Help Our Heroes Access Medicine Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 6573 To amend title 10, United States Code, to authorize the Secretary of Defense to temporarily waive cost-sharing amounts under the TRICARE phar- macy benefits program during certain declared emergencies. IN THE HOUSE OF REPRESENTATIVES APRIL 21, 2020 Ms. BLUNT ROCHESTER (for herself, Mrs. LURIA, Mr. CARSON of Indiana, Ms. KUSTER of New Hampshire, Mr. RUSH, Mr. SOTO, Mr. CASE, Ms. JACKSON LEE, and Mr. HECK) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to authorize the Secretary of Defense to temporarily waive cost-sharing amounts under the TRICARE pharmacy benefits pro- gram during certain declared emergencies. 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 ‘‘Help Our Heroes Ac- 4 cess Medicine Act of 2020’’. 5 VerDate Sep 11 2014 18:40 Apr 24, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6573.IH H6573 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 6573 IH SEC. 2. TEMPORARY WAIVER OF COST-SHARING AMOUNTS 1 UNDER TRICARE PHARMACY BENEFITS PRO- 2 GRAM DURING DECLARED EMERGENCY. 3 (a) TEMPORARY WAIVER.—Section 1074g of title 10, 4 United States Code, is amended— 5 (1) in subsection (a)(6)— 6 (A) in subparagraph (A), by striking ‘‘In 7 the case’’ and inserting ‘‘Except as provided in 8 subparagraph (D), in the case’’; 9 (B) in subparagraph (B), by striking ‘‘For 10 any year’’ and inserting ‘‘Except as provided in 11 subparagraph (D), for any year’’; and 12 (C) by adding at the end the following new 13 subparagraph: 14 ‘‘(D) During a covered emergency, the Secretary may 15 waive a requirement for eligible covered beneficiaries to 16 pay cost-sharing amounts under this subsection. In deter- 17 mining whether to waive such requirement, the Secretary 18 may consider whether the waiver would— 19 ‘‘(i) promote use of the national mail-order 20 pharmacy program by eligible covered beneficiaries; 21 ‘‘(ii) reduce movement of eligible covered bene- 22 ficiaries to facilities of the uniformed services; 23 ‘‘(iii) promote adherence by eligible covered 24 beneficiaries to policies of the Federal, State, or 25 VerDate Sep 11 2014 18:40 Apr 24, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6573.IH H6573 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 6573 IH local government relating to social distancing for re- 1 duced transmission of communicable diseases; or 2 ‘‘(iv) facilitate any other policy of the Federal, 3 State, or local government relating to emergency re- 4 sponse during a covered period.’’; and 5 (2) in subsection (i), by adding at the end the 6 following new paragraph: 7 ‘‘(5) The term ‘covered emergency’ means a pe- 8 riod— 9 ‘‘(A) beginning on the date on which the 10 President declares a national emergency pursu- 11 ant to the National Emergencies Act (50 12 U.S.C. 1601 et seq.) and ending on the date of 13 the termination of such emergency; or 14 ‘‘(B) beginning on the date on which the 15 Secretary of Health and Human Services de- 16 clares a public health emergency pursuant to 17 section 319 of the Public Health Service Act 18 (42 U.S.C. 247d) and ending on the date of the 19 termination of such emergency.’’. 20 (b) APPLICATION.—The amendment made in sub- 21 section (a) shall apply— 22 (1) with respect to purchases under the phar- 23 macy benefits program established under section 24 VerDate Sep 11 2014 18:40 Apr 24, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6573.IH H6573 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 6573 IH 1047g of title 10, United States Code, occurring on 1 or after the date of the enactment of this Act; and 2 (2) with respect to covered emergencies in effect 3 on or after the date of the enactment of this Act. 4 Æ VerDate Sep 11 2014 18:40 Apr 24, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H6573.IH H6573 pamtmann on DSKBC07HB2PROD with BILLS