I
108TH CONGRESS
1ST SESSION
H. R. 2197
To amend title 10, United States Code, to provide for Department of Defense
funding of continuation of health benefits plan coverage for certain
Reserves called or ordered to active duty and their dependents, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 21, 2003
Mr. RYAN of Ohio (for himself, Mr. ACEVEDO-VILA´, Mr. BOUCHER, Mr.
CAPUANO, Mrs. CHRISTENSEN, Mr. HINCHEY, Mr. HOLDEN, Mr. KEN-
NEDY of Rhode Island, Mr. KILDEE, Ms. KILPATRICK, Mr. MCGOVERN,
Mr. PAYNE, Mr. RUPPERSBERGER, Mr. SANDERS, Mr. STRICKLAND, and
Mr. WAXMAN) introduced the following bill; which was referred to the
Committee on Armed Services, and in addition to the Committees on En-
ergy and Commerce, Education and the Workforce, 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 jurisdic-
tion of the committee concerned
A BILL
To amend title 10, United States Code, to provide for De-
partment of Defense funding of continuation of health
benefits plan coverage for certain Reserves called or or-
dered to active duty and their dependents, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. DEPARTMENT OF DEFENSE PAYMENT FOR
CONTINUATION OF NON-TRICARE HEALTH
BENEFITS COVERAGE FOR CERTAIN MOBI-
LIZED RESERVES.
(a) PAYMENT OF PREMIUMS.—
(1) REQUIREMENT TO PAY PREMIUMS.—Chap-
ter 55 of title 10, United States Code, is amended
by inserting after section 1078a the following new
section:
‘‘§ 1078b. Continuation of non-TRICARE health bene-
fits plan coverage for certain Reserves
called or ordered to active duty and their
dependents
‘‘(a) PAYMENT OF PREMIUMS.—The Secretary con-
cerned shall pay the applicable premium to continue in
force any qualified health benefits plan coverage for an
eligible reserve component member for the benefits cov-
erage continuation period if timely elected by the member
in accordance with regulations prescribed under sub-
section (h).
‘‘(b) ELIGIBLE MEMBER.—A member of a reserve
component who is called or ordered to active duty for a
period of more than 30 days under a provision of law re-
ferred to in section 101(a)(13)(B) of this title is eligible
for payment of the applicable premium for continuation
of qualified health benefits plan coverage under subsection
(a).
‘‘(c) QUALIFIED HEALTH BENEFITS PLAN COV-
ERAGE.—For the purposes of this section, health benefits
plan coverage for a member called or ordered to active
duty is qualified health benefits plan coverage if—
‘‘(1) the coverage was in force on the date on
which the Secretary notified the member that
issuance of the call or order was pending or, if no
such notification was provided, the date of the call
or order; and
‘‘(2) on that date, the coverage applied to the
member and dependents of the member.
‘‘(d) APPLICABLE PREMIUM.—The applicable pre-
mium payable under this section for continuation of health
benefits plan coverage in the case of a member is the
amount of the premium payable by the member for the
coverage of the member and dependents.
‘‘(e) BENEFITS
COVERAGE
CONTINUATION
PE-
RIOD.—The benefits coverage continuation period under
this section for qualified health benefits plan coverage in
the case of a member called or ordered to active duty is
the period that—
‘‘(1) begins on the date of the call or order; and
‘‘(2) ends on the earlier of the date on which—
‘‘(A) the member’s eligibility for transi-
tional health care under section 1145(a) of this
title terminates under paragraph (3) of such
section;
‘‘(B) the member or the dependents of the
member eligible for benefits under the qualified
health benefits plan coverage become covered by
another health benefits plan that is not
TRICARE; or
‘‘(C) the member elects to terminate the
continued qualified health benefits plan cov-
erage of the dependents of the member.
‘‘(f) EXTENSION
OF PERIOD
OF COBRA COV-
ERAGE.—Notwithstanding any other provision of law—
‘‘(1) any period of coverage under a COBRA
continuation 
provision 
(as 
defined 
in 
section
9832(d)(1) of the Internal Revenue Code of 1986)
for a member under this section shall be deemed to
be equal to the benefits coverage continuation period
for such member under this section; and
‘‘(2) with respect to the election of any period
of coverage under a COBRA continuation provision
(as so defined), rules similar to the rules under sec-
tion 4980B(f)(5)(C) of such Code shall apply.
‘‘(g) SPECIAL RULE WITH RESPECT TO INDIVIDUAL
HEALTH INSURANCE COVERAGE.—With respect to a
member of a reserve component described in subsection
(b) who was enrolled in individual health insurance cov-
erage (as such term is defined in section 2791(b)(5) of
the Public Health Service Act) on the date on which the
member was called or ordered to active duty, the health
insurance issuer may not—
‘‘(1) decline to offer such coverage to, or deny
re-enrollment of, such individual during the benefits
coverage continuation period described in subsection
(e);
‘‘(2) impose any preexisting condition exclusion
(as defined in section 2701(b)(1)(A) of the Public
Health Service Act) with respect to the re-enroll-
ment of such member for such coverage during such
period; or
‘‘(3) increase the premium rate for re-enroll-
ment of such member under such coverage during
such period above the rate that was paid for the cov-
erage prior to the date of such call or order.
‘‘(h) NONDUPLICATION OF BENEFITS.—A dependent
of a member who is eligible for benefits under qualified
health benefits plan coverage paid on behalf of a member
by the Secretary concerned under this section is not eligi-
ble for benefits under TRICARE during a period of the
coverage for which so paid.
‘‘(i) REVOCABILITY OF ELECTION.—A member who
makes an election under subsection (a) may revoke the
election. Upon such a revocation, the member’s depend-
ents shall become eligible for TRICARE as provided for
under this chapter.
‘‘(j) REGULATIONS.—The Secretary of Defense shall
prescribe regulations for carrying out this section. The
regulations shall include such requirements for making an
election of payment of applicable premiums as the Sec-
retary considers appropriate.’’.
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended
by inserting after the item relating to section 1078a
the following new item:
‘‘1078b. Continuation of non-TRICARE health benefits plan coverage for cer-
tain Reserves called or ordered to active duty and their depend-
ents.’’.
(b) APPLICABILITY.—Section 1078b of title 10,
United States Code (as added by subsection (a)), shall
apply with respect to calls or orders of members of reserve
components of the Armed Forces to active duty as de-
scribed in subsection (b) of such section, that are issued
by the Secretary of a military department on or after the
date of the enactment of this Act.
Æ