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10 U.S.C. § 1076d — TRICARE program: TRICARE Reserve Select coverage for members of the Selected Reserve
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
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Source file: Laws/federal/codes/united-states-code/title-10/section-1076d-tricare-program-tricare-reserve-select-coverage-for-members-of-the-selec--e1ab3474e7.md
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Source location: Title 10, Chapter 55, § 1076d; chapter-055-medical-and-dental-care.md
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**(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 required under [section 1075 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1075&num=0&edition=prelim).
(2) The Secretary of Defense shall prescribe for the purposes of this section one premium for TRICARE Reserve Select coverage of members without dependents and one premium for TRICARE Reserve Select coverage of members with dependents referred to in subsection (f)(1). The premium prescribed for a coverage shall apply uniformly to all covered members of the reserve components.
(3)
(A) The monthly amount of the premium in effect for a month for TRICARE Reserve Select coverage under this section shall be the amount equal to 28 percent of the total monthly amount determined on an appropriate actuarial basis as being reasonable for that coverage.
(B) The appropriate actuarial basis for purposes of subparagraph (A) shall be determined, for each calendar year after calendar year 2009, by utilizing the actual cost of providing benefits under this section to members and their dependents during the calendar years preceding such calendar year.
(4) The premiums payable by a member of a reserve component under this subsection may be deducted and withheld from basic pay payable to the member under [section 204 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section204&num=0&edition=prelim) or from compensation payable to the member under section 206 of such title. The Secretary shall prescribe the requirements and procedures applicable to the payment of premiums.
(5) Amounts collected as premiums under this subsection 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 for such fiscal year.
**(e) Regulations.—** The Secretary of Defense, in consultation with the other administering Secretaries, shall prescribe regulations for the administration of this section.
**(f) Definitions.—** In this section:
(1) The term “immediate family”, with respect to a member of a reserve component, means all of the member’s dependents described in subparagraphs (A), (D), and (I) of [section 1072(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1072/2&num=0&edition=prelim).
(2) The term “TRICARE Reserve Select” means—
(A) medical care at facilities of the uniformed services to which a dependent described in [section 1076(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1076/a/2&num=0&edition=prelim) is entitled; and
(B) health benefits under the TRICARE Select self-managed, preferred provider network option under [section 1075 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1075&num=0&edition=prelim) made available to beneficiaries by reason of this section and subject to the cost-sharing requirements set forth in such section 1075.
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1100
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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)**
(1) In the case of a person who is a covered beneficiary, the United States shall have the right to collect from a third-party payer reasonable charges for health care services incurred by the United States on behalf of such person through a facility of the uniformed services to the extent that the person would be eligible to receive reimbursement or indemnification from the third-party payer if the person were to incur such charges on the person’s own behalf. If the insurance, medical service, or health plan of that payer includes a requirement for a deductible or copayment by the beneficiary of the plan, then the amount that the United States may collect from the third-party payer is a reasonable charge for the care provided less the appropriate deductible or copayment amount.
(2) A covered beneficiary may not be required to pay an additional amount to the United States for health care services by reason of this section.
**(b)** No provision of any insurance, medical service, or health plan contract or agreement having the effect of excluding from coverage or limiting payment of charges for certain care shall operate to prevent collection by the United States under subsection (a) if that care is provided—
(1) through a facility of the uniformed services;
(2) directly or indirectly by a governmental entity;
(3) to an individual who has no obligation to pay for that care or for whom no other person has a legal obligation to pay; or
(4) by a provider with which the third party payer has no participation agreement.
**(c)** Under regulations prescribed under subsection (f), records of the facility of the uniformed services that provided health care services to a beneficiary of an insurance, medical service, or health plan of a third-party payer shall be mad
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1095
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The following persons are entitled to the basic pay of the pay grade to which assigned or distributed, in accordance with their years of service computed under [section 205 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section205&num=0&edition=prelim)—
(1) a member of a uniformed service who is on active duty; and
(2) a member of a uniformed service, or a member of the National Guard who is not a Reserve of the Army or the Air Force, who is participating in full-time training, training duty with pay, or other full-time duty, provided by law, including participation in exercises or the performance of duty under section 10302, 10305, 10502, or 12402 of title 10, or section 503, 504, 505, or 506 of title 32.
**(b)** For the purposes of subsection (a), under regulations prescribed by the President, the time necessary for a member of a uniformed service who is called or ordered to active duty for a period of more than 30 days to travel from his home to his first duty station and from his last duty station to his home, by the mode of transportation authorized in his call or orders, is considered active duty.
**(c)**
(1) A member of the National Guard who is called into Federal service for a period of 30 days or less is entitled to basic pay from the date on which the member, in person or by authorized telephonic or electronic means, contacts the member’s unit.
(2) Paragraph (1) does not authorize any expenditure to be paid for a period before the date on which the unit receives the member’s contact provided under such paragraph.
(3) The Secretary of the Army, with respect to the Army National Guard, and the Secretary of the Air Force, with respect to the Air National Guard, shall prescribe such regulations as may be necessa
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 204
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** To assure that medical care is available for dependents, as described in subparagraphs (A), (D), and (I) of [section 1072(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1072/2&num=0&edition=prelim), of members of the uniformed services who are on active duty for a period of more than 30 days, the Secretary of Defense, after consulting with the other administering Secretaries, shall contract, under the authority of this section, for medical care for those persons under such insurance, medical service, or health plans as he considers appropriate. The types of health care authorized under this section shall be the same as those provided under [section 1076 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1076&num=0&edition=prelim), except as follows:
(1) With respect to dental care—
(A) except as provided in subparagraph (B), only that care required as a necessary adjunct to medical or surgical treatment may be provided; and
(B) in connection with dental treatment for patients with developmental, mental, or physical disabilities or for pediatric patients age 5 or under, only institutional and anesthesia services may be provided.
(2) Consistent with such regulations as the Secretary of Defense may prescribe regarding the content of health promotion and disease prevention visits, the schedule and method of cervical cancer screenings and breast cancer screenings, the schedule and method of colon and prostate cancer screenings, and the types and schedule of immunizations—
(A) for dependents under six years of age, both health promotion and disease prevention visits and immunizations may be provided; and
(B) for dependents six years of age or older, health promotion an
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1079
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Office of Personnel Management may contract with qualified carriers offering plans described by section 8903 or 8903a of this title, without regard to section 6101(b) to (d) of title 41 or other statute requiring competitive bidding. Each contract shall be for a uniform term of at least 1 year, but may be made automatically renewable from term to term in the absence of notice of termination by either party.
**(b)** To be eligible as a carrier for the plan described by [section 8903(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8903/2&num=0&edition=prelim), a company must be licensed to issue group health insurance in all the States and the District of Columbia.
**(c)** A contract for a plan described by section 8903(1) or (2) of this title shall require the carrier—
(1) to reinsure with other companies which elect to participate, under an equitable formula based on the total amount of their group health insurance benefit payments in the United States during the latest year for which the information is available, to be determined by the carrier and approved by the Office; or
(2) to allocate its rights and obligations under the contract among its affiliates which elect to participate, under an equitable formula to be determined by the carrier and the affiliates and approved by the Office.
**(d)** Each contract under this chapter shall contain a detailed statement of benefits offered and shall include such maximums, limitations, exclusions, and other definitions of benefits as the Office considers necessary or desirable.
**(e)** The Office may prescribe reasonable minimum standards for health benefits plans described by section 8903 or 8903a of this title and for carriers offering the plans. Approval of a pla
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8902
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Federal law — U.S. Code and appendices · legal_authorities
**(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-
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1075
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Responsible Officials.—**
(1) Except as otherwise provided in this chapter, the Secretary of Defense shall administer this chapter for the armed forces under his jurisdiction, the Secretary of Homeland Security shall administer this chapter for the Coast Guard when the Coast Guard is not operating as a service in the Navy, and the Secretary of Health and Human Services shall administer this chapter for the National Oceanic and Atmospheric Administration and the Public Health Service. This chapter shall be administered consistent with the Assisted Suicide Funding Restriction Act of 1997 ([42 U.S.C. 14401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14401&num=0&edition=prelim) et seq.).
(2) Except as otherwise provided in this chapter, the Secretary of Defense shall have responsibility for administering the TRICARE program and making any decision affecting such program.
**(b) Stability in Program of Benefits.—** The Secretary of Defense shall, to the maximum extent practicable, provide a stable program of benefits under this chapter throughout each fiscal year. To achieve the stability in the case of managed care support contracts entered into under this chapter, the contracts shall be administered so as to implement all changes in benefits and administration on a quarterly basis. However, the Secretary of Defense may implement any such change prior to the next fiscal quarter if the Secretary determines that the change would significantly improve the provision of care to eligible beneficiaries under this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1073
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Only the following types of health care may be provided under [section 1076 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1076&num=0&edition=prelim):
(1) Hospitalization.
(2) Outpatient care.
(3) Drugs, including, in accordance with subsection (h), medically necessary vitamins.
(4) Treatment of medical and surgical conditions.
(5) Treatment of nervous, mental, and chronic conditions.
(6) Treatment of contagious diseases.
(7) Physical examinations, including eye examinations, and immunizations.
(8) Maternity and infant care, including well-baby care that includes one screening of an infant for the level of lead in the blood of the infant.
(9) Diagnostic tests and services, including laboratory and X-ray examinations.
(10) Dental care.
(11) Ambulance service and home calls when medically necessary.
(12) Durable equipment, which may be provided on a loan basis.
(13) Primary and preventive health care services for women (as defined in [section 1074d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1074d/b&num=0&edition=prelim)).
(14) Preventive health care screening for colon or prostate cancer, at the intervals and using the screening methods prescribed under [section 1074d(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1074d/a/2&num=0&edition=prelim).
(15) Prosthetic devices, as determined by the Secretary of Defense to be necessary because of significant conditions resulting from trauma, congenital anomalies, or disease.
(16) Except as provided by subsection (g), a hearing aid, but only if the dependent has a profound hearing loss, as determined under standards prescribed in regulations by the Secretary of Def
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1077
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Provision of Continued Health Coverage.—** The Secretary of Defense shall implement and carry out a program of continued health benefits coverage in accordance with this section to provide persons described in subsection (b) with temporary health benefits comparable to the health benefits provided for former civilian employees of the Federal Government and other persons under [section 8905a of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8905a&num=0&edition=prelim).
**(b) Eligible Persons.—** The persons referred to in subsection (a) are the following:
(1) A member of the uniformed services who—
(A) is discharged or released from active duty (or full-time National Guard duty), whether voluntarily or involuntarily, under other than adverse conditions, as characterized by the Secretary concerned;
(B) immediately preceding that discharge or release, is entitled to medical and dental care under [section 1074(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1074/a&num=0&edition=prelim) (except in the case of a member discharged or released from full-time National Guard duty); and
(C) after that discharge or release and any period of transitional health care provided under [section 1145(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1145/a&num=0&edition=prelim), would not otherwise be eligible for any benefits under this chapter.
(2) A member of the Selected Reserve of the Ready Reserve of a reserve component of the armed forces who—
(A) is discharged or released from service in the Selected Reserve, whether voluntarily or involuntarily, under other than adverse conditions, as characterized by the Secretary concerned;
(B) i
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1078a
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