TRICARE Dependent Coverage Extension Act - Deems the following individuals as dependents, for purposes of dependent coverage under TRICARE (a Department of Defense [DOD] managed health care program): (1) a child who has not yet attained age 26 and is not eligible to enroll in any employer-sponsored plan; or (2) a person who is in the legal custody of the covered member, has not attained age 26, is not eligible to enroll in any employer-sponsored plan, resides with the member, is not otherwise a dependent under TRICARE, and is not the child of another covered beneficiary. Requires a premium payment for such coverage.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4923 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 4923
To amend title 10, United States Code, to extend TRICARE coverage to
certain dependents under the age of 26.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 24, 2010
Mr. Heinrich introduced the following bill; which was referred to the
Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to extend TRICARE coverage to
certain dependents under the age of 26.
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 ``TRICARE Dependent Coverage Extension
Act''.
SEC. 2. EXTENSION OF DEPENDENT COVERAGE UNDER TRICARE.
(a) Dependent Coverage.--
(1) In general.--Chapter 55 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1110b. TRICARE program: Extension of dependent coverage
``(a) In General.--In accordance with subsection (c), an individual
described in subsection (b) shall be deemed to be a dependent (as
described in section 1072(2)(D) of this title) for purposes of TRICARE
coverage.
``(b) Individual Described.--An individual described in this
subsection is an individual who--
``(1) with respect to a member or former member of a
uniformed service, is--
``(A) a child who has not attained the age of 26
and is not eligible to enroll in an eligible employer-
sponsored plan (as defined in section 5000A(f)(2) of
the Internal Revenue Code of 1986); or
``(B) a person who--
``(i) is placed in the legal custody of the
member or former member as a result of an order
of a court of competent jurisdiction in the
United States (or possession of the United
States) for a period of at least 12 consecutive
months;
``(ii) has not attained the age of 26;
``(iii) is not eligible to enroll in an
eligible employer-sponsored plan (as defined in
section 5000A(f)(2) of the Internal Revenue
Code of 1986);
``(iv) resides with the member or former
member unless separated by the necessity of
military service or to receive institutional
care as a result of disability or
incapacitation or under such other
circumstances as the administering Secretary
may by regulation prescribe;
``(v) is not otherwise a dependent of a
member or a former member under any
subparagraph of section 1072(2) of this title;
and
``(vi) is not the child of a dependent who
is described in subparagraph (D) or (I) of
section 1072(2) and is a covered beneficiary;
and
``(2) meets other criteria specified in regulations
prescribed by the Secretary.
``(c) Premium.--(1) The Secretary shall prescribe by regulation a
premium for TRICARE coverage provided pursuant to this section to an
individual described in subsection (b).
``(2) The monthly amount of the premium in effect for a month for
TRICARE coverage pursuant to this section shall be an amount not to
exceed the cost of coverage that the Secretary determines on an
appropriate actuarial basis.
``(3) The Secretary shall prescribe the requirements and procedures
applicable to the payment of premiums under this subsection.
``(4) Amounts collected as premiums under this paragraph shall be
credited to the appropriation available for the Defense Health Program
Account under section 1100 of this title, shall be merged with sums in
such Account that are available for the fiscal year in which collected,
and shall be available under subsection (b) of such section for such
fiscal year.
``(d) TRICARE Coverage Defined.--For purposes of this section, the
term `TRICARE coverage' means health care to which a dependent
described in section 1072(2)(D) of this title is entitled under section
1076d, 1076e, 1079, 1086, or 1097.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1110a the following new item:
``1110b. TRICARE program: Extension of dependent coverage.''.
(b) Conforming Amendment.--Paragraph (1) of section 1086(c) of
title 10, United States Code, is amended by inserting after ``of this
title'' the following: ``(or an individual described in section
1110b(b) who meets the requirements for a dependent under paragraph (1)
or (2) of such section 1076(b))''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2010.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
Referred to the Subcommittee on Military Personnel.
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