Bill Would Fix Reserve Health Care Gap

A provision in the fiscal 2006 National Defense Authorization Act would allow reservists to elect Tricare coverage in advance of reporting for active duty and still retain their employer-sponsored health plan. Under existing law, if reservists elect Tricare coverage prior to departing for military duty and do not continue to maintain their employer-sponsored health care, the Uniformed Services Employment and Reemployment Rights Act treats them as if they were not covered under the employer-sponsored health plan. Thus when they return from military duty they are not entitled to immediate reinstatement in the health plan because they were not in the plan when they departed. The act also would cover reservists who terminate their plans upon receipt of orders but who, because of a change in mobilization plans, are never called to active duty.