Bill Would Restrict Veterans’ Health Care Options

Nov 5, 2009
Press Release

Washington, D.C. — Today, House Committee on Veterans’ Affairs Ranking Member Steve Buyer and House Armed Services Committee Ranking Member Howard P. “Buck” McKeon offered three amendments to the Pelosi healthcare bill that would protect America’s veterans and military TRICARE beneficiaries.  The healthcare legislation, which is expected to be voted on in the full House in the coming days, limits veteran’s and service member’s health care choices and places veterans and military health care unnecessarily at risk by not clearly excluding military and veterans health care from the requirements of the bill.

“In addition to being fundamentally opposed to a sweeping government takeover of health care, I also strongly object to the bill that was unveiled today because it would limit veterans’ ability to choose a health care provider,” said Rep. Buyer. “The liberty and freedom upon which our nation is founded was paid for through the sacrifices of veterans, and I find it outrageous that the government veterans defended would presume to dictate where and how they obtain health care. This is not the type of government veterans have fought and died for.”

“America must remain vigilant in our efforts to provide the necessary support to our Veterans, military retirees, and current military personnel,” said Rep. McKeon.  “The Democrat healthcare bill that will be voted on in the coming days creates unnecessary uncertainty for our Veterans and military families that their healthcare options will be unfairly limited.  Our amendments make certain—in the strongest terms possible—that our nation’s heroes will continue to have options, while protecting their rights to maintain their current high-quality options if they so choose.”

Reps. Buyer and McKeon offered the following three amendments to ensure that our veterans, servicemembers, and their families are not hurt by the bill:

Buyer/McKeon Amendment #001:  Would add a new subsection to provide explicitly that veterans enrolled in the VA health care and TRICARE beneficiaries may choose additional health insurance through the “Health Insurance Exchange”, along with care provided by VA or DOD.

The bill reads:  “(a) ACCESS TO COVERAGE. – In accordance with this section, all individuals are eligible to obtain coverage through enrollment in an Exchange-participating health benefits plan offered through the Health Insurance Exchange unless such individuals are enrolled in another qualified health benefits plan or certain other acceptable coverage.” [page 156, line 11-16].

Under H.R. 3962, VA health care and TRICARE would be deemed "qualified" coverage. The problem with the language is that it is ambiguous and can be interpreted to disqualify individuals enrolled in VA health care or TRICARE from participating in the exchange.   

This amendment was accepted at the Energy and Commerce Committee markup, but the Democratic Leadership failed to include it in H.R. 3962.

Buyer/McKeon Amendment #002:  Would ensure that the authority of the Secretary of VA and Secretary of DOD could never be challenged or obstructed by any provision in the bill or by a secretary or commissioner from another part of government.

As currently written, H.R. 3962 would provide that the Secretary of Defense and the Secretary of VA retain sole authority over their respective health care systems only with respect to Subtitle A, the Health Insurance Exchange.  This was the original Buyer Amendment adopted in Energy and Commerce Committee.  However, it was limited to “Subtitle A” because of germaneness requirements.    The intent was that as the Committee bills were merged, the language would be revised to encompass the entire bill.  

The section-by-section analysis on the Energy and Commerce Committee Website states that Section 311 “makes clear that nothing in this act interferes with the Department of Veterans Affairs or Department of Defense’s existing authorities.”

In fact, this description is incorrect and our amendment would provide that the bill conform to the website’s assertion.

Buyer/McKeon Amendment #003:  Would amend section 342 of the bill to allow individuals enrolled in VA health care and TRICARE to be eligible for affordable tax credits.

Currently, H.R. 3962 defines an “affordable credit eligible individual” as one who is not enrolled in acceptable coverage – which would exclude individuals enrolled in VA health care or TRICARE.  

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