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10 U.S.C. § 1079a — TRICARE program: treatment of refunds and other amounts collected
Federal law — U.S. Code and appendices · legal_authorities
All refunds and other amounts collected in the administration of the TRICARE program shall be credited to the appropriation available for that program for the fiscal year in which the refund or amount is collected.
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Stable record: federal_law:legal_authorities:record_usc_963926c173d13a338a08e007
Source file: Laws/federal/codes/united-states-code/title-10/section-1079a-tricare-program-treatment-of-refunds-and-other-amounts-collected--8a509db550.md
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Source location: Title 10, Chapter 55, § 1079a; chapter-055-medical-and-dental-care.md
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All refunds and other amounts collected in the administration of the TRICARE program shall be credited to the appropriation available for that program for the fiscal year in which the refund or amount is collected.
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Federal law — U.S. Code and appendices · legal_authorities
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;
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1072
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Program Authorized.—**
(1) The Secretary of Defense may carry out a program under this section to prevent and remedy fraud and abuse in the health care programs of the Department of Defense.
(2) At the discretion of the Secretary, such program may be administered jointly by the Inspector General of the Department of Defense and the Director of the Defense Health Agency.
(3) In carrying out such program, the authorities granted to the Secretary of Defense and the Inspector General of the Department of Defense under section 1128A(m) of the Social Security Act ([42 U.S.C. 1320a–7a(m)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320a–7a/m&num=0&edition=prelim)) shall be available to the Secretary and the Inspector General.
**(b) Civil Monetary Penalties.—**
(1) Except as provided in paragraph (2), the provisions of section 1128A of the Social Security Act ([42 U.S.C. 1320a–7a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320a–7a&num=0&edition=prelim)) shall apply with respect to any civil monetary penalty imposed in carrying out the program authorized under subsection (a).
(2) Consistent with [section 1079a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1079a&num=0&edition=prelim), amounts recovered in connection with any such civil monetary penalty imposed—
(A) shall be credited to appropriations available as of the time of the collection for expenses of the health care program of the Department of Defense affected by the fraud and abuse for which such penalty was imposed; and
(B) may be used to support the administration of the program authorized under subsection (a), including to support any interagency agreements entered into under subsection (d
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1073f
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibition on Financial Incentives Not to Enroll in a Group Health Plan.—**
(1) Except as provided in this subsection, the provisions of section 1862(b)(3)(C) of the Social Security Act shall apply with respect to financial or other incentives for a TRICARE-eligible employee not to enroll (or to terminate enrollment) under a health plan which would (in the case of such enrollment) be a primary plan under sections 1079(j)(1) 11 See References in Text note below. and 1086(g) of this title in the same manner as such section 1862(b)(3)(C) applies to financial or other incentives for an individual entitled to benefits under title XVIII of the Social Security Act not to enroll (or to terminate enrollment) under a group health plan or a large group health plan which would (in the case of enrollment) be a primary plan (as defined in section 1862(b)(2)(A) of such Act).
(2)
(A) The Secretary of Defense may by regulation adopt such additional exceptions to the prohibition referenced and applied under paragraph (1) as the Secretary deems appropriate and such paragraph (1) shall be implemented taking into account the adoption of such exceptions.
(B) The Secretary of Defense and the Secretary of Health and Human Services are authorized to enter into agreements for carrying out this subsection. Any such agreement shall provide that any expenses incurred by the Secretary of Health and Human Services pertaining to carrying out this subsection shall be reimbursed by the Secretary of Defense.
(C) Authorities of the Inspector General of the Department of Defense shall be available for oversight and investigations of responsibilities of employers and other entities under this subsection.
(D) Information obtained under [section 1095(k) of this title](https://uscode.house
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1097c
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Federal law — U.S. Code and appendices · legal_authorities
Page 1113
TITLE 10—ARMED FORCES
§ 1079b
would apply until Oct. 1, 1991, in the case of health care
provided under that section to the dependents of a
member of the uniformed services who had served on
active duty in the Persian Gulf theater of operations in
connection with Operation Desert Storm, and that pa-
tient copayment requirements could be waived upon
the provider’s certification to the Secretary of Defense
that the amount charged the Federal Government for
such health care had not been increased above the
amount that the provider would have charged the Fed-
eral Government for such health care had the payment
not been waived.
TRANSITIONAL
HEALTH
CARE
FOR
MEMBERS, OR
DE-
PENDENTS
OF MEMBERS, UPON RELEASE
OF MEMBER
FROM ACTIVE DUTY IN CONNECTION WITH OPERATION
DESERT STORM
For provision authorizing transitional health care,
including health benefits contracted for under subsec.
(a) of this section, for members, or dependents of mem-
bers, upon release of member from active duty in con-
nection with Operation Desert Storm, see section 313 of
Pub. L. 102–25, set out as a note under section 1076 of
this title.
§ 1079a. TRICARE program: treatment of refunds
and other amounts collected
All refunds and other amounts collected in the
administration of the TRICARE program shall
be credited to the appropriation available for
that program for the fiscal year in which the re-
fund or amount is collected.
(Added Pub. L. 104–201, div. A, title VII,
§ 733(a)(1), Sept. 23, 1996, 110 Stat. 2597; amended
Pub. L. 114–328, div. A, title VII, § 701(j)(1)(D),
Dec. 23, 2016, 130 Stat. 2192.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained in the following appropriations acts:
Pub. L. 104–61, title VIII, § 8094
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1079a
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