Sec. 2. Health Equity and Access for Returning Troops and Servicemembers and Rural Relief Act of 2019

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Subsection

(d)of section 1086 of title 10, United States Code, is amended by adding at the end the following new paragraph: The requirement in paragraph (2)(A) to enroll in the supplementary medical insurance program under part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq.) shall not apply to a person described in subparagraph

(B)during any month in which such person is not entitled to a benefit described in subparagraph

(A)of section 226(b)(2) of the Social Security Act ( 42 U.S.C. 426(b)(2) ) if such person has received the counseling and information under subparagraph (C). A person described in this subparagraph is a person— who is under 65 years of age; who is entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act pursuant to subparagraph

(A)or

(C)of section 226(b)(2) of such Act ( 42 U.S.C. 426(b)(2) ); whose entitlement to a benefit described in subparagraph

(A)of such section has terminated due to performance of substantial gainful activity; and who is retired under chapter 61 of this title. The Secretary of Defense shall coordinate with the Secretary of Health and Human Services and the Commissioner of Social Security to notify persons described in subparagraph

(B)of, and provide information and counseling regarding, the effects of not enrolling in the supplementary medical insurance program under part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq.), as described in subparagraph (A). . Paragraph (2)(A) of such subsection is amended by striking is enrolled and inserting except as provided by paragraph (6), is enrolled . Section 1110a of such title is amended by adding at the end the following new subsection: In carrying out subsection (a), the Secretary of Defense shall coordinate with the Secretary of Health and Human Services and the Commissioner of Social Security to— identify persons described in subparagraph

(B)of section 1086(d)(6) of this title; and provide information and counseling pursuant to subparagraph

(C)of such section. . Section 1839(b) of the Social Security Act ( 42 U.S.C. 1395r(b) ) is amended, in the second sentence, by inserting or months for which the individual can demonstrate that the individual is an individual described in paragraph (6)(B) of section 1086(d) of title 10, United States Code, who is enrolled in the TRICARE program pursuant to such section after an individual described in section 1837(k)(3) . Not later than October 1, 2024, the Secretary of Defense, the Secretary of Health and Human Services, and the Commissioner of Social Security shall jointly submit to the Committees on Armed Services of the House of Representatives and the Senate, the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives, and the Committee on Finance of the Senate a report on the implementation of section 1086(d)(6) of title 10, United States Code, as added by paragraph (1). Such report shall include, with respect to the period covered by the report— the number of individuals enrolled in TRICARE for Life who are not enrolled in the supplementary medical insurance program under part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq.) by reason of such section 1086(d)(6); and the number of individuals who— are retired from the Armed Forces under chapter 61 of title 10, United States Code; are entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act pursuant to receiving benefits for 24 months as described in subparagraph

(A)or

(C)of section 226(b)(2) of such Act ( 42 U.S.C. 426(b)(2) ); and because of such entitlement, are no longer enrolled in TRICARE Standard, TRICARE Prime, TRICARE Extra, or TRICARE Select under chapter 55 of title 10, United States Code. Section 1898(b)(1) of the Social Security Act ( 42 U.S.C. 1395iii(b)(1) ) is amended by striking during and after fiscal year 2021, $0 and inserting during and after fiscal year 2024, $5,000,000 . The amendments made by paragraphs

(1)and

(2)shall apply with respect to a person who, on or after October 1, 2023, is a person described in section 1086(d)(6)(B) of title 10, United States Code, as added by paragraph (1). Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended— in subsection (s)(2)— in subparagraph (GG), by striking and at the end; in subparagraph (HH), by striking the period and inserting ; and ; and by adding at the end the following new subparagraph: a prostate cancer DNA Specimen Provenance Assay test (DSPA test) (as defined in subsection (kkk)); ; and by adding at the end the following new subsection: The term prostate cancer DNA Specimen Provenance Assay Test (DSPA test) means a test that, after a determination of cancer in one or more prostate biopsy specimens obtained from an individual, assesses the identity of the DNA in such specimens by comparing such DNA with the DNA that was separately taken from such individual at the time of the biopsy. . Section 1862(a)(1) of the Social Security Act ( 42 U.S.C. 1395y(a)(1) ) is amended— in subparagraph (O), by striking and at the end; in subparagraph (P), by striking the semicolon at the end and inserting , and ; and by adding at the end the following new subparagraph: in the case of a prostate cancer DNA Specimen Provenance Assay test (DSPA test) (as defined in section 1861(kkk)), unless such test is furnished on or after January 1, 2020, and before January 1, 2025, and such test is ordered by the physician who furnished the prostate cancer biopsy that obtained the specimen tested; . Section 1834 of the Social Security Act ( 42 U.S.C. 1395m ) is amended by adding at the end the following new subsection: Subject to subparagraph (B), the payment amount for a prostate cancer DNA Specimen Provenance Assay test (DSPA test) (as defined in section 1861(kkk)) shall be $200. Such payment shall be payment for all of the specimens obtained from the biopsy furnished to an individual that are tested. Payment for a DSPA test under subparagraph

(A)may only be made on an assignment-related basis. No separate payment shall be made for obtaining DNA that was separately taken from an individual at the time of a biopsy described in subparagraph (A). The Secretary shall assign one or more HCPCS codes to a prostate cancer DNA Specimen Provenance Assay test and may use a modifier to facilitate making payment under this section for such test. The Secretary shall require an indication on a claim for a prostate cancer DNA Specimen Provenance Assay test of whether the DNA of the prostate biopsy specimens match the DNA of the individual diagnosed with prostate cancer. Such indication may be made through use of a HCPCS code, a modifier, or other means, as determined appropriate by the Secretary. The Secretary shall review at least three years of claims under part B for prostate cancer DNA Specimen Provenance Assay tests to identify whether the DNA of the prostate biopsy specimens match the DNA of the individuals diagnosed with prostate cancer. Not later than July 1, 2023, the Secretary shall post on the internet website of the Centers for Medicare & Medicaid Services the findings of the review conducted under subparagraph (A). . Section 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) ) is amended— by striking and

(CC)and inserting

(CC); and by inserting before the semicolon at the end the following: , and

(DD)with respect to a prostate cancer DNA Specimen Provenance Assay test (DSPA test) (as defined in section 1861(kkk)), the amount paid shall be an amount equal to 80 percent of the lesser of the actual charge for the test or the amount specified under section 1834(x) .

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Sec. 2

Health Equity and Access for Returning Troops and Servicemembers and Rural Relief Act of 2019

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