall manage the participa-
tion of the enrolled dependent in a health benefits plan
offered through the Federal Employee Health Benefits
program under subsection (a). The Office of Personnel
Management shall maintain separate risk pools for en-
rolled covered beneficiaries until such time as the Director
of the Office of Personnel Management determines that
complete inclusion of enrolled covered beneficiaries under
chapter 89 of title 5 will not adversely affect Federal em-
ployees and annuitants enrolled in health benefits plans
under such chapter.
‘‘(f) EFFECT OF CANCELLATION.—The cancellation
by a Medicare-eligible covered beneficiary of coverage
under the Federal Employee Health Benefits program
shall be irrevocable for purposes of this section.
‘‘(g) REPORTING REQUIREMENTS.—Not later than
November 1 of each year, the administering Secretaries
and the Director of the Office of Personnel Management
shall jointly submit a report to Congress describing the
provision of health care services to Medicare-eligible cov-
ered beneficiaries under this section during the preceding
fiscal year. The report shall address or contain the follow-
ing:
HR 205 IH
‘‘(1) The number of Medicare-eligible covered
beneficiaries enrolled in health benefits plans offered
through the Federal Employee Health Benefits pro-
gram pursuant to subsection (a), both in terms of
total number and as a percentage of all Medicare-
eligible covered beneficiaries receiving health care
through the health care system of the uniformed
services.
‘‘(2) The out-of-pocket cost to enrolled covered
beneficiaries under such health benefits plans.
‘‘(3) The cost to the Government (including the
Department of Defense, the Department of Trans-
portation, and the Department of Health and
Human Services) of providing care under such
health benefits plans as a result of this section.
‘‘(4) A comparison of the costs determined
under paragraphs (2) and (3) and the costs that
would have otherwise been incurred by the Govern-
ment and enrolled covered beneficiaries under alter-
native health care options available to the admin-
istering Secretaries.
‘‘(5) The effect of this section on the cost, ac-
cess, and utilization rates of other health care op-
tions under the health care system of the uniformed
services.
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‘‘(h) TIME FOR OPTION.—The Secretary of Defense
shall begin to offer the health benefits option under sub-
section (a) not later than January 1, 2000.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘1107. Health care coverage through Federal Employees Health Benefits pro-
gram.’’.
(b) CONFORMING AMENDMENTS.—Chapter 89 of
title 5, United States Code, is amended—
(1) in section 8905—
(A) 
by 
redesignating 
subsections 
(d)
through (f) as subsections (e) through (g), re-
spectively; and
(B) by inserting after subsection (c) the
following new subsection:
‘‘(d) An individual whom an administering Secretary
described in section 1073 of title 10 determines is a medi-
care-eligible covered beneficiary under subsection (b) of
section 1107 of such title may enroll in a health benefits
plan under this chapter in accordance with the agreement
entered into under subsection (a) of such section between
the Secretary of Defense and the Office and in accordance
with applicable regulations under this chapter.’’;
(2) in section 8906(b)—
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(A) in paragraph (1), by striking ‘‘para-
graphs (2) and (3)’’ and inserting in lieu there-
of ‘‘paragraphs (2), (3), and (4)’’; and
(B) by adding at the end the following new
paragraph:
‘‘(4) In the case of individuals who enroll in a health
plan in accordance with section 8905(d) of this title, the
Government contribution shall be determined under sec-
tion 1107(d) of title 10.’’; and
(3) in section 8906(g)—
(A) in paragraph (1), by striking ‘‘para-
graph (2)’’ and inserting in lieu thereof ‘‘para-
graphs (2) and (3)’’; and
(B) by adding at the end the following new
paragraph:
‘‘(3) The Government contribution described in sub-
section (b)(4) for beneficiaries who enroll in accordance
with section 8905(d) of this title shall be paid as provided
in section 1107(d) of title 10.’’.
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