II 118th CONGRESS 1st Session S. 1644 IN THE SENATE OF THE UNITED STATES May 17, 2023 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to provide eligibility for TRICARE Select to veterans with service-connected disabilities, and for other purposes.

1. Short title This Act may be cited as the Veterans’ True Choice Act of 2023 . 2. Eligibility under TRICARE program for veterans with service-connected disabilities (a) In general (1) Enrollment in TRICARE Select Section 1075 of title 10, United States Code, is amended— (A) in subsection (b)(1)(B), by inserting before the period at the end the following: , and covered veteran beneficiaries under subsection (i), other than Medicare-eligible beneficiaries described in such subsection (d)(2) ; (B) by redesignating subsection (i) as subsection (j); and (C) by inserting after subsection (h) the following new subsection (i): (i) Covered veteran beneficiaries (1) Subject to section 1086(d) of this title, a covered veteran beneficiary may elect to enroll in TRICARE Select during the annual open enrollment season of the TRICARE program. (2) The cost-sharing requirements under TRICARE Select for covered veteran beneficiaries shall be calculated pursuant to subsection (d)(1), regardless of the date of the original enlistment or appointment of the beneficiary in the uniformed services. (3) A dependent of a covered veteran beneficiary may not enroll in the TRICARE program solely by reason of the covered veteran beneficiary enrolling in the TRICARE program. . (2) Enrollment in TRICARE for Life Section 1086(d) of such title is amended— (A) in paragraph (1), by inserting before the period at the end the following: or pursuant to section 1075(i) of this title ; (B) in paragraph (2), in the matter preceding clause (i), by inserting , or section 1075(i) of this title, after a person referred to in subsection (c) ; and (C) in paragraph (4), in the matter preceding clause (i), by inserting , or section 1075(i) of this title, after a person referred to in subsection (c) . (3) Definition Section 1072 of such title is amended by adding at the end the following new paragraph: (16) The term covered veteran beneficiary means a veteran who— (A) is eligible to enroll in the system of annual patient enrollment of the Department of Veterans Affairs under paragraph (1), (2), or (3) of section 1705 of title 38; and (B) is eligible to enroll in the TRICARE program only pursuant to— (i) section 1075(i) of this title; or (ii) section 1086(d) of this title by reason of being an individual who would be covered by such section 1075(i) but for being a Medicare-eligible beneficiary covered by such section 1086(d). . (4) Enrollment in VA health care Section 1705 of title 38, United States Code, is amended by adding at the end the following new subsection: (d) (1) A covered veteran beneficiary who enrolls in the TRICARE program may not be concurrently enrolled in the system of annual patient enrollment under subsection (a) and the Secretary may not furnish hospital care or medical services to the covered veteran beneficiary under this chapter or any other provision of law administered by the Secretary while the covered veteran beneficiary is enrolled in the TRICARE program. (2) In this subsection, the terms covered veteran beneficiary and TRICARE program have the meanings given those terms in section 1072 of title 10. . (b) Memorandum of understanding The Secretary of Veterans Affairs and the Secretary of Defense shall enter into a memorandum of understanding under which the Secretary of Veterans Affairs reimburses the Secretary of Defense for the costs of enrolling covered veteran beneficiaries in the TRICARE program pursuant to the amendments made by subsection (a), as jointly determined appropriate by the Secretary of Veterans Affairs and the Secretary of Defense. (c) Implementation (1) Effective date The amendments made by this section shall take effect one year after the date of the enactment of this Act. (2) Regulations During the one-year period following the date on which the amendments made by this section take effect, the Secretary of Veterans Affairs and the Secretary of Defense shall each prescribe regulations to carry out such amendments. (3) Phase in During the one-year period following the date on which the regulations are prescribed under paragraph (2), the Secretary of Veterans Affairs and the Secretary of Defense shall phase in the enrollment of covered veteran beneficiaries in accordance with the annual open enrollment season of the TRICARE program. (4) VA Center for Innovation for Care and Payment The Secretary of Veterans Affairs shall carry out this subsection through the Center for Innovation for Care and Payment of the Department of Veterans Affairs under section 1703E of title 38, United States Code. (d) Reports (1) Reports on implementation Not less frequently than quarterly during the two-year period following the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Defense shall jointly submit to the appropriate committees of Congress a report on the implementation of this section and the amendments made by this section. (2) Annual reports Not later than one year after the date on which the final report under paragraph (1) is required to be submitted, and annually thereafter, the Secretary of Veterans Affairs and the Secretary of Defense shall jointly submit to the appropriate committees of Congress a report on covered veteran beneficiaries enrolled in the TRICARE program. (e) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Veterans’ Affairs and the Committee on Armed Services of the Senate; and (B) the Committee on Veterans’ Affairs and the Committee on Armed Services of the House of Representatives. (2) Covered veteran beneficiary; TRICARE program The terms covered veteran beneficiary and TRICARE program have the meaning given those terms in section 1072 of title 10, United States Code, as amended by subsection (a).