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10 U.S.C. § 1100 — Defense Health Program Account
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of Account.—**
(1) There is hereby established in the Department of Defense an account to be known as the “Defense Health Program Account”. All sums appropriated to carry out the functions of the Secretary of Defense with respect to medical and health care programs of the Department of Defense shall be appropriated to the account.
(2) Of the total amount appropriated for a fiscal year for programs and activities carried out under this chapter, the amount equal to three percent of such total amount shall remain available for obligation until the end of the following fiscal year.
**(b) Obligation of Amounts From Account by Secretary of Defense.—** The Secretary of Defense may obligate or expend funds from the account for purposes of conducting programs and activities under this chapter, including contracts entered into under section 1079, 1086, 1092, or 1097 of this title, to the extent amounts are available in the account.
**(c) Regulations.—** The Secretary of Defense shall prescribe regulations to carry out this section.
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Stable record: federal_law:legal_authorities:record_usc_124d18cfbcb81c98ba108882
Source file: Laws/federal/codes/united-states-code/title-10/section-1100-defense-health-program-account--51a21e3135.md
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Source location: Title 10, Chapter 55, § 1100; chapter-055-medical-and-dental-care.md
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**(a) Establishment of Account.—**
(1) There is hereby established in the Department of Defense an account to be known as the “Defense Health Program Account”. All sums appropriated to carry out the functions of the Secretary of Defense with respect to medical and health care programs of the Department of Defense shall be appropriated to the account.
(2) Of the total amount appropriated for a fiscal year for programs and activities carried out under this chapter, the amount equal to three percent of such total amount shall remain available for obligation until the end of the following fiscal year.
**(b) Obligation of Amounts From Account by Secretary of Defense.—** The Secretary of Defense may obligate or expend funds from the account for purposes of conducting programs and activities under this chapter, including contracts entered into under section 1079, 1086, 1092, or 1097 of this title, to the extent amounts are available in the account.
**(c) Regulations.—** The Secretary of Defense shall prescribe regulations to carry out this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Eligibility.—**
(1) Except as provided in paragraph (2), a member of the Selected Reserve of the Ready Reserve of a reserve component of the armed forces is eligible for health benefits under TRICARE Reserve Select as provided in this section.
(2) During the period preceding January 1, 2030, paragraph (1) does not apply to a member who is enrolled, or is eligible to enroll, in a health benefits plan under chapter 89 of title 5.
**(b) Termination of Eligibility Upon Termination of Service.—**
(1) Except as provided in paragraph (2), eligibility for TRICARE Reserve Select coverage of a member under this section shall terminate upon the termination of the member’s service in the Selected Reserve.
(2) During the period beginning on the date of the enactment of this paragraph and ending December 31, 2018, eligibility for a member under this section who is involuntarily separated from the Selected Reserve under other than adverse conditions, as characterized by the Secretary concerned, shall terminate 180 days after the date on which the member is separated.
**(c) Family Members.—** While a member of a reserve component is covered by TRICARE Reserve Select under the section, the members of the immediate family of such member are eligible for TRICARE Reserve Select coverage as dependents of the member. If a member of a reserve component dies while in a period of coverage under this section, the eligibility of the members of the immediate family of such member for TRICARE Reserve Select coverage shall continue for three years beyond the date of death of the member.
**(d) Premiums.—**
(1) A member of a reserve component covered by TRICARE Reserve Select under this section shall pay a premium for that coverage. Such premium shall apply instead of any enrollment fees
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1076d
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Eligibility.—**
(1) Except as provided in paragraph (2), a member of the Retired Reserve of a reserve component of the armed forces who is qualified for a non-regular retirement at age 60 under chapter 1223 of this title, but is not age 60, is eligible for health benefits under TRICARE Retired Reserve as provided in this section.
(2) Paragraph (1) does not apply to a member who is enrolled, or is eligible to enroll, in a health benefits plan under chapter 89 of title 5.
**(b) Termination of Eligibility Upon Obtaining Other TRICARE Coverage.—** Eligibility for TRICARE Retired Reserve coverage of a member under this section shall terminate upon the member becoming eligible for TRICARE coverage at age 60 under [section 1086 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1086&num=0&edition=prelim).
**(c) Family Members.—** While a member of a reserve component is covered by TRICARE Retired Reserve under this section, the members of the immediate family of such member are eligible for TRICARE Retired Reserve coverage as dependents of the member. If a member of a reserve component dies while in a period of coverage under this section, the eligibility of the members of the immediate family of such member for TRICARE Retired Reserve coverage under this section shall continue for the same period of time that would be provided under [section 1086 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1086&num=0&edition=prelim) if the member had been eligible at the time of death for TRICARE coverage under such section (instead of under this section).
**(d) Premiums.—**
(1) A member of a reserve component covered by TRICARE Retired Reserve under this section shall pay a premium for that cov
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1076e
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Extended Coverage.—** During a period in which a member of the National Guard is performing disaster response duty, the member may be treated as being on active duty for a period of more than 30 days for purposes of the eligibility of the member and dependents of the member for health care benefits under the TRICARE program if such period immediately follows a period in which the member served on full-time National Guard duty under [section 502(f) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502/f&num=0&edition=prelim), including pursuant to chapter 9 of such title, unless the Governor of the State (or, with respect to the District of Columbia, the mayor of the District of Columbia) determines that such extended eligibility is not in the best interest of the member or the State.
**(b) Contribution by State.—**
(1) The Secretary shall charge a State for the costs of providing coverage under the TRICARE program to members of the National Guard of the State and the dependents of the members pursuant to subsection (a). Such charges shall be paid from the funds of the State or from any other non-Federal funds.
(2) Any amounts received by the Secretary under paragraph (1) shall be credited to the appropriation available for the Defense Health Program Account under [section 1100 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1100&num=0&edition=prelim), shall be merged with sums in such Account that are available for the fiscal year in which collected, and shall be available under subsection (b) of such section, including to carry out subsection (a) of this section.
**(c) Definitions.—** In this section:
(1) The term “disaster response duty” means duty performed by a member of the
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** In accordance with subsection (c), an individual described in subsection (b) shall be deemed to be a dependent (as described in [section 1072(2)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1072/2/D&num=0&edition=prelim)) for purposes of coverage under the TRICARE program.
**(b) Individual Described.—** An individual described in this subsection is an individual who—
(1) would be a dependent under [section 1072(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1072/2&num=0&edition=prelim) but for exceeding an age limit under such section;
(2) has not attained the age of 26;
(3) is not eligible to enroll in an eligible employer-sponsored plan (as defined in section 5000A(f)(2) of the Internal Revenue Code of 1986);
(4) is not otherwise a dependent of a member or a former member under any subparagraph of [section 1072(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1072/2&num=0&edition=prelim); and
(5) meets other criteria specified in regulations prescribed by the Secretary, similar to regulations prescribed by the Secretary of Health and Human Services under section 2714(b) of the Public Health Service Act.
**(c) Premium.—**
(1) The Secretary shall prescribe by regulation a premium (or premiums) for coverage under the TRICARE program provided pursuant to this section to an individual described in subsection (b). Such premium shall apply instead of any enrollment fees required under section 1075 or 1075a of this title, as appropriate.
(2) The monthly amount of the premium in effect for a month for coverage under the TRICARE program pursuant to this section shall be the amount equal to the cost of such cov
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Federal law — U.S. Code and appendices · legal_authorities
Page 1157
TITLE 10—ARMED FORCES
§ 1100
graphical area, assign covered beneficiaries
who reside in such area to such facilities.
(c) HEALTH
CARE
PLANS
AVAILABLE
UNDER
SYSTEM.—A health care plan designated by the
Secretary of Defense under the system described
in subsection (a) shall provide all health care to
which a covered beneficiary is entitled under
this chapter. Such a plan may consist of any of
the following:
(1) Use of facilities of the uniformed serv-
ices.
(2) A plan under the TRICARE program.
(3) Any other health care plan contracted for
by the Secretary of Defense.
(4) Any combination of the plans described
in paragraphs (1), (2), and (3).
(d) PAYMENT
OPTIONS.—(1) A member or
former member of the uniformed services, or a
dependent thereof, eligible for medical care and
dental care under section 1074(b) or 1076 of this
title shall pay a premium for coverage under
this chapter.
(2) To the maximum extent practicable, a pre-
mium owed by a member, former member, or de-
pendent under paragraph (1) shall be withheld
from the retired, retainer, or equivalent pay of
the member, former member, or dependent. In
all other cases, a premium shall be paid in a fre-
quency and method determined by the Sec-
retary.
(e) REGULATIONS.—The Secretary of Defense,
after consultation with the other administering
Secretaries, shall prescribe regulations to carry
out this section.
(Added Pub. L. 99–661, div. A, title VII, § 701(a)(1),
Nov. 14, 1986, 100 Stat. 3896; amended Pub. L.
114–328, div. A, title VII, § 701(d)(1), (j)(1)(E), Dec.
23, 2016, 130 Stat. 2186, 2192; Pub. L. 116–92, div. A,
title VII, § 702(a), (b)(2)(B), Dec. 20, 2019, 133 Stat.
1436.)
Editorial Notes
AMENDMENTS
2019—Pub. L. 116–92, § 702(b)(2)(B), inserted ‘‘and pay-
ment options’’
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1100
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.