Section 1 Short title
This Act may be cited as the “Veterans TRICARE Choice Act”.
Veterans TRICARE Choice Act
A BILL
To provide for coordination between the TRICARE program and eligibility for making contributions to a health savings account.
Sec. 2 Coordination between TRICARE program and eligibility to make contributions to health savings accounts
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 1097d of such title providing that the individual is ineligible to be enrolled in (and receive benefits under) such program.”
Provisions relating to election of ineligibility under TRICARE—
In general— Chapter 55 of title 10, United States Code, is amended by inserting after section 1097c the following new section:
“1097d. TRICARE program: Election of eligibility
“(a) Election—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 described in 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 described in 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 described in 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) Cross reference relating to health savings account participation—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.
“(e) Records—The Secretary shall ensure that a TRICARE-eligible individual who makes an election described in 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) Definitions—In this section:
“(1) The term “TRICARE-eligible individual” means an individual who is eligible to be a covered beneficiary entitled to health care benefits under the TRICARE program (determined without regard to this section).
“(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.”
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 1097c the following new item: