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10 U.S.C. § 1103 — Contracts for medical and dental care: State and local preemption
Federal law — U.S. Code and appendices · legal_authorities
**(a) Occurrence of Preemption.—** A law or regulation of a State or local government relating to health insurance, prepaid health plans, or other health care delivery or financing methods shall not apply to any contract entered into pursuant to this chapter by the Secretary of Defense or the administering Secretaries to the extent that the Secretary of Defense or the administering Secretaries determine that—
(1) the State or local law or regulation is inconsistent with a specific provision of the contract or a regulation promulgated by the Secretary of Defense or the administering Secretaries pursuant to this chapter; or
(2) the preemption of the State or local law or regulation is necessary to implement or administer the provisions of the contract or to achieve any other important Federal interest.
**(b) Effect of Preemption.—** In the case of the preemption under subsection (a) of a State or local law or regulation regarding financial solvency, the Secretary of Defense or the administering Secretaries shall require an independent audit of the prime contractor of each contract that is entered into pursuant to this chapter and covered by the preemption. The audit shall be performed by the Defense Contract Audit Agency.
**(c) State Defined.—** In this section, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and each possession of the United States.
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Stable record: federal_law:legal_authorities:record_usc_3f3bbf0109e57c94e4bf8fa7
Source file: Laws/federal/codes/united-states-code/title-10/section-1103-contracts-for-medical-and-dental-care-state-and-local-preemption--deebc862b0.md
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Source location: Title 10, Chapter 55, § 1103; chapter-055-medical-and-dental-care.md
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**(a) Occurrence of Preemption.—** A law or regulation of a State or local government relating to health insurance, prepaid health plans, or other health care delivery or financing methods shall not apply to any contract entered into pursuant to this chapter by the Secretary of Defense or the administering Secretaries to the extent that the Secretary of Defense or the administering Secretaries determine that—
(1) the State or local law or regulation is inconsistent with a specific provision of the contract or a regulation promulgated by the Secretary of Defense or the administering Secretaries pursuant to this chapter; or
(2) the preemption of the State or local law or regulation is necessary to implement or administer the provisions of the contract or to achieve any other important Federal interest.
**(b) Effect of Preemption.—** In the case of the preemption under subsection (a) of a State or local law or regulation regarding financial solvency, the Secretary of Defense or the administering Secretaries shall require an independent audit of the prime contractor of each contract that is entered into pursuant to this chapter and covered by the preemption. The audit shall be performed by the Defense Contract Audit Agency.
**(c) State Defined.—** In this section, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and each possession of the United States.
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Federal law — U.S. Code and appendices · legal_authorities
Page 1160
TITLE 10—ARMED FORCES
§ 1103
sion of or access to a record or testimony de-
scribed by this section may not disclose the con-
tents of such record or testimony in any manner
or for any purpose except as provided in this sec-
tion.
(f) EXEMPTION FROM FREEDOM OF INFORMATION
ACT.—Medical quality assurance records de-
scribed in subsection (a) may not be made avail-
able to any person under section 552 of title 5.
(g) LIMITATION ON CIVIL LIABILITY.—A person
who participates in or provides information to a
person or body that reviews or creates medical
quality assurance records described in sub-
section (a) shall not be civilly liable for such
participation or for providing such information
if the participation or provision of information
was in good faith based on prevailing profes-
sional standards at the time the medical quality
assurance program activity took place.
(h) APPLICATION
TO INFORMATION
IN CERTAIN
OTHER RECORDS.—Nothing in this section shall
be construed as limiting access to the informa-
tion in a record created and maintained outside
a medical quality assurance program, including
a patient’s medical records, on the grounds that
the information was presented during meetings
of a review body that are part of a medical qual-
ity assurance program.
(i) REGULATIONS.—The Secretary of Defense
shall prescribe regulations to implement this
section.
(j) DEFINITIONS.—In this section:
(1) The term ‘‘medical quality assurance pro-
gram’’ means any peer review activity carried
out before, on, or after November 14, 1986 by or
for the Department of Defense to assess the
quality of medical care, including activities
conducted by individuals, military medical or
dental treatment facility committees, or other
review bodies responsible for
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1103
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