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10 U.S.C. § 1110b — TRICARE program: extension of dependent coverage

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1110b — TRICARE program: extension of dependent coverage

**(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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Source location: Title 10, Chapter 55, § 1110b; chapter-055-medical-and-dental-care.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1100 — Defense Health Program Account

**(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

42 U.S.C. § 300gg–14 — Extension of dependent coverage

**(a) In general** A group health plan and a health insurance issuer offering group or individual health insurance coverage that provides dependent coverage of children shall continue to make such coverage available for an adult child until the child turns 26 years of age. Nothing in this section shall require a health plan or a health insurance issuer described in the preceding sentence to make coverage available for a child of a child receiving dependent coverage. **(b) Regulations** The Secretary shall promulgate regulations to define the dependents to which coverage shall be made available under subsection (a). **(c) Rule of construction** Nothing in this section shall be construed to modify the definition of “dependent” as used in title 26 with respect to the tax treatment of the cost of coverage.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1072 — Definitions

In this chapter: (1) The term “uniformed services” means the armed forces and the Commissioned Corps of the National Oceanic and Atmospheric Administration and of the Public Health Service. (2) The term “dependent”, with respect to a member or former member of a uniformed service, means— (A) the spouse; (B) the unremarried widow; (C) the unremarried widower; (D) a child who— (i) has not attained the age of 21; (ii) has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary and is, or was at the time of the member’s or former member’s death, in fact dependent on the member or former member for over one-half of the child’s support; or (iii) is incapable of self-support because of a mental or physical incapacity that occurs while a dependent of a member or former member under clause (i) or (ii) and is, or was at the time of the member’s or former member’s death, in fact dependent on the member or former member for over one-half of the child’s support; (E) a parent or parent-in-law who is, or was at the time of the member’s or former member’s death, in fact dependent on him for over one-half of his support and residing in his household; (F) the unremarried former spouse of a member or former member who (i) on the date of the final decree of divorce, dissolution, or annulment, had been married to the member or former member for a period of at least 20 years during which period the member or former member performed at least 20 years of service which is creditable in determining that member’s or former member’s eligibility for retired or retainer pay, or equivalent pay, and (ii) does not have medical coverage under an employer-sponsored health plan;

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 5000A — Requirement to maintain minimum essential coverage

**(a) Requirement to maintain minimum essential coverage** An applicable individual shall for each month beginning after 2013 ensure that the individual, and any dependent of the individual who is an applicable individual, is covered under minimum essential coverage for such month. **(b) Shared responsibility payment** (1) **In general** — If a taxpayer who is an applicable individual, or an applicable individual for whom the taxpayer is liable under paragraph (3), fails to meet the requirement of subsection (a) for 1 or more months, then, except as provided in subsection (e), there is hereby imposed on the taxpayer a penalty with respect to such failures in the amount determined under subsection (c). (2) **Inclusion with return** — Any penalty imposed by this section with respect to any month shall be included with a taxpayer’s return under chapter 1 for the taxable year which includes such month. (3) **Payment of penalty** — If an individual with respect to whom a penalty is imposed by this section for any month— (A) is a dependent (as defined in section 152) of another taxpayer for the other taxpayer’s taxable year including such month, such other taxpayer shall be liable for such penalty, or (B) files a joint return for the taxable year including such month, such individual and the spouse of such individual shall be jointly liable for such penalty. **(c) Amount of penalty** (1) **In general** — The amount of the penalty imposed by this section on any taxpayer for any taxable year with respect to failures described in subsection (b)(1) shall be equal to the lesser of— (A) the sum of the monthly penalty amounts determined under paragraph (2) for months in the taxable year during which 1 or more such failures occurred, or (B) an amount equal to the na

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1075 — TRICARE Select

**(a) Establishment.—** (1) Not later than January 1, 2018, the Secretary of Defense shall establish a self-managed, preferred-provider network option under the TRICARE program. Such option shall be known as “TRICARE Select”. (2) The Secretary shall establish TRICARE Select in all areas. Under TRICARE Select, eligible beneficiaries will not have restrictions on the freedom of choice of the beneficiary with respect to health care providers. **(b) Enrollment Eligibility.—** (1) The beneficiary categories for purposes of eligibility to enroll in TRICARE Select and cost-sharing requirements applicable to such category are as follows: (A) An “active-duty family member” category that consists of beneficiaries who are covered by [section 1079 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1079&num=0&edition=prelim) (as dependents of active duty members). (B) A “retired” category that consists of beneficiaries covered by subsection (c) of [section 1086 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1086&num=0&edition=prelim), other than Medicare-eligible beneficiaries described in subsection (d)(2) of such section. (C) A “reserve and young adult” category that consists of beneficiaries who are covered by— (i) [section 1076d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1076d&num=0&edition=prelim); (ii) section 1076e; or (iii) section 1110b. (2) A covered beneficiary who elects to participate in TRICARE Select shall enroll in such option under [section 1099 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1099&num=0&edition=prelim). **(c) Cost-sharing Requirements.—** The cost-

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8981 — Definitions

In this chapter: (1) The term “employee” means an employee defined under section 8901(1) and an employee of the District of Columbia courts. (2) The terms “annuitant”, “member of family”, and “dependent” have the meanings as such terms are defined under paragraphs (3), (5), and (9), respectively, of section 8901. (3) The term “eligible individual” refers to an individual described in paragraph (1), (2), or (8), without regard to whether the individual is enrolled in a health benefits plan under chapter 89. (4) The term “Office” means the Office of Personnel Management. (5) The term “qualified company” means a company (or consortium of companies or an employee organization defined under section 8901(8)) that offers indemnity, preferred provider organization, health maintenance organization, or discount vision programs and if required is licensed to issue applicable coverage in any number of States, taking any subsidiaries of such a company into account (and, in the case of a consortium, considering the member companies and any subsidiaries thereof, collectively). (6) The term “employee organization” means an association or other organization of employees which is national in scope, or in which membership is open to all employees of a Government agency who are eligible to enroll in a health benefits plan under chapter 89. (7) The term “State” includes the District of Columbia. (8) (A) The term “covered TRICARE-eligible individual”— (i) means an individual entitled to medical care under chapter 55 of title 10, pursuant to section 1076d, 1076e, 1079(a), 1086(c), or 1086(d) of such title, who the Secretary of Defense determines in accordance with an agreement entered into under subparagraph (B) should be an eligible individual for purposes of this chapter; an

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1110b — TRICARE program: extension of depend-

Page 1172 TITLE 10—ARMED FORCES § 1110b surance program under part B of title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.). (2) In carrying out this subsection, the Sec- retary of Defense shall— (A) establish procedures for identifying indi- viduals described in subsection (b); and (B) consult with the Secretary of Health and Human Services to accurately identify and no- tify such individuals. (b) INDIVIDUALS DESCRIBED.—An individual de- scribed in this subsection is an individual who is— (1) a covered beneficiary; (2) entitled to benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c) under section 226(b) or section 226A of such Act (42 U.S.C. 426(b) and 426–1); and (3) eligible to enroll in the supplementary medical insurance program under part B of such title (42 U.S.C. 1395j et seq.). (Added Pub. L. 111–84, div. A, title VII, § 707(a), Oct. 28, 2009, 123 Stat. 2376.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsecs. (a)(1)(B) and (b)(2), (3), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Parts A and B of title XVIII of the Act are classified generally to parts A (§ 1395c et seq.) and B (§ 1395j et seq.), respectively, of subchapter XVIII of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. § 1110b. TRICARE program: extension of depend- ent coverage (a) IN GENERAL.—In accordance with sub- section (c), an individual described in subsection (b) shall be deemed to be a dependent (as de- scribed in section 1072(2)(D) of this title) for pur- poses of coverage under the TRICARE program. (b) INDIVIDUAL DESCRIBED.—An individual de- scribed in this subsection is an individual who—

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