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GAO-11-160R 1 (2011-02-16)

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        . A~countakbity I Integrity * Reliabiity
United States Government Accountability Office
Washington, DC 20548


           February 16, 2011

           The Honorable Lindsey 0. Graham
           United States Senate

           Subject: DOD Health Care: Prohibition on Financial Incentives That May Influence Health
                   Insurance Choices for Retirees and Their Dependents under Age 65

           Dear Senator Graham:

           From fiscal years 2001 through 2010, the Department of Defense's (DOD) spending for health
           care increased from about $19 billion to nearly $49 billion, representing approximately
           6 percent of DOD's total spending in fiscal year 2001 and approximately 9 percent in fiscal
           year 2010.' This health care spending primarily funds TRICARE-DOD's program that
           provides health care to active duty personnel and other beneficiaries, including retired
           servicemembers.2 According to DOD, the increase in its health care spending can be
           attributed to factors such as growth in the number of TRICARE beneficiaries. From fiscal
           years 2001 through 2010, the number of TRICARE beneficiaries increased by nearly
           15 percent, from 8.3 million to 9.5 million beneficiaries.

           To help reduce DOD's health care costs, Congress passed section 707 of the John Warner
           National Defense Authorization Act for Fiscal Year 2007 (section 707),' which went into
           effect January 1, 2008. Section 707 prohibits employers with 20 or more employees from
           offering financial or other incentives to their employees who are eligible for TRICARE to not
           enroll in the employer-sponsored health insurance plan or to terminate such coverage.
           Historically, some employers offered financial or other incentives, which resulted in shifting
           much of the cost of providing health care for these employees from the employer to DOD.
           TRICARE beneficiaries who might have been offered incentives are retirees and their
           dependents under age 65 who have access to employer-sponsored health insurance in
           addition to TRICARE.4 When these employees accepted the incentives and did not enroll in
           the employer-sponsored health insurance, TRICARE became the primary payer and paid a



           'Inj this report, fiscal year 2010 figures for DOD spending and TRICARE beneficiaries are estimates because actual
           figures were not available at the time we did our work.
           'In addition to TRICARE, DOD's total health care spending also includes activities such as research and
           development.
           'Pub. L. No. 109-364, § 707, 120 Stat. 2083, 2283-84 (2006) (codified at 10 U.S.C. § 1097c).
           4Retirees and their dependents age 65 or older are generally eligible for Medicare and are eligible for TRICARE
           benefits if they enroll in Medicare Part B. TRICARE is a secondary payer to Medicare. Employers are prohibited
           from offering incentives to Medicare-eligible employees to not enroll in a group health plan, including an
           employer-sponsored health plan. For active duty personnel, TRICARE coverage is automatic and is the primary
           coverage.


GAO-11-160R Section 707

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