excluding military dependents from coverage?

[jstorch]

I am reviewing a health plan that says that dependents in military service are not covered by the plan. Any prohibitions on such a provision?

I have looked at TRICARE nondiscrimination rules and commentary, and the provision does not on its face violate the TRICARE provisions.

10 U.S.C. §1097c(a) prohibits offering incentives to waive other coverage and take TRICARE--no incentive involved here.

10 U.S.C. §1097c(b) says, "A TRICARE-eligible employee shall have the opportunity to elect to participate in the group health plan offered by the employer of the employee and receive primary coverage for health care services under the plan in the same manner and to the same extent as similarly situated employees of such employer who are not TRICARE-eligible employees." The questionable provision does not affect the opportunity of TRICARE-eligible employees to elect participation to the same extent as non-TRICARE-eligible.