Under the Department of Defense Authorization Act (P.L.102-190) of 12/5/ 91, individuals have their TRICARE benefits restored if they prove they are:

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  under age 65; and

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  entitled to Part A of Medicare on the basis of disability;

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  if dually eligible for Medicare on the basis of DIB and ESRD, had Medicare initially based on DIB; and

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  enrolled in Part B (SMI).

Disabled TRICARE beneficiaries have prescription drug coverage that TRICARE provides and Medicare does not. They also receive certain payments from TRICARE towards Medicare deductibles and coinsurance.

Equitable relief was made available for disabled beneficiaries who:

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  lost TRICARE,

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  had HI,

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  were not enrolled in SMI, and

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  missed the 1992 GEP because prompt notice was not sent about their right to be reenrolled in TRICARE if they have SMI.

The 1992 GEP was extended under equitable relief to undo the harm resulting from DoD's failure to notify former TRICARE beneficiaries (who have HI based on disability) of the change in the law.

Enrollment at any time during 1992 was deemed to be enrollment during the 1992 GEP, and SMI began 7/1/92.

No change was made in calculating the premium surcharge for late enrollment. Months after the end of the IEP through 3/92 (the end of the “deemed enrolled” GEP) had to be counted (excluding months, if any, as provided in HI 01001.010).