HOUSE CONCURRENT RESOLUTION 15

(By Delegates Hillenbrand, Cooper, Ridenour, Honaker, Sheedy, Heckert, Kirby, Crouse, Nestor, Kimble, Griffith and Mazzocchi)

February 3, 2023

Referred to the Committee on Veterans’ Affairs and Homeland Security and then to the Committee on Rules

Requesting That the Joint Committee on Government and Finance send official correspondence to West Virginia’s federal delegations stating West Virginia veterans’ concerns and objections to the two TRICARE for Life ("TFL") proposals found in the Congressional Budget Office (CBO) biennial report that would significantly increase costs for seniors using the TFL benefit.

Whereas, The Legislature finds that a biennial report from the CBO takes aim at TRICARE For Life (TFL), offering two proposals among its options to cut the deficit that would significantly increase costs for seniors using the TFL benefit; and

Whereas, The Legislature finds that both TFL options would reduce the federal government's mandatory spending via unacceptable plans to shift health care costs from DoD to uniformed services retirees; and

Whereas, The Legislature finds that while these are not legislative proposals, West Virginia veterans believe we must address them as serious threats given recent cuts to the TRICARE pharmacy program and the series of TRICARE fee increases associated with military health system reforms; and

Whereas, The Legislature finds that the CBO proposal would require Medicare-eligible beneficiaries who choose to enroll in TFL to pay an annual enrollment fee of $575 for individual coverage or $1,150 for family coverage; and

Whereas, The Legislature finds that the other CBO measure would introduce minimum out-of-pocket requirements in TFL, including an $850 deductible. This means that TFL would not cover any of the first $850 of a beneficiary’s Medicare cost-sharing. After the deductible was satisfied, TFL would cover only 50% of the next $7,650 in Medicare cost-sharing; and

Whereas, The Legislature finds that this means TFL beneficiaries could face up to $4,675 in cost-sharing per year. Like the enrollment fee proposal, cost-sharing requirements would increase annually at the rate of Medicare cost increases; and

Whereas, The Legislature finds that the cost-sharing option would also require TFL beneficiaries seeking care from military treatment facilities (MTFs) to make payments roughly comparable to the charges they would face at civilian facilities. This would reduce their incentive to avoid out-of-pocket costs by switching to MTFs; and

Whereas, The Legislature finds that the CBO acknowledges these plans would discourage retirees from using their earned health care benefit. An enrollment fee would result in some beneficiaries foregoing TFL and switching to other Medicare supplemental plans; and

Whereas, The Legislature finds that the CBO notes the out-of-pocket cost plan would reduce Medicare spending because higher costs would lead beneficiaries to use fewer medical services despite seniors in the military health system already having slightly lower health care utilization than their civilian counterparts, according to DoD’s Evaluation of the TRICARE Program FY 2022 Report to Congress; and

Whereas, The Legislature finds that our nation must fulfill its obligations to those who served a full career in uniform; and

Whereas, The Legislature finds that The TFL benefit was a key component of the compensation and benefits package that sustained the all-volunteer force throughout two decades of war. The benefit must not be slashed just as the cohort that served their entire career during wartime is transitioning to retirement; and

Whereas, The Legislature finds that these proposals, if enacted, could cost service members past and present, as well as their families, survivors, and caregivers, thousands of dollars every year. Retirees and survivors would face TRICARE For Life enrollment fees and increased medical costs as well as receiving smaller cost-of-living increases for their retirement pay and survivor benefits. Veterans would see significant reductions in available VA care and reduced benefit payments. Service members and their families would suffer from a cap on pay raises and cuts to a critical housing benefit; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance send official correspondence to West Virginia’s federal delegations stating West Virginia veterans’ concerns and objections to the two TRICARE for Life proposals found in the CBO biennial report that would significantly increase costs for seniors using the TFL benefit; and, be it

Further Resolved, That the Clerk of the House forward a certified copy of this resolution to the Joint Committee on Government and Finance.