Pub. L. 103-337, div. A, tit. VII, subtit. D, sec. 737
STUDY AND REPORT ON FINANCIAL RELIEF FOR CERTAIN MEDICARE-ELIGIBLE MILITARY RETIREES WHO INCUR MEDICARE LATE ENROLLMENT PENALTIES.
SEC. 737. STUDY AND REPORT ON FINANCIAL RELIEF FOR CERTAIN MEDICARE-ELIGIBLE MILITARY RETIREES WHO INCUR MEDICARE LATE ENROLLMENT PENALTIES. (a) Study.— The Secretary of Defense, in consultation with the Secretary of Health and Human Services, shall conduct a study regarding possible financial relief from late enrollment penalties for military retirees and dependents of such retirees who— (1) reside within the service area (or former service area) of a military installation closed or approved for closure under a base closure law; and (2) have failed to enroll in a timely manner in medicare part B due to reliance upon the military treatment facility located at such installation. (b) Report.— Not later than March 31, 1995, the Secretary of Defense shall submit to Congress a report containing the results of the study required under subsection (a). The report shall also contain the following: (1) For each military installation studied, the number of military retirees within both a 40 mile and 65 mile catchment area who have failed to enroll in medicare part B and are subjected to late enrollment penalties. (2) A determination of the estimated aggregate amount of the penalties in terms of each military installation studied. (3) A description of the characteristics of the population that are subject to the penalties, such as age and income level. (4) An examination of the appropriateness of waiving the penalties. (5) A description of the Department of Defense funds that should be used to pay the penalties if waiver of the penalties is not recommended. (6) A proposed program for a special medicare part B enrollment period for affected retirees living near military installations already closed or which are designated for closure in the future. (7) Legislative recommendations for implementing a program which removes the financial burden from the medicare-eligible beneficiaries who have been or will be adversely impacted by the closure of a military installation. (c) Definitions.— For purposes of this section: (1) The term “base closure law” means the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note). (2) The term “medicare part B” means the public health insurance program under part B of title XVIII of the Social Security Act. (3) The term “military treatment facility” means a facility of a uniformed service referred to in section 1074(a) of title 10, United States Code, in which health care is provided.