(This measure has not been amended since it was reported to the House on November 14, 2016. The summary of that version is repeated here.)
Veterans TRICARE Choice Act of 2016
(Sec. 2) This bill allows, as of January 1, 2017, an individual who is eligible to be a covered beneficiary entitled to health care benefits under the TRICARE program (a Department of Defense [DOD] managed health care program) and who is not serving on active duty in the uniformed services to: (1) elect to be ineligible to enroll in TRICARE, (2) make tax deductible contributions to a health savings account during the period such individual elects to be ineligible for TRICARE coverage, and (3) enroll in the TRICARE program at a later date during a special enrollment period.
DOD shall submit to the Internal Revenue Service information on each TRICARE-eligible individual who makes such election for purposes of determining such individual's eligibility for a health savings account.
DOD shall provide to each TRICARE-eligible individual who seeks to make such election information regarding: (1) health savings accounts, and (2) changing an election.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5458 Introduced in House (IH)]
<DOC>
114th CONGRESS
2d Session
H. R. 5458
To provide for coordination between the TRICARE program and eligibility
for making contributions to a health savings account, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 13, 2016
Mr. Stewart introduced the following bill; which was referred to the
Committee on Ways and Means, and in addition to the Committee on Armed
Services, 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 provide for coordination between the TRICARE program and eligibility
for making contributions to a health savings account, 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 ``Veterans TRICARE Choice Act''.
SEC. 2. COORDINATION BETWEEN TRICARE PROGRAM AND ELIGIBILITY TO MAKE
CONTRIBUTIONS TO HEALTH SAVINGS ACCOUNTS.
(a) In General.--Section 223(c)(1)(B) of the Internal Revenue Code
of 1986 is amended by striking ``and'' at the end of clause (ii), by
striking the period at the end of clause (iii) and inserting ``, and'',
and by adding at the end the following new clause:
``(iv) coverage under the TRICARE program
under chapter 55 of title 10, United States
Code, for any period with respect to which an
election is in effect under section 1097e of
such title providing that the individual is
ineligible to be enrolled in (and receive
benefits under) such program.''.
(b) Provisions Relating to Election of Ineligibility Under
TRICARE.--
(1) In general.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1097d the following
new section:
``Sec. 1097e. TRICARE program: election of eligibility
``(a) Election.--Beginning January 1, 2017, a TRICARE-eligible
individual may elect at any time to be ineligible to enroll in (and
receive any benefits under) the TRICARE program.
``(b) Change of Election.--(1) If a TRICARE-eligible individual
makes an election under subsection (a), the TRICARE-eligible individual
may later elect to be eligible to enroll in the TRICARE program. An
election made under this subsection may be made only during a special
enrollment period.
``(2) The Secretary shall ensure that a TRICARE-eligible individual
who makes an election under subsection (a) may efficiently enroll in
the TRICARE program pursuant to an election under paragraph (1),
including by maintaining the individual, as appropriate, in the health
care enrollment system under section 1099 of this title in an inactive
manner.
``(c) Period of Election.--If a TRICARE-eligible individual makes
an election under subsection (a), such election shall be in effect
beginning on the date of such election and ending on the date that such
individual makes an election under subsection (b)(1) to enroll in the
TRICARE program.
``(d) Health Savings Account Participation.--(1) For provisions
allowing participation in a health savings account in connection with
coverage under a high deductible health plan during the period that the
election under subsection (a) is in effect, see section
223(c)(1)(B)(iv) of the Internal Revenue Code of 1986.
``(2) The Secretary shall submit to the Commissioner of Internal
Revenue the name of, and any other information that the Commissioner
may require with respect to, each TRICARE-eligible individual who makes
an election under subsection (a) or (b), not later than 90 days after
such election, for purposes of determining the eligibility of such
TRICARE-eligible individual for a health savings account described in
paragraph (1).
``(e) Records.--The Secretary shall ensure that a TRICARE-eligible
individual who makes an election under subsection (a) is maintained on
the Defense Enrollment Eligibility Reporting System, or successor
system, regardless of whether the individual is eligible for the
TRICARE program during the period of such election.
``(f) Provision of Information.--The Secretary shall provide to
each TRICARE-eligible individual who seeks to make an election under
subsection (a) information regarding--
``(1) health savings accounts in connection with coverage
under a high deductible health plan described in subsection
(d)(1), including a comparison of such health saving accounts
and the health care benefits the individual is eligible to
receive under the TRICARE program; and
``(2) changing such an election under subsection (b)(1).
``(g) Annual Report.--Not later than 60 days after the end of each
fiscal year, the Secretary shall submit to the congressional defense
committees a report on elections by TRICARE-eligible individuals under
this section that includes the following:
``(1) The number of TRICARE-eligible individuals, as of the
date of the submittal of the report, who are ineligible to
enroll in (and receive any benefits under) the TRICARE program
pursuant to an election under subsection (a).
``(2) The number of TRICARE-eligible individuals who made
an election described under subsection (a) but, as of the date
of the submittal of the report, are enrolled in the TRICARE
program pursuant to a change of election under subsection (b).
``(h) Definitions.--In this section:
``(1) The term `TRICARE-eligible individual' means an
individual who is--
``(A) eligible to be a covered beneficiary entitled
to health care benefits under the TRICARE program
(determined without regard to this section); and
``(B) not serving on active duty in the uniformed
services.
``(2) The term `special enrollment period' means the period
in which a beneficiary under the Federal Employees Health
Benefits program under chapter 89 of title 5 may enroll in or
change a plan under such program by reason of a qualifying
event or during an open enrollment season. For purposes of this
section, such qualifying events shall also include events
determined appropriate by the Secretary of Defense, including
events relating to a member of the armed forces being ordered
to active duty.''.
(2) Conforming amendment.--The table of sections at the
beginning of chapter 55 of such title is amended by inserting
after the item relating to section 1097d the following new
item:
``1097e. TRICARE program: election of eligibility.''.
(c) Effective Date.--The amendments made by subsection (a) shall
apply to months beginning after December 31, 2016.
<all>
Referred to the Committee on Ways and Means, and in addition to the Committee on Armed Services, 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.
Referred to the Committee on Ways and Means, and in addition to the Committee on Armed Services, 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.
Referred to the Committee on Ways and Means, and in addition to the Committee on Armed Services, 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.
Referred to the Subcommittee on Health.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Referred to the Subcommittee on Military Personnel.
Subcommittee Hearings Held.
Reported (Amended) by the Committee on Ways and Means. H. Rept. 114-809, Part I.
Reported (Amended) by the Committee on Ways and Means. H. Rept. 114-809, Part I.
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Committee on Armed Services discharged.
Committee on Armed Services discharged.
Placed on the Union Calendar, Calendar No. 633.
Mr. Smith (NE) moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H6317-6319)
DEBATE - The House proceeded with forty minutes of debate on H.R. 5458.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text of measure as passed: CR H6317)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text of measure as passed: CR H6317)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.