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10 U.S.C. § 1081 (ARMED FORCES)
§ 1081. Contracts for medical care for spouses and children: review and adjustment of payments
Each plan under section 1079 of this title shall provide for a review, and if necessary an adjustment of payments, by the appropriate administering Secretary, not later than 120 days after the close of each year the plan is in effect.
(Added Pub. L. 85–861, § 1(25)(B), Sept. 2, 1958, 72 Stat. 1449; amended Pub. L. 96–513, title V, § 511(36), Dec. 12, 1980, 94 Stat. 2923; Pub. L. 97–375, title I, § 104(a), Dec. 21, 1982, 96 Stat. 1819; Pub. L. 98–94, title XII, § 1268(5)(A), Sept. 24, 1983, 97 Stat. 706; Pub. L. 98–557, § 19(9), Oct. 30, 1984, 98 Stat. 2870.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1081
37:412.
June 7, 1956, ch. 374, § 202, 70 Stat. 253.
The words “Each plan under section 1079 of this title” are substituted for the words “Any insurance, medical service, or health plan or plans which may be entered into by the Secretary of Defense with respect to medical care under the provisions of this chapter”. The words “after the close of each year the plan is in effect” are substituted for the words “after the first year the plan or plans have been in effect and each year thereafter”. The words “Not later than” are substituted for the word “within”.
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 1081, act Aug. 10, 1956, ch. 1041, 70A Stat. 86, related to notification of elections, prior to repeal by Pub. L. 85–861, § 36B(5), Sept. 2, 1958, 72 Stat. 1570, as superseded by the Federal Voting Assistance Act of 1955 which is classified to subchapter I–D (§ 1973cc et seq.) of chapter 20 of Title 42, The Public Health and Welfare.
heading: Amendments
text: 1984—Pub. L. 98–557 substituted reference to appropriate administering Secretary for reference to Secretary of Defense and Secretary of Health and Human Services.
1983—Pub. L. 98–94 struck out “; reports” after “adjustment of payments” in section catchline.
1982—Pub. L. 97–375 struck out requirement that the Secretary of Defense report to the Committees on Armed Services of the Congress amounts paid and adjustments made during the year covered by the review not later than 90 days after such review.
1980—Pub. L. 96–513 substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1980 Amendment
text: Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
10 U.S.C. § 1082 (ARMED FORCES)
§ 1082. Contracts for health care: advisory committees
To carry out sections 1079–1081 and 1086 of this title, the Secretary of Defense may establish advisory committees on insurance, medical service, and health plans, to advise and make recommendations to him. He shall prescribe regulations defining their scope, activities, and procedures. Each committee shall consist of the Secretary, or his designee, as chairman, and such other persons as the Secretary may select. So far as possible, the members shall be representative of the organizations in the field of insurance, medical service, and health plans. They shall serve without compensation but may be allowed transportation and a per diem payment in place of subsistence and other expenses.
(Added Pub. L. 85–861, § 1(25)(B), Sept. 2, 1958, 72 Stat. 1449; amended Pub. L. 89–614, § 2(8), Sept. 30, 1966, 80 Stat. 866.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1082
37:413.
June 7, 1956, ch. 374, § 203, 70 Stat. 253.
The word “organizations” is inserted for clarity. The words “consult” and “or plans” are omitted as surplusage.
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 1082, act Aug. 10, 1956, ch. 1041, 70A Stat. 87, related to extension of time limit for making ballots available, prior to repeal by Pub. L. 85–861, § 36B(5), Sept. 2, 1958, 72 Stat. 1570, as superseded by the Federal Voting Assistance Act of 1955 which is classified to subchapter I–D (§ 1973cc et seq.) of chapter 20 of Title 42, The Public Health and Welfare.
heading: Amendments
text: 1966—Pub. L. 89–614 substituted “Contracts for health care” for “Contracts for medical care for spouses and children” in section catchline and included reference to section 1086 in text.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1966 Amendment
text: For effective date of amendment by Pub. L. 89–614, see section 3 of Pub. L. 89–614, set out as a note under section 1071 of this title.
heading: Termination of Advisory Committees
text: Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See sections 3(2) and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.
10 U.S.C. § 1083 (ARMED FORCES)
§ 1083. Contracts for medical care for spouses and children: additional hospitalization
If a dependent covered by a plan under section 1079 of this title needs hospitalization beyond the time limits in that plan, and if the hospitalization is authorized in medical facilities of the uniformed services, he may be transferred to such a facility for additional hospitalization. If transfer is not feasible, the expenses of additional hospitalization in the civilian facility may be paid under such regulations as the Secretary of Defense may prescribe after consulting the other administering Secretaries.
(Added Pub. L. 85–861, § 1(25)(B), Sept. 2, 1958, 72 Stat. 1449; amended Pub. L. 96–513, title V, § 511(36), Dec. 12, 1980, 94 Stat. 2923; Pub. L. 98–557, § 19(10), Oct. 30, 1984, 98 Stat. 2870.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1083
37:423.
June 7, 1956, ch. 374, § 303, 70 Stat. 254.
The words “dependent covered by a plan under section 1079 of this title” are substituted for the words “person who is covered under an insurance, medical service, or health plan or plans, as provided in this chapter”. The words “period of”, “or plans”, and “required by such person in a civilian facility” are omitted as surplusage.
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 1083, act Aug. 10, 1956, ch. 1041, 70A Stat. 87, related to transmission, delivery, and return of post cards, ballots, etc., prior to repeal by Pub. L. 85–861, § 36B(5), Sept. 2, 1958, 72 Stat. 1570, as superseded by the Federal Voting Assistance Act of 1955 which is classified to subchapter I–D (§ 1973cc et seq.) of chapter 20 of Title 42, The Public Health and Welfare.
heading: Amendments
text: 1984—Pub. L. 98–557 substituted reference to other administering Secretaries for reference to Secretary of Health and Human Services.
1980—Pub. L. 96–513 substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1980 Amendment
text: Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
10 U.S.C. § 1084 (ARMED FORCES)
§ 1084. Determinations of dependency
A determination of dependency by an administering Secretary under this chapter is conclusive. However, the administering Secretary may change a determination because of new evidence or for other good cause. The Secretary’s determination may not be reviewed in any court or by the Comptroller General, unless there has been fraud or gross negligence.
(Added Pub. L. 85–861, § 1(25)(B), Sept. 2, 1958, 72 Stat. 1450; amended Pub. L. 89–614, § 2(1), Sept. 30, 1966, 80 Stat. 862; Pub. L. 96–513, title V, § 511(34)(A), (36), Dec. 12, 1980, 94 Stat. 2922, 2923; Pub. L. 98–557, § 19(11), Oct. 30, 1984, 98 Stat. 2870; Pub. L. 108–375, div. A, title X, § 1084(c)(1), Oct. 28, 2004, 118 Stat. 2061.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1084
37:404.
June 7, 1956, ch. 374, § 304, 70 Stat. 254.
The words “the General Accounting Office” are substituted for the words “any accounting officer of the Government” for clarity. The words “All” and “for all purposes” are omitted as surplusage.
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 1084, act Aug. 10, 1956, ch. 1041, 70A Stat. 87, related to administration of former sections 1071 to 1086 of this title, prior to repeal by Pub. L. 85–861, § 36B(5), Sept. 2, 1958, 72 Stat. 1570, as superseded by the Federal Voting Assistance Act of 1955 which is classified to subchapter I–D (§ 1973cc et seq.) of chapter 20 of Title 42, The Public Health and Welfare.
heading: Amendments
text: 2004—Pub. L. 108–375 substituted “Comptroller General” for “General Accounting Office”.
1984—Pub. L. 98–557 substituted reference to administering Secretary for reference to Secretary of Defense and Secretary of Health and Human Services and reference to administering Secretary for reference to he.
1980—Pub. L. 96–513 substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”, and “this chapter” for “sections 1071–1087 of this title”.
1966—Pub. L. 89–614 substituted “1087” for “1085”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1980 Amendment
text: Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
heading: Effective Date of 1966 Amendment
text: For effective date of amendment by Pub. L. 89–614, see section 3 of Pub. L. 89–614, set out as a note under section 1071 of this title.
10 U.S.C. § 1092a (ARMED FORCES)
§ 1092a. Persons entering the armed forces: baseline health data
(a) Program Required.—
The Secretary of Defense shall carry out a program—
(1) to collect baseline health data from each person entering the armed forces, at the time of entry into the armed forces; and
(2) to provide for computerized compilation and maintenance of the baseline health data.
(b) Purposes.—
The program under this section shall be designed to achieve the following purposes:
(1) To facilitate understanding of how subsequent exposures related to service in the armed forces affect health.
(2) To facilitate development of early intervention and prevention programs to protect health and readiness.
(Added Pub. L. 108–375, div. A, title VII, § 733(a)(1), Oct. 28, 2004, 118 Stat. 1997.)
heading: Statutory Notes and Related Subsidiaries
heading: Time for Implementation
text: Pub. L. 108–375, div. A, title VII, § 733(a)(3), Oct. 28, 2004, 118 Stat. 1998, provided that: “The Secretary of Defense shall implement the program required under section 1092a of title 10, United States Code (as added by paragraph (1)), not later than two years after the date of the enactment of this Act [Oct. 28, 2004].”
10 U.S.C. § 1095a (ARMED FORCES)
§ 1095a. Medical care: members held as captives and their dependents
(a) Under regulations prescribed by the President, the Secretary concerned shall pay (by advancement or reimbursement) any person who is a former captive, and any dependent of that person or of a person who is in a captive status, for health care and other expenses related to such care, to the extent that such care—
(1) is incident to the captive status; and
(2) is not covered—
(A) by any other Government medical or health program; or
(B) by insurance.
(b) In the case of any person who is eligible for medical care under section 1074 or 1076 of this title, such regulations shall require that, whenever practicable, such care be provided in a facility of the uniformed services.
(c) In this section:
(1) The terms “captive status” and “former captive” have the meanings given those terms in section 559 of title 37.
(2) The term “dependent” has the meaning given that term in section 551 of that title.
(Added Pub. L. 99–399, title VIII, § 806(c)(1), Aug. 27, 1986, 100 Stat. 886, § 1095; renumbered § 1095a, Pub. L. 100–26, § 7(e)(2), Apr. 21, 1987, 101 Stat. 281; amended Pub. L. 100–526, title I, § 106(b)(1), Oct. 24, 1988, 102 Stat. 2625.)
heading: Editorial Notes
heading: Amendments
text: 1988—Subsec. (c). Pub. L. 100–526 substituted “The terms ‘captive status’ ” for “ ‘Captive status’ ” in par. (1), and “The term ‘dependent’ ” for “ ‘Dependent’ ” in par. (2).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date; Regulations
text: Pub. L. 99–399, title VIII, § 806(c)(3), Aug. 27, 1986, 100 Stat. 886, provided that:
“(A) Section 1095 [now 1095a] of title 10, United States Code, as added by paragraph (1), shall apply with respect to any person whose captive status begins after January 21, 1981.
“(B) The President shall prescribe specific regulations regarding the carrying out of such section with respect to persons whose captive status begins during the period beginning on January 21, 1981, and ending on the effective date of that section [Aug. 27, 1986].”
heading: Executive Documents
heading: Delegation of Functions
text: Functions of President under this section delegated to Secretary of Defense, see section 3 of Ex. Ord. No. 12598, June 17, 1987, 52 F.R. 23421, set out as a note under section 5569 of Title 5, Government Organization and Employees.
10 U.S.C. § 1095b (ARMED FORCES)
§ 1095b. TRICARE program: contractor payment of certain claims
(a) Payment of Claims.—
(1) The Secretary of Defense may authorize a contractor under the TRICARE program to pay a claim described in paragraph (2) before seeking to recover from a third-party payer the costs incurred by the contractor to provide health care services that are the basis of the claim to a beneficiary under such program.
(2) A claim under this paragraph is a claim—
(A) that is submitted to the contractor by a provider under the TRICARE program for payment for services for health care provided to a covered beneficiary; and
(B) that is identified by the contractor as a claim for which a third-party payer may be liable.
(b) Recovery From Third-Party Payers.—
The United States shall have the same right to collect charges related to claims described in subsection (a) as charges for claims under section 1095 of this title.
(c) Definition of Third-Party Payer.—
In this section, the term “third-party payer” has the meaning given that term in section 1095(h) of this title, except that such term excludes primary medical insurers.
(Added Pub. L. 105–261, div. A, title VII, § 711(a)(1), Oct. 17, 1998, 112 Stat. 2058; amended Pub. L. 106–65, div. A, title VII, § 716(c)(2), Oct. 5, 1999, 113 Stat. 692.)
heading: Editorial Notes
heading: Amendments
text: 1999—Subsec. (b). Pub. L. 106–65 substituted “The United States shall have the same right to collect charges related to claims described in subsection (a) as charges for claims under section 1095 of this title.” for “A contractor for the provision of health care services under the TRICARE program that pays a claim described in subsection (a)(2) shall have the right to collect from the third-party payer the costs incurred by such contractor on behalf of the covered beneficiary. The contractor shall have the same right to collect such costs under this subsection as the right of the United States to collect costs under section 1095 of this title.”
10 U.S.C. § 1095d (ARMED FORCES)
§ 1095d. TRICARE program: waiver of certain deductibles
(a) Waiver Authorized.—
The Secretary of Defense may waive the deductible payable for medical care provided under the TRICARE program to an eligible dependent of—
(1) a member of a reserve component on active duty pursuant to a call or order to active duty for a period of more than 30 days; or
(2) a member of the National Guard on full-time National Guard duty pursuant to a call or order to full-time National Guard duty for a period of more than 30 days.
(b) Eligible Dependent.—
As used in this section, the term “eligible dependent” means a dependent described in subparagraph (A), (D), or (I) of section 1072(2) of this title.
(Added Pub. L. 106–65, div. A, title VII, § 714(a), Oct. 5, 1999, 113 Stat. 689; amended Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(7)], Oct. 30, 2000, 114 Stat. 1654, 1654A–290; Pub. L. 108–375, div. A, title VII, § 704, Oct. 28, 2004, 118 Stat. 1983.)
heading: Editorial Notes
heading: Amendments
text: 2004—Subsec. (a). Pub. L. 108–375 substituted “more than 30 days” for “less than one year” in pars. (1) and (2).
2000—Subsec. (b). Pub. L. 106–398 substituted “subparagraph” for “subparagraphs”.
10 U.S.C. § 1095e (ARMED FORCES)
§ 1095e. TRICARE program: beneficiary counseling and assistance coordinators
(a) Establishment of Positions.—
The Secretary of Defense shall require in regulations that—
(1) each lead agent under the TRICARE program—
(A) designate a person to serve full-time as a beneficiary counseling and assistance coordinator for beneficiaries under the TRICARE program;
(B) designate for each of the TRICARE program regions at least one person (other than a person designated under subparagraph (A)) to serve full-time as a beneficiary counseling and assistance coordinator solely for members of the reserve components and their dependents who are beneficiaries under the TRICARE program; and
(C) provide for toll-free telephone communication between such beneficiaries and the beneficiary counseling and assistance coordinator; and
(2) the commander of each military medical treatment facility under this chapter designate a person to serve, as a primary or collateral duty, as beneficiary counseling and assistance coordinator for beneficiaries under the TRICARE program served at that facility.
(b) Duties.—
The Secretary shall prescribe the duties of the position of beneficiary counseling and assistance coordinator in the regulations required by subsection (a).
(Added Pub. L. 106–65, div. A, title VII, § 715(a)(1), Oct. 5, 1999, 113 Stat. 690; amended Pub. L. 108–136, div. A, title VII, § 707, Nov. 24, 2003, 117 Stat. 1529.)
heading: Editorial Notes
heading: Amendments
text: 2003—Subsec. (a)(1). Pub. L. 108–136 added subpar. (B) and redesignated former subpar. (B) as (C).
heading: Statutory Notes and Related Subsidiaries
heading: Deadline for Initial Designations
text: Pub. L. 106–65, div. A, title VII, § 715(b), Oct. 5, 1999, 113 Stat. 690, directed that each beneficiary counseling and assistance coordinator required under the regulations described in subsec. (a) of this section be designated not later than Jan. 15, 2000.
10 U.S.C. § 1098 (ARMED FORCES)
§ 1098. Incentives for participation in cost-effective health care plans
(a) Waiver of Limitations and Copayments.—
Subject to subsection (b), the Secretary of Defense, with respect to any plan contracted for under the authority of section 1079 or 1086 of this title, may waive, in whole or in part—
(1) any limitation set out in the second sentence of section 1079(a) of this title; or
(2) any requirement for payment by the patient under section 1079(b) or 1086(b) of this title.
(b) Determination and Report.—
(1) Subject to paragraph (3), the Secretary may waive a limitation or requirement as authorized by subsection (a) if the Secretary determines that during the period of the waiver such a plan will—
(A) be less costly to the Government than a plan subject to such limitations or payment requirements; or
(B) provide better services than those provided by a plan subject to such limitations or payment requirements at no additional cost to the Government.
(2) The Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report with respect to a waiver under paragraph (1), including a comparison of costs of and benefits available under—
(A) a plan with respect to which the limitations and payment requirements are waived; and
(B) a plan with respect to which there is no such waiver.
(3) A waiver under paragraph (1) may not take effect until the end of the 180-day period beginning on the date on which the Secretary submits the report required by paragraph (2) with respect to such waiver.
(Added Pub. L. 99–661, div. A, title VII, § 701(a)(1), Nov. 14, 1986, 100 Stat. 3895; amended Pub. L. 101–510, div. A, title XIV, § 1484(h)(1), Nov. 5, 1990, 104 Stat. 1717; Pub. L. 104–106, div. A, title XV, § 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774.)
heading: Editorial Notes
heading: Amendments
text: 1999—Subsec. (b)(2). Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”.
1996—Subsec. (b)(2). Pub. L. 104–106 substituted “Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives” for “Committees on Armed Services of the Senate and House of Representatives”.
1990—Subsec. (a). Pub. L. 101–510 substituted “subsection (b)” for “subsections (b) and (c)” in introductory provisions.
10 U.S.C. § 1104 (ARMED FORCES)
§ 1104. Sharing of health-care resources with the Department of Veterans Affairs
(a) Sharing of Health-Care Resources.—
Health-care resources of the Department of Defense shall be shared with health-care resources of the Department of Veterans Affairs in accordance with section 8111 of title 38 or under section 1535 of title 31.
(b) Reimbursement From CHAMPUS Funds.—
Pursuant to an agreement entered into under section 8111 of title 38 or section 1535 of title 31, the Secretary of a military department may reimburse the Secretary of Veterans Affairs from funds available for that military department for the payment of medical care provided under section 1079 or 1086 of this title.
(c) Charges.—
The Secretary of Defense may prescribe by regulation a premium, deductible, copayment, or other charge for health care provided to covered beneficiaries under this chapter pursuant to an agreement entered into by the Secretary of a military department under section 8111 of title 38 or section 1535 of title 31.
(d) Provision of Services During War or National Emergency.—
Members of the armed forces on active duty during and immediately following a period of war, or during and immediately following a national emergency involving the use of the armed forces in armed conflict, may be provided health-care services by the Department of Veterans Affairs in accordance with section 8111A of title 38.
(Added Pub. L. 101–189, div. A, title VII, § 722(a), Nov. 29, 1989, 103 Stat. 1477; amended Pub. L. 102–484, div. A, title X, § 1052(14), Oct. 23, 1992, 106 Stat. 2499; Pub. L. 103–35, title II, § 201(c)(1), May 31, 1993, 107 Stat. 98; Pub. L. 107–314, div. A, title VII, § 721(b), Dec. 2, 2002, 116 Stat. 2595.)
heading: Editorial Notes
heading: Amendments
text: 2002—Subsec. (a). Pub. L. 107–314 substituted “shall” for “may”.
1993—Subsecs. (a) to (c). Pub. L. 103–35, § 201(c)(1)(A), substituted “section 8111 of title 38” for “section 8011 of title 38”.
Subsec. (d). Pub. L. 103–35, § 201(c)(1)(B), substituted “section 8111A of title 38” for “section 8011A of title 38”.
1992—Subsecs. (a) to (c). Pub. L. 102–484, § 1052(14)(A), substituted “section 8011 of title 38” for “section 5011 of title 38”.
Subsec. (d). Pub. L. 102–484, § 1052(14)(B), substituted “section 8011A of title 38” for “section 5011A of title 38”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2002 Amendment
text: Amendment by Pub. L. 107–314 effective Oct. 1, 2003, see section 721(c) of Pub. L. 107–314, set out as a note under section 8111 of Title 38, Veterans’ Benefits.