H. R. 1119—183
‘‘(ii) Permanent duty at an educational institution to
instruct, administer a program of instruction, or provide
administrative services in support of a program of instruction
for the Reserve Officers’ Training Corps.
‘‘(iii) Permanent duty as a full-time adviser to a unit of
a reserve component.
‘‘(iv) Any other permanent duty designated by the Secretary
concerned for purposes of this paragraph.’’.
(2) The amendments made by paragraph (1) shall apply with
respect to coverage of medical care for, and the provision of such
care to, a member of the Armed Forces under section 1074(c)
of title 10, United States Code, on and after the later of the
following:
(A) April 1, 1998.
(B) The date on which the TRICARE program is in place
in the service area of the member.
(b) TEMPORARY AUTHORITY FOR MANAGED CARE EXPANSION TO
MEMBERS ON ACTIVE DUTY AT CERTAIN REMOTE LOCATIONS.—(1)
A member of the Armed Forces described in subsection (c) is entitled
to receive care under the Civilian Health and Medical Program
of the Uniformed Services. In connection with such care, the Sec-
retary of Defense shall waive the obligation of the member to
pay a deductible, copayment, or annual fee that would otherwise
be applicable under that program for care provided to the members
under the program.
(2) A member who is entitled under paragraph (1) to receive
health care services under CHAMPUS shall receive such care from
a network provider under the TRICARE program if such a provider
is available in the service area of the member.
(3) Paragraph (1) shall take effect on the date of the enactment
of this Act and shall expire with respect to a member upon the
later of the following:
(A) The date that is one year after the date of the enactment
of this Act.
(B) The date on which the amendments made by subsection
(a) apply with respect to the coverage of medical care for,
and provision of such care to, the member.
(c) ELIGIBLE MEMBERS.—A member referred to in subsection
(b) is a member of the Armed Forces on active duty who—
(1) receives a duty assignment described in subsection (d);
and
(2) pursuant to the assignment of such duty, resides at
a location that is more than 50 miles, or approximately one
hour of driving time, from—
(A) the nearest health care facility of the uniformed
services adequate to provide the needed care under chapter
55 of title 10, United States Code; and
(B) the nearest source of the needed care that is avail-
able to the member under the TRICARE Prime plan.
(d) DUTY ASSIGNMENTS COVERED.—A duty assignment referred
to in subsection (c)(1) means any of the following:
(1) Permanent duty as a recruiter.
(2) Permanent duty at an educational institution to
instruct, administer a program of instruction, or provide
administrative services in support of a program of instruction
for the Reserve Officers’ Training Corps.
H. R. 1119—184
(3) Permanent duty as a full-time adviser to a unit of
a reserve component of the Armed Forces.
(4) Any other permanent duty designated by the Secretary
concerned for purposes of this subsection.
(e) PAYMENT OF COSTS.—Deductibles, copayments, and annual
fees not payable by a member by reason of a waiver granted
under the regulations prescribed pursuant to subsection (b) shall
be paid out of funds available to the Department of Defense for
the Defense Health Program.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘TRICARE program’’ has the meaning given
that term in section 1072(7) of title 10, United States Code.
(2) The term ‘‘TRICARE Prime plan’’ means a plan under
the TRICARE program that provides for the voluntary enroll-
ment of persons for the receipt of health care services to be
furnished in a manner similar to the manner in which health
care services are furnished by health maintenance organiza-
tions.
SEC. 732. WAIVER OR REDUCTION OF COPAYMENTS UNDER OVERSEAS
DENTAL PROGRAM.
Section 1076a(h) of title 10, United States Code, is amended—
(1) in the first sentence, by striking out ‘‘Secretary’’ and
inserting in lieu thereof ‘‘Secretary of Defense’’; and
(2) by adding at the end the following new sentence: ‘‘In
the case of such an overseas dental plan, the Secretary may
waive or reduce the copayments otherwise required by sub-
section (e) to the extent the Secretary determines appropriate
for the effective and efficient operation of the plan.’’.
SEC. 733. PREMIUM COLLECTION REQUIREMENTS FOR MEDICAL AND
DENTAL INSURANCE PROGRAMS; EXTENSION OF DEAD-
LINE FOR IMPLEMENTATION OF DENTAL INSURANCE
PROGRAM FOR MILITARY RETIREES.
(a) PREMIUM COLLECTION FOR SELECTED RESERVE DENTAL
INSURANCE.—Paragraph (3) of section 1076b(b) of title 10, United
States Code, is amended to read as follows:
‘‘(3) The Secretary of Defense shall establish procedures for
the collection of the member’s share of the premium for coverage
by the dental insurance plan. To the maximum extent practicable,
a member’s share shall be deducted and withheld from the basic
pay payable to the member for inactive duty training or basic
pay payable to the member for active duty (if pay is available
to the member). Such share shall be used to pay the premium
for coverage by the dental insurance plan.’’.
(b) PREMIUM COLLECTION FOR RETIREE DENTAL INSURANCE
PLAN.—Paragraph (2) of section 1076c(c) of such title is amended
to read as follows:
‘‘(2) The Secretary of Defense shall establish procedures for
the collection of the premiums charged for coverage by the dental
insurance plan. To the maximum extent practicable, the premiums
payable by a member entitled to retired pay shall be deducted
and withheld from the retired pay of the member (if pay is available
to the member).’’.
(c) REPORT TO CONGRESS.—Not later than March 1, 1998, the
Secretary of Defense shall submit to Congress a report on the
premium collection procedures established pursuant to paragraph
(3) of section 1076b(b) of title 10, United States Code, and paragraph
H. R. 1119—185
(2) of section 1076c(c) of such title. The report shall describe the
extent to which premium collections are made under such para-
graphs through deductions and withholding from pay.
(d) LIMITATION ON IMPLEMENTATION OF ALTERNATIVE COLLEC-
TION PROCEDURES.—The Secretary of Defense may not implement
procedures for collecting premiums under section 1076b(b)(3) of
title 10, United States Code, or section 1076c(c)(2) of such title
other than by deductions and withholding from pay until 120 days
after the date that the Secretary submits a report to Congress
describing the justifications for implementing such alternative
procedures.
(e) EXTENSION OF DEADLINE FOR IMPLEMENTATION OF DENTAL
INSURANCE PLAN FOR MILITARY RETIREES.—Section 703(b) of the
National Defense Authorization Act for Fiscal Year 1997 (Public
Law 104–201; 110 Stat. 2590) is amended by striking ‘‘October
1, 1997’’ and inserting ‘‘April 1, 1998’’.
SEC. 734. DENTAL INSURANCE PLAN COVERAGE FOR RETIREES OF
THE PUBLIC HEALTH SERVICE AND NOAA.
(a) ELIGIBILITY.—(1) Subsection (a) of section 1076c of title
10, United States Code, is amended by striking out ‘‘military retir-
ees’’ and inserting in lieu thereof ‘‘retirees of the uniformed serv-
ices’’.
(2) Subsection (b)(1) of such section is amended by striking
out ‘‘Armed Forces’’ and inserting in lieu thereof ‘‘uniformed serv-
ices’’.
(b) OFFICIALS RESPONSIBLE.—(1) Subsection (a) of such section
(as amended by subsection (a)) is further amended by inserting
‘‘, in consultation with the other administering Secretaries,’’ after
‘‘Secretary of Defense’’.
(2) Subsection (h) of such section is amended by striking out
‘‘Secretary of Transportation’’ and inserting in lieu thereof ‘‘other
administering Secretaries’’.
SEC. 735. CONSISTENCY BETWEEN CHAMPUS AND MEDICARE IN PAY-
MENT RATES FOR SERVICES.
(a) CONFORMITY BETWEEN RATES.—Section 1079(h) of title 10,
United States Code, is amended by striking out paragraphs (1),
(2), and (3) and inserting in lieu thereof the following new para-
graph:
‘‘(1) Except as provided in paragraphs (2) and (3), payment
for a charge for services by an individual health care professional
(or other noninstitutional health care provider) for which a claim
is submitted under a plan contracted for under subsection (a) shall
be equal to an amount determined to be appropriate, to the extent
practicable, in accordance with the same reimbursement rules as
apply to payments for similar services under title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.). The Secretary of
Defense shall determine the appropriate payment amount under
this paragraph in consultation with the other administering Sec-
retaries.’’.
(b) REDUCED RATES AUTHORIZED.—Paragraph (5) of such sec-
tion is amended by adding at the end the following new sentence:
‘‘With the consent of the health care provider, the Secretary is
also authorized to reduce the authorized payment for certain health
care services below the amount otherwise required by the payment
limitations under paragraph (1).’’.
H. R. 1119—186
(c) CONFORMING
AMENDMENTS.—Such section is further
amended—
(1) in paragraph (5), by striking out ‘‘paragraph (4), the
Secretary’’ and inserting in lieu thereof ‘‘paragraph (2), the
Secretary of Defense’’; and
(2) by redesignating paragraphs (4), (5), and (6) as para-
graphs (2), (3), and (4), respectively.
SEC. 736. USE OF PERSONAL SERVICES CONTRACTS FOR PROVISION
OF HEALTH CARE SERVICES AND LEGAL PROTECTION
FOR PROVIDERS.
(a) USE OF CONTRACTS OUTSIDE MEDICAL TREATMENT FACILI-
TIES.—Section 1091(a) of title 10, United States Code, is amended—
(1) by inserting ‘‘(1)’’ before ‘‘The Secretary of Defense’’;
and
(2) by adding at the end the following new paragraph:
‘‘(2) The Secretary of Defense, and the Secretary of Transpor-
tation with respect to the Coast Guard when it is not operating
as a service in the Navy, may also enter into personal services
contracts to carry out other health care responsibilities of the Sec-
retary (such as the provision of medical screening examinations
at Military Entrance Processing Stations) at locations outside medi-
cal treatment facilities, as determined necessary pursuant to regula-
tions prescribed by the Secretary. The Secretary may not enter
into a contract under this paragraph after the end of the one-
year period beginning on the date of the enactment of this para-
graph.’’.
(b) DEFENSE OF SUITS.—Section 1089 of such title is amended—
(1) in subsection (a), by adding at the end the following
new sentence: ‘‘This subsection shall also apply if the physician,
dentist, nurse, pharmacist, or paramedical or other supporting
personnel (or the estate of such person) involved is serving
under a personal services contract entered into under section
1091 of this title.’’; and
(2) in subsection (f)—
(A) by inserting ‘‘(1)’’ after ‘‘(f)’’; and
(B) by adding at the end the following new paragraph:
‘‘(2) With respect to the Secretary of Defense and the Armed
Forces Retirement Home Board, the authority provided by para-
graph (1) also includes the authority to provide for reasonable
attorney’s fees for persons described in subsection (a), as determined
necessary pursuant to regulations prescribed by the head of the
agency concerned.’’.
(c) REPORT.—Not later than March 31, 1998, the Secretary
of Defense shall submit to Congress a report on the feasible alter-
native means for performing the medical screening examinations
that are routinely performed at Military Entrance Processing Sta-
tions. The report shall contain a discussion of the feasibility and
cost of the use of—
(1) the TRICARE system for the performance of the
examinations; and
(2) each other alternative identified in the report.
SEC. 737. PORTABILITY OF STATE LICENSES FOR DEPARTMENT OF
DEFENSE HEALTH CARE PROFESSIONALS.
Section 1094 of title 10, United States Code, is amended—
(1) by redesignating subsection (d) as subsection (e); and