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MIlitary Health Care: The Issue of 'Promised' Benefits (CRS Report for Congress)

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Release Date Revised Jan. 19, 2006
Report Number 98-1006
Authors David F. Burrelli, Foreign Affairs, Defense, and Trade Division
Source Agency Congressional Research Service
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Summary:

In recent years, numerous efforts have been made to increase, or prevent anydecrease, of health care benefits and options available to military retirees. Manymilitary retirees and others seeking these increases, or attempting to prevent anydecrease in their benefits, often argue their claims based on assertions that themedical care promised to them is no longer available. These retirees say that therelatively large military medical infrastructure that existed during the cold warprovided greater access for retirees. They note that as a result of the reduction of thesize of the Department of Defense (DOD), fewer DOD medical facilities areavailable. In certain instances, organizations representing military retirees havealluded to broken promises. Some individuals have stated that the promised benefitsincluded what they term "free" health care for life; others describe the promise as"free care for life in military health care facilities."Congressional report language and recent court decisions based on a review ofthe legislative history of the statutory language related to military health care forretirees and dependents have not supported these assertions. These arguments alsohave not been supported by authoritative written documentation.In apparent response, a number of bills have been introduced seeking to expandmilitary health care options. In the 108th Congress, at least two of these bills (H.R.58 and S. 56) cite a "promise" or "commitment" as the rationale for provisions thatwould "restore health care coverage to retired members of the uniformed services."More recently, H.R. 602 and S. 407, "Keep Our Promises to America's MilitaryRetirees Act," were introduced in the 109th Congress. These have attracted arelatively large number of co-sponsors. (These bills are discussed in more detail inthe "Recent Legislation" section of this report.) Although previous attempts to passsuch legislation have failed, Congress substantially expanded the military retireehealth care benefits via the FY2001 National Defense Authorization Act.