TRICARE Retiree Protection Act

I 117TH CONGRESS 1ST SESSION H. R. 3102 To allow certain retiree beneficiaries to reenroll in, and establish monthly enrollment fee payment for, TRICARE Select at any time during 2021, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 11, 2021 Mr. ISSA introduced the following bill; which was referred to the Committee on Armed Services A BILL To allow certain retiree beneficiaries to reenroll in, and estab- lish monthly enrollment fee payment for, TRICARE Se- lect at any time during 2021, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘TRICARE Retiree 4 Protection Act’’. 5 VerDate Sep 11 2014 23:47 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3102.IH H3102 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3102 IH SEC. 2. REENROLLMENT AND ESTABLISHMENT OF MONTH- 1 LY ENROLLMENT FEE PAYMENT FOR 2 TRICARE SELECT BY CERTAIN RETIREE 3 BENEFICIARIES. 4 (a) IN GENERAL.—If the Secretary of Defense deter- 5 mines, based on an assertion submitted pursuant to sub- 6 section (b)(3), that a covered beneficiary described in sub- 7 section (b) has not received covered notice, such covered 8 beneficiary may, at any time during 2021, reenroll in 9 TRICARE Select. 10 (b) COVERED BENEFICIARIES.—A covered bene- 11 ficiary described in this subsection is any covered bene- 12 ficiary in the retired category who— 13 (1) is enrolled in TRICARE Select as of De- 14 cember 31, 2020; 15 (2) during the 2020 TRICARE Open Season, 16 did not establish monthly enrollment fee payment for 17 TRICARE Select for 2021; and 18 (3) submits to the Secretary an assertion that 19 the covered beneficiary has not received covered no- 20 tice. 21 (c) REENROLLMENT REQUIREMENTS.— 22 (1) IN GENERAL.—A covered beneficiary who 23 reenrolls in TRICARE Select pursuant to subsection 24 (a) shall, at the time of reenrollment— 25 VerDate Sep 11 2014 23:47 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3102.IH H3102 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3102 IH (A) pay a portion of the annual enrollment 1 fee for TRICARE Select for 2021 equal to— 2 (i) the monthly enrollment fee pay- 3 ment for TRICARE Select during 2021 4 applicable to the covered beneficiary; multi- 5 plied by 6 (ii) the number of months in 2021 7 that have elapsed as of the date of re- 8 enrollment; and 9 (B) establish monthly enrollment fee pay- 10 ment for TRICARE Select during 2021 for the 11 remaining months of 2021. 12 (2) PARTIAL MONTH.—For purposes of para- 13 graph (1)(A)(ii), the month in which a covered bene- 14 ficiary reenrolls in TRICARE Select shall be treated 15 as a full month. 16 (d) DEFINITIONS.—In this section: 17 (1) The terms ‘‘covered beneficiary’’ and 18 ‘‘TRICARE program’’ have the meaning given such 19 terms in section 1072 of title 10, United States 20 Code. 21 (2) The term ‘‘covered beneficiary in the retired 22 category’’ means any covered beneficiary enrolled in 23 TRICARE Select in the retired category under sec- 24 tion 1075(b)(1)(B) of title 10, United States Code. 25 VerDate Sep 11 2014 23:47 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3102.IH H3102 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3102 IH (3) The term ‘‘covered notice’’ means notice re- 1 garding the process to enroll in, and establish 2 monthly enrollment fee payment for, TRICARE Se- 3 lect for 2021. 4 (4) The term ‘‘TRICARE Select’’ means the 5 option under the TRICARE program established 6 pursuant to section 1075 of title 10, United States 7 Code. 8 (5) The term ‘‘2020 TRICARE Open Season’’ 9 means the period in 2020 for enrollment in and elec- 10 tion of options regarding participation in the 11 TRICARE program during 2021, namely the period 12 beginning November 9, 2020, and ending December 13 14, 2020. 14 Æ VerDate Sep 11 2014 23:47 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H3102.IH H3102 kjohnson on DSK79L0C42PROD with BILLS