I 
115TH CONGRESS 
1ST SESSION H. R. 2243 
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 pur-
poses. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 28, 2017 
Mr. SAM JOHNSON of Texas (for himself, Mr. ROE of Tennessee, and Mr. 
WALZ) 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 deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
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 dis-
ability insurance benefits to enroll in the TRICARE pro-
gram regardless of whether such members decline enroll-
ment under Medicare part B, and for other purposes. 
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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 Equity and 
Access for Returning Troops and Servicemembers Act’’ or 
the ‘‘HEARTS Act’’. 
SEC. 2. MODIFICATION OF REQUIREMENT FOR CERTAIN 
FORMER MEMBERS OF THE ARMED FORCES 
TO ENROLL IN MEDICARE PART B TO BE ELI-
GIBLE 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 en-
roll in the supplementary medical insurance program 
under part B of title XVIII of the Social Security Act (42 
U.S.C. 1395j et seq.) shall not apply to a person described 
in subparagraph (B) during any month in which such per-
son is not entitled to a benefit described in subparagraph 
(A) of section 226(b)(2) of the Social Security Act (42 
U.S.C. 426(b)(2)) if such person has received the coun-
seling and information under subparagraph (C). 
‘‘(B) A person described in this subparagraph is a 
person— 
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‘‘(i) who is under 65 years of age; 
‘‘(ii) who is entitled to hospital insurance bene-
fits under part A of title XVIII of the Social Secu-
rity Act pursuant to subparagraph (A) or (C) of sec-
tion 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 per-
sons described in subparagraph (B) of, and provide infor-
mation and counseling regarding, the effects of not enroll-
ing in the supplementary medical insurance program 
under part B of title XVIII of the Social Security Act (42 
U.S.C. 1395j et seq.), as described in subparagraph (A).’’. 
(2) 
CONFORMING
AMENDMENT.—Paragraph 
(2)(A) of such subsection is amended by striking ‘‘is 
enrolled’’ and inserting ‘‘except as provided by para-
graph (6), is enrolled’’. 
(3) IDENTIFICATION
OF
PERSONS.—Section 
1110a of such title is amended by adding at the end 
the following new subsection: 
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‘‘(c) CERTAIN INDIVIDUALS NOT REQUIRED TO EN-
ROLL 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 Commis-
sioner 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 pursu-
ant to subparagraph (D) 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)) is amended, in the sec-
ond sentence, by inserting ‘‘or months for which the indi-
vidual 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’’ after ‘‘an individual 
described in section 1837(k)(3)’’. 
(c) REPORT.—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 
Committees on Armed Services of the House of Represent-
atives and the Senate, the Committee on Ways and Means 
of the House of Representatives, and the Committee on 
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Finance of the Senate a report on the implementation of 
section 1086(d)(6) of title 10, United States Code, as 
added by subsection (a). Such report shall include, with 
respect to the period covered by the report— 
(1) the number of individuals enrolled in 
TRICARE for Life who are not enrolled in the sup-
plementary medical insurance program under part B 
of title XVIII of the Social Security Act (42 U.S.C. 
1395j et seq.) by reason of such section 1086(d)(6); 
and 
(2) the number of individuals who— 
(A) are retired from the Armed Forces 
under chapter 61 of title 10, United States 
Code; 
(B) are entitled to hospital insurance bene-
fits 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)); and 
(C) because of such entitlement, are no 
longer 
enrolled 
in 
TRICARE 
Standard, 
TRICARE 
Prime, 
TRICARE 
Extra, 
or 
TRICARE Select under chapter 55 of title 10, 
United States Code. 
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(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). 
Æ 
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