SUBCOMMITTEE NO. 4 HEARING ON S. 421, TO AMEND TITLE 10, UNITED STATES CODE, TO PROVIDE SPECIAL HEALTH CARE BENEFITS FOR CERTAIN SURVIVING DEPENDENTS; AND H.R. 1409, TO AMEND TITLE 10, UNITED STATES CODE, TO REMOVE THE RESTRICTION ON THE USE OF CERTAIN PRIVATE INSTITUTIONS UNDER THE DEPENDENTS' MEDICAL CARE PROGRAM HOUSE OF REPRESENTATIVES, SUBCOMMITTEE No. 4, Washington, D.C., Wednesday, July 7, 1971. The subcommittee met, pursuant to notice, at 10:30 a.m., in_room 2216, Rayburn House Office Building, the Honorable James A. Byrne (chairman of the subcommittee) presiding. Mr. BYRNE. Members of the committee, this meeting will now come to order. Mr. Cook will read my statement. Mr. Cook, please. Mr. Cook. Today, we meet to take up two bills, each of which is relatively simple, but the background is fairly complicated. (S. 421 follows:) [S. 421, 92d Cong., first sess.] AN ACT To amend title 10, United States Code, to provide special health care benefits for certain surviving dependents Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1079 of title 10, United States Code, is amended by adding the following new subsection at the end thereof: "(g) When a member dies while he is eligible for receipt of hostile fire pay under section 310 of title 37, United States Code, or from a disease or injury incurred while eligible for such pay, his dependents who are receiving benefits under a plan covered by subsection (d) of this section shall continue to be eligible for such benefits until they pass their twenty-first birthday." SEC. 2. This Act becomes effective as of January 1, 1967. However, no person is entitled to any benefits because of this Act for any period before the date of enactment. Passed the Senate May 4, 1971. FRANCIS R. VALEO, Secretary. Mr. Cook. S. 421 would amend title 10, United States Code, to provide special health care benefits for certain surviving dependents. The bill would provide care for mentally retarded and severely handicapped children of personnel who die while eligible for receipt of hostile fire pay, or from a disease or injury incurred while eligible for such pay until the children reach their 21st birthday. Existing law limits the special benefits for the mentally retarded and severely handicapped children under the CHAMPUS program to the eligible dependents of active duty members and thus, if someone (5465) 65-066-71 -No. 17 is killed in Vietnam, all benefits under this program terminate as of midnight on the date of his death. This seems to be placing an undue burden aipon the survivors of those who die as a result of combat duty. The eligibility for coverage under this bill would be retroactive to January 1, 1967, but provides that eligibility for payments will begin on the date of enactment. (H.R. 1409 follows:) . [H.R. 1409, 92d Cong., first sess.] A BILL To amend title 10, United States Code, to remove the restriction on the use of certain private institutions under the dependents' medical care program Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1079 (d) (4) of chapter 55, title 10, United States Code, is amended by striking out the word "nonprofit". SEC. 2. The amendment made by this Act shall be effective as of January 1, 1967. Mr. Cook. The second bill, H.R. 1409, would remove certain restrictions on the use of private institutions under the dependents medical care program. The purpose of the bill is to permit, under certain circumstances, the mentally retarded or physically handicapped spouses and children of active duty members of the uniformed services to use private institutions operated for profit when obtaining benefits under the civilian health and medical program of the uniformed services. The bill would eliminate the general prohibition on institutional care for eligible dependents in profitmaking private facilities. Such authorization would be retroactive to January 1, 1967, the date the "handicapped" program became effective. Experience since the date. of enactment has shown that in some instances care could be given in institutions for profit at a lower cost, with better services, than that given in nonprofit institutions and facilities. The removal of this restriction would not result in any additional cost to the Government. The Department of Defense, however, has recommended that section 2 of H.R. 1409 be deleted. This section would make eligibility and payments begin on the date of the enactment. I mentioned earlier that this legislation had had somewhat of a unique history. In the 91st Congress, this committee and the House of Representatives passed H.R. 8413, a bill which would do three things. First, it would permit care in other nonprofit institutions under the handicapped program. Second, it would provide for care for mentally retarded or physically handicapped dependents of military personnel killed while receiving hostile-fire pay or died from diseases while receiving hostile-fire pay. (In this regard, the bill passed last year was very similar to S. 421 which we are considering today.) Third, it would provide that the medical benefits received by dependents of active duty personnel be extended for 1 year for those dependents of one who died while receiving hostile-fire pay or died from diseases incurred while receiving hostile-fire pay. (This is referred to as the so-called pregnant wives bill and was passed by the House of Representatives in the 90th Congress.) After the bill, H.R. 8413, was sent to the Senate last year, the Senate Armed Services Committee chose to pass a bill almost identical to S. 421 and sent it to the House. (There was no action taken by this committee on the Senate bill.) JPK/G3/12/7 KF2 .A7655 5467 It would be my suggestion that we pass S. 421 exactly as it passed the Senate and return it. Then, we could amend H.R. 1409 to include the so-called pregnant wives bill and send these over as two pieces of legislation. In doing so, I feel confident and have assurances that the Senate will carefully consider these bills if we sent them over in that form. Mr. BYRNE. Are there any questions by members of the committee? Mr. HUNT. On this one, Mr. Chairman, on page 3, I understand the medical benefits for benefits is now extended for 1 year, that is the present law, I understand that one. The other portion "or died from diseases incurred while receiving hostile-fire pay," is that a comprehensive? Mr. Cook. That is comprehensive. They had to receive the disease while receiving hostile-fire pay or died as a result of it. Mr. HUNT. Are these cases enumerated? Mr. COOK. No, sir; just listed Mr. HUNT. It is pretty broad. There could be a lot of diseases incurred by their own peculiar actions. They might be receiving hostile pay and get back in Saigon and get something that will fix them up. Mr. Cook. You are correct. Mr. HUNT. I think there should be some enumeration in there on that, some definition to be included. Mr. Cook. We will ask DOD about that. Mr. HUNT. Thank you.. Mr. BYRNE. The first witness today will be the distinguished colleague of the Armed Services Committee, the Honorable G. V. (Sonny) Montgomery. STATEMENT OF HON. G. V. (SONNY) MONTGOMERY, REPRESENTATIVE FROM MISSISSIPPI Mr. MONTGOMERY. Thank you, Mr. Chairman. I have a brief statement. I would like to read the statement if that will be in order, Mr. Chairman. Mr. BYRNES. That will be in order. Mr. MONTGOMERY. The Military Medical Benefits Amendments of 1966 (Public Law 89-614) authorized the establishment of a unique and special program for the treatment of mentally retarded dependents of active duty members. Military personnel are required to share in the cost of any benefits provided their dependents under this special program. I might say I am testifying in behalf of Senate bill 421, which was introduced in the Senate by Senator Stennis from my State who is also chairman of the Senate Armed Services Committee. Since existing law limits these special benefits under the civilian health and medical health and medical program of the uniformed services (CHAMPUS) to the eligible dependents of active duty members, it follows that when a member is killed in Vietnam all benefits under this special program terminate as of midnight of the date of his death. I personally became aware of this manifestly unjust situation when a constituent of mine, Sgt. Maj. James H. Palmer, was killed on April 27, 1970, while on active duty in Vietnam. Sergeant Major Palmer, |