Military Health Care Protection Act of 2012 - Expresses the sense of Congress that: (1) career military personnel and their families endure unique and extraordinary demands and make extraordinary sacrifices over the course of a 20-30 year career, and (2) those decades of sacrifice constitute a significant pre-paid premium for health care during a career member's retirement that is over and above what the member pays with money.
Prohibits any cost-sharing requirement under the Department of Defense (DOD) pharmacy benefits program, as well as deductibles under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS), from being increased by a percentage greater than that year's percentage increase in retired pay. Prohibits CHAMPUS inpatient charges from exceeding 25% of their total cost or $708 per day. Prohibits, beginning with FY2013, the maximum annual limit on charges under CHAMPUS from being increased by a percentage greater than that year's percentage increase in retired pay.
Prohibits former members of the Armed Forces who are entitled to retired pay, as well as dependents of members who died while on active duty or from an injury, illness, or disease incurred while on active duty, from being charged an enrollment fee for CHAMPUS coverage or from being subject to denial of claims for coverage based on failure to enroll.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3203 Introduced in Senate (IS)]
112th CONGRESS
2d Session
S. 3203
To amend title 10, United States Code, to limit increases in the
certain costs of health care services under the health care programs of
the Department of Defense, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2012
Mr. Lautenberg (for himself and Mr. Rubio) introduced the following
bill; which was read twice and referred to the Committee on Armed
Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to limit increases in the
certain costs of health care services under the health care programs of
the Department of Defense, 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 ``Military Health Care Protection Act
of 2012''.
SEC. 2. SENSE OF CONGRESS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) career members of the uniformed services and their
families endure unique and extraordinary demands and make
extraordinary sacrifices over the course of a 20-year to 30-
year career in protecting freedom for all Americans; and
(2) those decades of sacrifice constitute a significant
pre-paid premium for health care during a career member's
retirement that is over and above what the member pays with
money.
SEC. 3. LIMITATIONS ON CERTAIN INCREASES IN HEALTH CARE COSTS FOR
UNIFORMED SERVICES BENEFICIARIES.
(a) Pharmacy Benefits Program.--Section 1074g(a)(6) of title 10,
United States Code, is amended by adding at the end the following new
subparagraph:
``(C) The amount of any cost sharing requirements under this
paragraph may not be increased in any year by a percentage that exceeds
the percentage by which retired pay is increased under section
1401a(b)(2) of this title. Increases shall be made only in whole dollar
amounts. To the extent that the percentage increase under such section
1401a(b)(2) in any year would yield an increase of less than one
dollar, the accumulated increase shall be carried over to the
subsequent year, until the accumulated increase equals at least one
dollar.''.
(b) Deductible Amounts Under CHAMPUS.--
(1) Self-only coverage.--Subsection 1086(b)(1) of such
title is amended by adding at the end the following sentences:
``For each fiscal year beginning after September 30, 2012, the
Secretary of Defense may only increase the deductible amount by
a percentage not to exceed the percentage by which retired pay
is increased under section 1401a(b)(2) of this title. Any
resulting increase shall be rounded down to the nearest whole
dollar.''.
(2) Family coverage.--Subsection 1086(b)(2) of such title
is amended by adding at the end the following sentences: ``For
each fiscal year beginning after September 30, 2012, the
Secretary of Defense may only increase the deductible amount by
a percentage not to exceed the percentage by which retired pay
is increased under section 1401a(b)(2) of this title. Any
resulting increase shall be rounded down to the nearest whole
dollar.''.
(c) Inpatient Charges Under CHAMPUS.--Section 1086(b)(3) of such
title is amended by striking ``25 percent'' and all that follows
through ``September 30, 2011.'' and inserting ``25 percent of the
charges for inpatient care, except that in no case shall such charges
exceed $708 per day.''.
(d) Catastrophic Cap on Fees Under CHAMPUS.--Section 1086(b)(4) of
such title is amended--
(1) by striking ``A member'' and inserting ``For fiscal
years ending before October 1, 2012, a''; and
(2) by adding at the end the following new sentences: ``For
each fiscal year beginning after September 30, 2012, the
Secretary of Defense may only increase the amount in the
preceding sentence by a percentage not to exceed the percentage
by which retired pay is increased under section 1401a(b)(2) of
this title. Any resulting increase shall be rounded down to the
nearest whole dollar.''.
(e) Prohibition of Enrollment Fees for Certain Persons Under
CHAMPUS.--Section 1086(b) of such title is further amended by adding at
the end the following new paragraphs:
``(5) A person covered by subsection (c) may not be charged
an enrollment fee for coverage under this section.
``(6) A person covered by subsection (c) shall not be
subject to denial of claims for coverage under this section for
failure to enroll for such coverage. To the extent enrollment
may be required, enrollment shall be automatic for any such
person filing a claim under this section. In such cases of
automatic enrollment, annual re-enrollment shall be automatic
unless the beneficiary expressly declines to re-enroll.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Armed Services.
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