Gold Star Spouses Health Care Enhancement Act

Section 1079(g) of title 10, United States Code, is amended—

(1) in paragraph (2), by inserting except as provided by paragraph (5), after benefits under paragraph (1),; and

(2) by striking paragraph (5) and inserting the following:

(A) A dependent described in subparagraph (B) shall not be subject to the three-year time limit specified in paragraph (2) with respect to eligibility for benefits under TRICARE Prime.

(B) A dependent described in this subparagraph is a dependent for purposes of section 1072 of this title by reason of being a surviving spouse of a member of the armed forces whose death is covered by section 1126.

Section 1076a(k) of such title is amended—

(1) in paragraph (3), by striking Such term and inserting Except as provided by paragraph (4), such term; and

(2) by adding after paragraph (3) the following:

(A) A dependent described in subparagraph (B) shall not be subject to the three-year time limit specified in paragraph (3).

(B) A dependent described in this subparagraph is a dependent for purposes of section 1072 of this title by reason of being a surviving spouse of a member of the armed forces whose death is covered by section 1126.

The amendments made by this section shall apply with respect to a surviving spouse of a member of the Armed Forces whose death is covered by section 1126 of title 10, United States Code, regardless of whether such death occurred before the date of the enactment of this Act.