Pub. L. 108-106, tit. I, ch. 1, sec. 1115

Sec. 1115. (a) Chapter 55 of title 10, United States Code, is amended by inserting after section 1076a the following new section:“§ 1076b. TRICARE program: coverage for members of the Ready Reserve“(a) Eligibility.—Each member of the Selected Reserve of the Ready Reserve and each member of the Individual Ready Reserve described in section 10144(b) of this title is eligible, subject to subsection (h), to enroll in TRICARE and receive benefits under such enrollment for any period that the member—“(1) is an eligible unemployment compensation recipient; or“(2) is not eligible for health care benefits under an employer-sponsored health benefits plan.“(b) Types of Coverage.—(1) A member eligible under subsection (a) may enroll for either of the following types of coverage:“(A) Self alone coverage.“(B) Self and family coverage.“(2) An enrollment by a member for self and family covers the member and the dependents of the member who are described in subparagraph (A), (D), or (I) of section 1072(2) of this title.“(c) Open Enrollment Periods.—The Secretary of Defense shall provide for at least one open enrollment period each year. During an open enrollment period, a member eligible under subsection (a) may enroll in the TRICARE program or change or terminate an enrollment in the TRICARE program.“(d) Scope of Care.—(1) A member and the dependents of a member enrolled in the TRICARE program under this section shall be entitled to the same benefits under this chapter as a member of the uniformed services on active duty or a dependent of such a member, respectively.“(2) Section 1074(c) of this title shall apply with respect to a member enrolled in the TRICARE program under this section.“(e) Premiums.—(1) The Secretary of Defense shall charge premiums for coverage pursuant to enrollments under this section. 117 STAT. 1217 The Secretary shall prescribe for each of the TRICARE program options a premium for self alone coverage and a premium for self and family coverage.“(2) The monthly amount of the premium in effect for a month for a type of coverage under this section shall be the amount equal to 28 percent of the total amount determined by the Secretary on an appropriate actuarial basis as being reasonable for the coverage.“(3) The premiums payable by a member under this subsection may be deducted and withheld from basic pay payable to the member under section 204 of title 37 or from compensation payable to the member under section 206 of such title. The Secretary shall prescribe the requirements and procedures applicable to the payment of premiums by members not entitled to such basic pay or compensation.“(4) Amounts collected as premiums under this subsection shall be credited to the appropriation available for the Defense Health Program Account under section 1100 of this title, shall be merged with sums in such Account that are available for the fiscal year in which collected, and shall be available under subparagraph (B) of such section for such fiscal year.“(f) Other Charges.—A person who receives health care pursuant to an enrollment in a TRICARE program option under this section, including a member who receives such health care, shall be subject to the same deductibles, copayments, and other nonpremium charges for health care as apply under this chapter for health care provided under the same TRICARE program option to dependents described in subparagraph (A), (D), or (I) of section 1072(2) of this title.“(g) Termination of Enrollment.—(1) A member enrolled in the TRICARE program under this section may terminate the enrollment only during an open enrollment period provided under subsection (c), except as provided in subsection (h).“(2) An enrollment of a member for self alone or for self and family under this section shall terminate on the first day of the first month beginning after the date on which the member ceases to be eligible under subsection (a).“(3) The enrollment of a member under this section may be terminated on the basis of failure to pay the premium charged the member under this section.“(h) Relationship to Transition TRICARE Coverage Upon Separation From Active Duty.—(1) A member may not enroll in the TRICARE program under this section while entitled to transitional health care under subsection (a) of section 1145 of this title or while authorized to receive health care under subsection (c) of such section.“(2) A member who enrolls in the TRICARE program under this section within 90 days after the date of the termination of the member’s entitlement or eligibility to receive health care under subsection (a) or (c) of section 1145 of this title may terminate the enrollment at any time within one year after the date of the enrollment.“(i) Certification of Noncoverage by Other Health Benefits Plan.—The Secretary of Defense may require a member to submit any certification that the Secretary considers appropriate to substantiate the member’s assertion that the member is not 117 STAT. 1218 covered for health care benefits under any other health benefits plan.“(j) Eligible Unemployment Compensation Recipient Defined.—In this section, the term ‘eligible unemployment compensation recipient’ means, with respect to any month, any individual who is determined eligible for any day of such month for unemployment compensation under State law (as defined in section 205(9) of the Federal-State Extended Unemployment Compensation Act of 1970), including Federal unemployment compensation laws administered through the State.“(k) Regulations.—The Secretary of Defense, in consultation with the other administering Secretaries, shall prescribe regulations for the administration of this section.“(l) Termination of Authority.—An enrollment in TRICARE under this section may not continue after September 30, 2004.” .(b) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1076a the following new item:“1076b. TRICARE program: coverage for members of the Ready Reserve.”.