Title: HEARTS Act
Policy area: Armed Forces and National Security

Summary:
Health Equity and Access for Returning Troops and Servicemembers Act or the HEARTS Act
This bill extends TRICARE eligibility to certain former members of the Armed Forces regardless of whether they enroll (as required under current law) in Medicare's supplementary medical insurance program. Specifically, the bill applies to former members who are: (1) younger than 65 years of age, (2) medically retired from the Armed Forces, and (3) entitled to Medicare hospital insurance benefits on the basis of their former entitlement to disability insurance benefits under the Social Security Act.
Furthermore, these former members shall not be subject to late-enrollment penalties under Medicare's supplemental medical insurance program.
The Department of Defense must coordinate with the Department of Health and Human Services to: (1) identify former members to which the bill applies, (2) counsel those former members on the effects of declining to enroll in Medicare's supplemental medical insurance program, and (3) report to Congress on specified issues related to the bill's implementation.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2243 Introduced in House (IH)]

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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 purposes.


_______________________________________________________________________


                    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 determined 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 disability 
   insurance benefits to enroll in the TRICARE program regardless of 
whether such members decline enrollment under Medicare part B, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives 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 ELIGIBLE 
              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 enroll 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 
person 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 counseling and information under 
subparagraph (C).
    ``(B) A person described in this subparagraph is a person--
            ``(i) who is under 65 years of age;
            ``(ii) who is entitled to hospital insurance benefits under 
        part A of title XVIII of the Social Security Act pursuant to 
        subparagraph (A) or (C) of section 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 persons described in 
subparagraph (B) of, and provide information and counseling regarding, 
the effects of not enrolling 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 paragraph (6), is enrolled''.
            (3) Identification of persons.--Section 1110a of such title 
        is amended by adding at the end the following new subsection:
    ``(c) Certain Individuals Not Required To Enroll 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 
Commissioner 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 pursuant 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 second sentence, by inserting ``or months for which the 
individual 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 Representatives and the Senate, the Committee on Ways and Means of 
the House of Representatives, and the Committee on 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 supplementary 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 benefits 
                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.
    (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).
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