S.1861 - Servicemember Healthcare Freedom Act of 2025 (119th Congress)
Summary
The Servicemember Healthcare Freedom Act of 2025 (S.1861) aims to amend Title 10 of the United States Code. The bill seeks to provide members of the Selected Reserve and National Guard, who are also federal government employees, with the option to choose between military (TRICARE Reserve Select) and civilian (Federal Employee Health Benefits) healthcare plans.
The bill addresses a current restriction where eligibility for FEHB prohibits enrollment in TRS plans. The proposed change intends to provide healthcare continuity for these service members throughout their mobilization cycles.
Ultimately, the bill aims to enhance the readiness and lethality of the Armed Forces by ensuring access to comprehensive, low-cost health insurance for its members.
Expected Effects
If enacted, this bill would allow members of the Selected Reserve and National Guard employed by the federal government to enroll in TRICARE Reserve Select (TRS) even if they are eligible for Federal Employee Health Benefits (FEHB).
This change would provide these individuals with greater flexibility in choosing their healthcare coverage. It would also potentially improve their access to care and overall well-being.
Potential Benefits
- Increased healthcare options for National Guard and Reserve members employed by the federal government.
- Improved continuity of care during and after mobilization.
- Potential for lower healthcare costs for some service members, depending on the plans available.
- Enhanced military readiness due to improved access to healthcare.
- Greater flexibility for service members to choose the healthcare plan that best meets their individual needs.
Potential Disadvantages
- Potential increased costs to the government if more service members opt for TRS over FEHB, although this is not explicitly stated or quantified.
- Possible administrative complexities in managing dual eligibility for healthcare benefits.
- Potential for confusion among service members regarding their healthcare options.
- The bill does not address healthcare access issues for service members not employed by the federal government.
- The bill's impact on the overall healthcare system is likely to be minimal, given the relatively small population it affects.
Constitutional Alignment
The bill appears to align with the Constitution's mandate to "provide for the common defence" (Preamble) by aiming to improve the health and readiness of the armed forces. Congress has the power to raise and support armies (Article I, Section 8, Clause 12) and to make rules for the government and regulation of the land and naval forces (Article I, Section 8, Clause 14). This bill falls under those enumerated powers.
Furthermore, providing healthcare benefits to service members can be argued to promote the "general Welfare" (Preamble) of those who serve the nation. There are no apparent constitutional conflicts related to individual rights or state powers.
However, the constitutionality of federal healthcare mandates has been debated, though this bill does not mandate healthcare, but rather provides a choice. The bill does not appear to infringe upon any specific constitutional right or principle.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).