Page:United States Statutes at Large Volume 108 Part 4.djvu/179

 PUBLIC LAW 103-337—OCT. 5, 1994 108 STAT. 2813 SEC. 737. STUDY AND REPORT ON FmANCIAL RELIEF FOR CERTAIN MEDICARE-ELIGIBLE MILITARY RETIREES WHO INCUR MEDICARE LATE ENROLLMENT PENALTIES. (a) STUDY.— The Secretary of Defense, in consultation with the Secretary of Health and Human Services, shall conduct a study regarding possible financial relief from late enrollment penalties for military retirees and dependents of such retirees who— (1) reside within the service area (or former service area) of a military installation closed or approved for closure under a base closure law; and (2) have failed to enroll in a timely manner in medicare part B due to reliance upon the military treatment facility located at such installation. (b) REPORT.— Not later than March 31, 1995, the Secretary of Defense shall submit to Congress a report containing the results of the study required under subsection (a). The report shall also contain the following: (1) For each military installation studied, the number of military retirees within both a 40 mile and 65 mile catchment area who have failed to enroll in medicare part B and are subjected to late enrollment penalties. (2) A determination of the estimated aggregate amount ' of the penalties in terms of each military installation studied. (3) A description of the characteristics of the population that are subject to the penalties, such as age and income level. (4) An examination of the appropriateness of waiving the penalties. (5) A description of the Department of Defense funds that should be used to pay the penalties if waiver of the penalties is not recommended. (6) A proposed program for a special medicare part B enrollment period for affected retirees living near military installations already closed or which are designated for closure in the future. (7) Legislative recommendations for implementing a program which removes the financial burden from the medicareeligible beneficiaries who have been or will be adversely impacted by the closure of a military installation. (c) DEFINITIONS.— For purposes of this section: (1) The term "base closure law" means the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) and title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note). (2) The term "medicare part B" means the public health insurance program under part B of title XVIII of the Social Security Act. (3) The term "military treatment facility" means a facility of a uniformed service referred to in section 1074(a) of title 10, United States Code, in which health care is provided. SEC. 738. SENSE OF CONGRESS ON CONTINUITY OF HEALTH CARE SERVICES FOR COVERED BENEFICIARIES IN AREAS AFFECTED BY BASE CLOSURES. (a) SENSE OF CONGRESS.—I t is the sense of Congress that the Secretary of Defense should take all appropriate steps, including

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