Search Results for: National Defense Authorization Act

The 2021 National Defense Authorization Act (NDAA) included a bipartisan agreement made by the House and Senate members requiring that the Secretary of Defense implement a plan submitted by a commission to rename 10 military bases that are named after Confederate Generals. The 10 bases that will be renamed are Ft. Bragg in North Carolina; Camp Beauregard and Fort Polk in Louisiana; Fort Benning and Fort Gordon in Georgia; Fort A.P. Hill, Fort Lee and Fort Pickett in Virginia, Fort Hood in Texas and Fort Rucker in Alabama. The army bases were named by the War Department during World War I and II and are now getting a name change.

Part of the 2021 NDAA was that a commission is formed to plan the 10 Army bases’ renaming. The NDAA stated that the commission would be composed of eight members, four of which would be appointed by the Secretary of Defense and appointed no later than 45 days after the bill passes. On January 8, 2021, Acting Defense Secretary Chris Miller announced the appointment of four people to the commission assigned with the task of renaming these military bases. Acting Defense Secretary Chris Miller selected Sean McLean of California, Joshua Whitehouse of New Hampshire, Anne G. Johnston of North Carolina and Earl Matthews of Pennsylvania to the Commission on the Naming of Items of the Department of Defense that Commemorate the Confederate States of America or Any Person Who Served Voluntarily with the Confederate States of America. The other four members will be selected by the House and Senate Armed Services Committees’ ranking members.

The NDAA provides specifics on the meetings and reports required as part of the commission. Per the bill, the commission must hold its first meeting within the first 60 days after the bill becomes the law and must brief the Armed Services Committee on the current plans no later than October 1^st, 2021. The commission has been given three years to complete the plan for the name changes. By October 1, 2022, the commission must brief their plan of the costs associated with the “renaming or removing the names, symbols, displays, monuments, or paraphernalia that commemorate the Confederate States of American or any person who served voluntarily with the Confederate States of America” including the procedures for the renaming. For further details about the Commission can be read in Section 377 of the National Defense Authorization Act here in the Senate version of the bill. While H.R. 6395 National Defense Authorization Act for Fiscal Year 2021 has become a public law as of 01/01/2021, the full public text is not currently available as of this writing.

The U.S. Armed Forces Branch not the Netflix TV Show

The United States Space Force (USSF) is the newest branch of the Armed Forces and was established on December 20, 2019 in the Fiscal Year 2020 National Defense Authorization Act. It is due to be stood-up by June, 2022 (18 months from inception). Space affects almost every area of our daily lives now. Satellites in space are crucial to internet, phone service, and GPS technology. First responders use the technology to communicate and it is important for financial services such as paying with a credit card at a gas pump. This is the first new military branch since the Air Force was established in 1947.

USSF has not decided what service members will be called yet but “Spacers” for lack of a better term are going to be at the forefront of technology. Missions will include launching rockets, protecting satellites and keeping them operational and developing technology to make this happen. Because Space has become so critical to our nation’s infrastructure, it was determined that it needed its own branch of military for its defense.

The USSF’s first task was to establish a fully functioning headquarters at the Pentagon and work with the U.S. Air Force to transfer forces into USSF. Staff from the Air Force Space Command headquarters at Peterson Air Force Base have become a command element for USSF.

Space Force Facts

• General Jay Raymond is the first Chief of Space Operations appointed by the president. Chief Master Sergeant Roger Towberman is the first Senior Enlisted Advisor.
• Just like the Joint Chiefs, the USSF Headquarters and the Office of the Chief of Space Operations are at the Pentagon.
• Military and civilian personnel involved in space operations for the Air Force Space Command will comprise the initial personnel for USSF. Other units and personnel for the Air Force will transfer to USSF in the coming months.
• The Air Force Space Command is now the U.S. Space Force. Currently those who transferred will remain Airmen with the U.S. Air Force. Over the coming months those in space jobs will be transferred to USSF while those in other jobs will just be assigned to USSF.
• Peterson AFB in Colorado is a critical hub for USSF.
• The initial force is about 16,000 civilians and military assigned on Dec 20, 2019 from the former Air Force Space Command. Those with desired job skills will have the opportunity to transfer to USSF.

The recent recruiting video makes this statement, “Maybe your purpose on this planet isn’t on this planet.” Pretty thought provoking. Over the next year we will start seeing more specifics on what this branch will be. Of course, everyone wants to know what the uniforms are going to look like. There is currently a design process taking place.

On an interesting note, Netflix premiered “Space Force”, a new comedy series staring  Steve Carell on May, 29. As early as January 2019, Netflix was seeking to trademark the name “Space Force” not only in the U.S. but Europe, Australia, Mexico and more. The U.S. has a pending application to register the trademark. Definitely a potential conflict. It will be interesting to see how this shakes out. Having watched a few episodes of the show, it is like a military version of “The Office” the show that made Steve Carell famous. It is pretty funny, but not too complimentary to the branch.

What are your thoughts? Do you think we need a new military branch?

*Information on the Space Force was compiled from the USSF official website.

Marguerite Cleveland is a freelance writer who specializes in human interest and travel stories. She is a military brat, a veteran and now a military spouse.  Her military experience is vast as the daughter of a Navy man who served as an enlisted sailor and then Naval Officer. She served as an enlisted soldier in the reserves and on active duty, then as an Army Officer. She currently serves as a military spouse. She lives in the Pacific Northwest with her husband and two sons. Visit her website www.PeggyWhereShouldIGo.com

Troops are reliant on the military medical machine. But there isn’t much, if any, recourse when something goes awry. For years, the Feres Doctrine has prevented military personnel from doing anything.

With a late 2019 legal decision, the Feres Doctrine loosened up and finally gave troops options to seek justice when their medical care isn’t up to par.

What You Need to Know Now About the Feres Doctrine

Just what exactly these changes mean for you, your family and your medical is an important issue. One that we all need to be tracking as things shift.

What Is the Feres Doctrine?

In 1950, the Supreme Court handed down a decision that greatly expanded immunity for the US government.

It’s connected to the 1946 Federal Tort Claims Act. As part of this law, the federal government gained immunity to claims that arise from wartime combat. In 1950, the Supreme Court added non-combat or incident of service injuries. Meaning that sexual assault, toxic poisoning, medical negligence and other non-combat related injuries cannot be the basis of legal action against the US government or military.

Justice Antonin Scalia acknowledged that Feres was wrongly decided in 1987.

And then the Supreme Court left it up to Congress to fix.

Over the years, Congress has attempted to correct Feres, but major changes haven’t been made.

Until now.

How Feres Changed in 2019

As part of the 2020 National Defense Authorization Act, military troops would be able to seek just compensation for medical malpractice by military doctors. In order to initiate the process, there is a new claims procedure being put into place.

This bill, however, stops short of allowing military troops to sue, a right that civilians have in the case of medical malpractice.

Additionally, there are limits to compensation and imposes financial burdens on troops making medical malpractice claims. The Department of Defense will be liable for only a portion of compensation due to a victim of medical malpractice by a DoD doctor.

The government will also not be liable to pay attorneys’ fees. Fees recovered by attorneys are limited to 20% of the paid claim.

Military Docs Missed Major Health Problem

The most recent changes were moved forward by Congresswoman Jackie Spier (D – CA). Earlier in 2019, Congresswoman Spier introduced the Sgt. First Class Richard Stayskal Military Medical Accountability Act.

Sgt. 1st Class Stayskal, an Army and USMC veteran, had seen military medical personnel repeatedly due to breathing problems and growing concerns over his health. Each time, he was told it was just asthma or pneumonia.

It was only when he sought another opinion from a civilian pulmonologist that Sgt. Stayskal learned that he had Stage 4 lung cancer. Military doctors and specialists had apparently missed a 3cm mass in one of his lungs.

This gross negligence spurred Congresswoman Spier and other political allies to create a movement for legal change, introducing the Stayskal Military Medical Accountability Act and pushing to allow troops to seek justice against medical malpractice.

This incident follows upon decades of troops being injured or dying, in military service, in non-combat situations.

Army Capt. Katie Blanchard was attacked with gasoline and lit on fire by a civilian colleague. The civilian employee had been brought to the attention of supervisors. He was seen as a threat to others, ultimately completely disfiguring Capt. Blanchard.

She was not allowed to seek damages from the military.

Navy Lt. Rebekah Daniel died during childbirth at a military medical facility. Her surviving spouse, Walter Daniel, sued and the case rose to the Supreme Court in May 2019. Ultimately, Walter Daniel v. United States was denied Supreme Court consideration. However, Justices Ruth Bader Gindberg and Clarence Thomas called for a review of the case.

Lt. Daniel’s case will not benefit from the most recent changes to Feres.

The Feres Doctrine’s roots are in another Supreme Court case from post-World War II. Lt. Rudolph Feres had served his country in Europe, and survived. Only to be killed in a barracks fire after the war.

Lt. Feres’ widow attempted to sue the US military for negligence in the death of her husband. The fight took them to the Supreme Court, which handed down the decision preventing troops from suing in all cases of illness, injury or death related to any military service.

This law has been allowed to stand, with limited changes, since then.

How New Feres Will Impact You

If you’ve been the victim of medical malpractice by a military doctor, you have up to two years after the incident to submit your claim to the DoD. The process for actually submitting a claim remained undefined at the time of publication.

After review, approved cases up to $100,000 can be directly paid out by the DoD. Cases approved for settlements in excess of $100,000 will be referred to the US Treasury for additional review.

In order to be considered, your medical malpractice must not have occurred in a combat zone.

Medical malpractice cases that predate 2017 have no options for recourse. However, cases occurring in 2017 will be able to file claims through the end of 2020. Following that, cases must have occurred within a two-year window, prior to the date the claim is being submitted.

Were you the victim of military medical malpractice? How do you feel about the changes to Feres? Does it go far enough? Sound off in the comments!

According to recent coverage by MOAA, Tricare will soon be dropping thousands of prescriptions from coverage at MTFs and by mail. You’ll still be able to get the medications you need – just from a retail pharmacy and at full cost.

Will Tricare Still Cover Your Prescriptions?

These most recent changes follow on the heels of a shift started in fiscal year 2018. During the National Defense Authorization Act, the Defense Health Agency was authorized to move certain types of drugs to Tier 4, medications that are no longer covered in any way by Tricare. Their cost does not apply to the annual catastrophic cap either.

Tier 4 drugs are supposed to be limited to those that:

• Offer little to no benefit generally or relatively
• Are in danger of doing more harm than good
• Could be replaced by another drug
• Come at a higher cost than covered alternative medications

At first, this wasn’t a huge issue. The prescription medications impacted were used by relatively few beneficiaries, according to MOAA.

In August 2019, the first round of Tier 4 medications was announced. It included:

• Glumetza: an anti-diabetic medication
• Vimovo: used to treat various forms of arthritis
• Lexette: a psoriasis treatment

Relatively few of Tricare’s beneficiaries used these specific medications.

Widely Used Prescriptions Get Bumped to Tier 4

In November 2019, Dexilant, a GERD medication, was removed. This change impacted approximately 19,000 Tricare beneficiaries according to MOAA.

At the start of 2020, MOAA learned that Tricare and the DHA were considering moving Cialis and Viagra to the Tier 4 list. This decision was pending a final decision from the DHA director as of mid-January 2020.

A review panel voted 6-2 to remove the brand name medications from the formulary, or covered, drugs. Only the generic version of these drugs would remain available via Express Scripts or an MTF pharmacy.

This vote also determined that men over age 40 would not need prior authorization from their PCM to receive erectile dysfunction drugs. Men under age 40 or those with enlarged prostates would still need authorization.

In addition, this policy change would move other brand name and generic erectile dysfunction drugs to the Tier 4 list. Those could include:

• Stendra
• Staxyn
• Levitra
• all associated generics of these brand names

From Covered to Non-Covered

When this new tier of medications was announced for fiscal year 2018, a process for consideration was also released.

New drugs could be considered for the move to Tier 4 quarterly on a limited basis. This allowed DHA to identify reasonable generic or formulary alternatives to replace the possibly non-covered medication.

The removal of a medication’s coverage status would take place over an extended period. This would allow patients to consult with their doctors about alternative treatments.

Express Scripts, the prescription mailing service used by Tricare, would also notify beneficiaries of their medication’s tier change 30-60 days before the final switch. At that time, patients would also be informed of next steps to take to ensure continued care.

MOAA’s Concern Over Tier 4 Drug Changes

While there are checks in place to prevent a large number of beneficiaries from feeling the impact of a drug’s change in status, MOAA is concerned that this might not be enough.

They cite the 19,000 patients impacted by Dexilant’s Tier 4 status change in November 2019. There are currently three other formulary alternatives available that are comparable to Dexilant, per a January 29, 2020 search of the Tricare formulary database.

In addition, MOAA is concerned that the panel has not followed the 2018 policy language with fidelity. They especially point to the phrase “provide very little to no clinical effectiveness.” MOAA does not seem to support the idea that the targeted erectile dysfunction medications or the GERD medication meet this standard for exclusion from the formulary.

How often do you check to make sure your medication is still covered by Tricare? Sound off in the comments!