10 U.S.C. § 1095 — Health care services incurred on behalf of

Page 1141 TITLE 10—ARMED FORCES § 1095 by section 1094a of title 10, United States Code (as added by subsection (b)), shall take effect on the date that is three years after the date of the enactment of this Act [Oct. 17, 1998].’’ OVERSIGHT OF GRADUATE MEDICAL EDUCATION PROGRAMS OF MILITARY DEPARTMENTS Pub. L. 114–328, div. A, title VII, § 749, Dec. 23, 2016, 130 Stat. 2242, provided that: ‘‘(a) PROCESS.—Not later than one year after the date of the enactment of this Act [Dec. 23, 2016], the Sec- retary of Defense shall establish and implement a proc- ess to provide oversight of the graduate medical edu- cation programs of the military departments to ensure that such programs fully support the operational med- ical force readiness requirements for health care pro- viders of the Armed Forces and the medical readiness of the Armed Forces. The process shall include the fol- lowing: ‘‘(1) A process to review such programs to ensure, to the extent practicable, that such programs are— ‘‘(A) conducted jointly among the military de- partments; and ‘‘(B) focused on, and related to, operational med- ical force readiness requirements. ‘‘(2) A process to minimize duplicative programs re- lating to such programs among the military depart- ments. ‘‘(3) A process to ensure that— ‘‘(A) assignments of faculty, support staff, and students within such programs are coordinated among the military departments; and ‘‘(B) the Secretary optimizes resources by using military medical treatment facilities as training platforms when and where most appropriate. ‘‘(4) A process to review and, if necessary, restruc- ture or realign, such programs to sustain and im- prove operational medical force readiness. ‘‘(b) REPORT.—Not later than 30 days after the date on which the Secretary establishes the process under subsection (a), the Secretary shall submit to the Com- mittees on Armed Services of the Senate and the House of Representatives a report that describes such process. The report shall include a description of each graduate medical education program of the military depart- ments, categorized by the following: ‘‘(1) Programs that provide direct support to oper- ational medical force readiness. ‘‘(2) Programs that provide indirect support to operational medical force readiness. ‘‘(3) Academic programs that provide other medical support. ‘‘(c) COMPTROLLER GENERAL REVIEW AND REPORT.— ‘‘(1) REVIEW.—The Comptroller General of the United States shall conduct a review of the process established under subsection (a), including with re- spect to each process described in paragraphs (1) through (4) of such subsection. ‘‘(2) REPORT.—Not later than 180 days after the date on which the Secretary submits the report under sub- section (b), the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives the review conducted under paragraph (1), including an assessment of the elements of the process established under subsection (a).’’ JOINT PILOT PROGRAM FOR PROVIDING GRADUATE MEDICAL EDUCATION AND TRAINING FOR PHYSICIANS Pub. L. 107–314, div. A, title VII, § 725(a)–(d), Dec. 2, 2002, 116 Stat. 2599, provided that: ‘‘(a) IN GENERAL.—The Secretary of Defense and the Secretary of Veterans Affairs shall jointly carry out a pilot program under which graduate medical education and training is provided to military physicians and physician employees of the Department of Defense and the Department of Veterans Affairs through one or more programs carried out in military medical treat- ment facilities of the Department of Defense and med- ical centers of the Department of Veterans Affairs. The pilot program shall begin not later than January 1, 2003. ‘‘(b) COST-SHARING AGREEMENT.—The Secretaries shall enter into an agreement for carrying out the pilot program. The agreement shall establish means for each Secretary to assist in paying the costs, with respect to individuals under the jurisdiction of that Secretary, in- curred by the other Secretary in providing medical education and training under the pilot program. ‘‘(c) USE OF EXISTING AUTHORITIES.—To carry out the pilot program, the Secretary of Defense and the Sec- retary of Veterans Affairs may use authorities provided to them under this subtitle [subtitle C (§§ 721–726) of title VII of div. A of Pub. L. 107–314, amending section 1104 of this title and sections 8110 and 8111 of Title 38, Veterans’ Benefits, enacting provisions set out as notes under section 1074g of this title and sections 8110 and 8111 of Title 38, and repealing provisions set out as a note under this section], section 8111 of title 38, United States Code (as amended by section 721(a)), and other laws relating to the furnishing or support of medical education and the cooperative use of facilities. ‘‘(d) TERMINATION OF PROGRAM.—The pilot program under this section shall terminate on July 31, 2008.’’ JOINT DOD–VA PILOT PROGRAM FOR PROVIDING GRAD- UATE MEDICAL EDUCATION AND TRAINING FOR PHYSI- CIANS Pub. L. 107–107, div. A, title VII, § 738, Dec. 28, 2001, 115 Stat. 1173, authorized a pilot program providing grad- uate medical education and training for physicians to be carried out jointly by the Secretary of Defense and the Secretary of Veterans Affairs, prior to repeal by Pub. L. 107–314, div. A, title VII, § 725(e), Dec. 2, 2002, 116 Stat. 2599. § 1095. Health care services incurred on behalf of covered beneficiaries: collection from third- party payers (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 reason- able 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 deduct- ible or copayment by the beneficiary of the plan, then the amount that the United States may collect from the third-party payer is a reason- able charge for the care provided less the appro- priate 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 pro- vided— (1) through a facility of the uniformed serv- ices; (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 Page 1142 TITLE 10—ARMED FORCES § 1095 1 See References in Text note below. (4) by a provider with which the third party payer has no participation agreement. (c) Under regulations prescribed under sub- section (f), records of the facility of the uni- formed services that provided health care serv- ices to a beneficiary of an insurance, medical service, or health plan of a third-party payer shall be made available for inspection and re- view by representatives of the payer from which collection by the United States is sought. (d) Notwithstanding subsections (a) and (b), and except as provided in subsection (j), collec- tion may not be made under this section in the case of a plan administered under title XVIII or XIX of the Social Security Act (42 U.S.C. 1395 et seq.). (e)(1) The United States may institute and prosecute legal proceedings against a third- party payer to enforce a right of the United States under this section. (2) The administering Secretary may com- promise, settle, or waive a claim of the United States under this section. (f) The Secretary of Defense, in consultation with the other administering Secretaries, shall prescribe regulations for the administration of this section. Such regulations shall provide for computation of the reasonable cost of health care services. Computation of such reasonable cost may be based on— (1) per diem rates; (2) all-inclusive per visit rates; (3) diagnosis-related groups; or (4) such other method as may be appropriate. (g) Amounts collected under this section from a third-party payer or under any other provision of law from any other payer for health care serv- ices provided at or through a facility of the uni- formed services shall be credited to the appro- priation supporting the maintenance and oper- ation of the facility and shall not be taken into consideration in establishing the operating budget of the facility. (h) In this section: (1) The term ‘‘third-party payer’’ means an entity that provides an insurance, medical service, or health plan by contract or agree- ment, including an automobile liability insur- ance or no fault insurance carrier, and any other plan or program that is designed to pro- vide compensation or coverage for expenses in- curred by a beneficiary for health care serv- ices or products. Such term also includes enti- ties described in subsection (j) under the terms and to the extent provided in such subsection. (2) The term ‘‘insurance, medical service, or health plan’’ includes a preferred provider or- ganization, an insurance plan described as Medicare supplemental insurance, and a per- sonal injury protection plan or medical pay- ments benefit plan for personal injuries result- ing from the operation of a motor vehicle. (3) The term ‘‘health care services’’ includes products provided or purchased through a fa- cility of the uniformed services. (i)(1) In the case of a third-party payer that is an automobile liability insurance or no fault in- surance carrier, the right of the United States to collect under this section shall extend to health care services provided to a person enti- tled to health care under section 1074(a) of this title. (2) In cases in which a tort liability is created upon some third person, collection from a third- party payer that is an automobile liability in- surance carrier shall be governed by the provi- sions of Public Law 87–693 (42 U.S.C. 2651 et seq.). (j) The Secretary of Defense may enter into an agreement with any health maintenance organi- zation, competitive medical plan, health care prepayment plan, or other similar plan (pursu- ant to regulations issued by the Secretary) pro- viding for collection under this section from such organization or plan for services provided to a covered beneficiary who is an enrollee in such organization or plan. (k)(1) To improve the administration of this section and sections 1079(j)(1) 1 and 1086(d) of this title, the Secretary of Defense, in consultation with the other administering Secretaries, may prescribe regulations providing for the collec- tion of information regarding insurance, med- ical service, or health plans of third-party pay- ers held by covered beneficiaries. (2) The collection of information under regula- tions prescribed under paragraph (1) shall be conducted in the same manner as is provided in section 1862(b)(5) of the Social Security Act (42 U.S.C. 1395y(b)(5)). The Secretary may provide for obtaining from the Commissioner of Social Security employment information comparable to the information provided to the Adminis- trator of the Centers for Medicare & Medicaid Services pursuant to such section. Such regula- tions may require the mandatory disclosure of Social Security account numbers for all covered beneficiaries. (3) The Secretary may disclose relevant em- ployment information collected under this sub- section to fiscal intermediaries or other des- ignated contractors. (4) The Secretary may provide for contacting employers of covered beneficiaries to obtain group health plan information comparable to the information authorized to be obtained under section 1862(b)(5)(C) of the Social Security Act (42 U.S.C. 1395y(b)(5)(C)). Notwithstanding clause (iii) of such section, clause (ii) of such section regarding the imposition of civil money pen- alties shall apply to the collection of informa- tion under this paragraph. (5) Information obtained under this subsection may not be disclosed for any purpose other than to carry out the purpose of this section and sec- tions 1079(j)(1) 1 and 1086(d) of this title. (Added Pub. L. 99–272, title II, § 2001(a)(1), Apr. 7, 1986, 100 Stat. 100; amended Pub. L. 101–189, div. A, title VII, § 727(a), title XVI, § 1622(e)(5), Nov. 29, 1989, 103 Stat. 1480, 1605; Pub. L. 101–510, div. A, title VII, § 713(a)–(d)(2), Nov. 5, 1990, 104 Stat. 1583, 1584; Pub. L. 102–25, title VII, § 701(j)(8), Apr. 6, 1991, 105 Stat. 116; Pub. L. 102–190, div. A, title VII, § 714, Dec. 5, 1991, 105 Stat. 1403; Pub. L. 103–160, div. A, title VII, § 713, Nov. 30, 1993, 107 Stat. 1689; Pub. L. 103–337, div. A, title VII, § 714(b), title X, § 1070(b)(6), Oct. 5, 1994, 108 Stat. 2802, 2857; Pub. L. 104–106, div. A, title VII, § 734, Feb. 10, 1996, 110 Stat. 381; Pub. L. 104–201, div. A, Page 1143 TITLE 10—ARMED FORCES § 1095 title VII, § 735(a), (b), Sept. 23, 1996, 110 Stat. 2598; Pub. L. 106–65, div. A, title VII, § 716(c)(1), Oct. 5, 1999, 113 Stat. 691; Pub. L. 107–314, div. A, title X, § 1041(a)(5), Dec. 2, 2002, 116 Stat. 2645; Pub. L. 108–173, title IX, § 900(e)(4)(B), Dec. 8, 2003, 117 Stat. 2373.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (d), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVIII and XIX of the Social Security Act are classified generally to subchapters XVIII (§ 1395 et seq.) and XIX (§ 1396 et seq.) 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. Public Law 87–693, referred to in subsec. (i)(2), is Pub. L. 87–693, Sept. 25, 1962, 76 Stat. 593, which is classified generally to chapter 32 (§ 2651 et seq.) of Title 42. For complete classification of this Act to the Code, see Ta- bles. Section 1079(j) of this title, referred to in subsec. (k)(1), (5), was redesignated section 1079(i) of this title by Pub. L. 113–291, div. A, title VII, § 703(a)(3), Dec. 19, 2014, 128 Stat. 3411. CODIFICATION Another section 1095 was renumbered section 1095a of this title. AMENDMENTS 2003—Subsec. (k)(2). Pub. L. 108–173 substituted ‘‘Cen- ters for Medicare & Medicaid Services’’ for ‘‘Health Care Financing Administration’’ in second sentence. 2002—Subsec. (g). Pub. L. 107–314 struck out par. (1) designation and par. (2) which read as follows: ‘‘Not later than February 15 of each year, the Secretary of Defense shall submit to Congress a report specifying for each facility of the uniformed services the amount credited to the facility under this subsection during the preceding fiscal year.’’ 1999—Subsec. (a)(1). Pub. L. 106–65, § 716(c)(1)(A), sub- stituted ‘‘reasonable charges for’’ for ‘‘the reasonable costs of’’, ‘‘such charges’’ for ‘‘such costs’’, and ‘‘a rea- sonable charge for’’ for ‘‘the reasonable cost of’’. Subsec. (g)(1). Pub. L. 106–65, § 716(c)(1)(B), struck out ‘‘the costs of’’ after ‘‘any other payer for’’. Subsec. (h)(1). Pub. L. 106–65, § 716(c)(1)(C), substituted ‘‘The term ‘third-party payer’ means an entity that provides an insurance, medical service, or health plan by contract or agreement, including an automobile li- ability insurance or no fault insurance carrier, and any other plan or program that is designed to provide com- pensation or coverage for expenses incurred by a bene- ficiary for health care services or products.’’ for ‘‘The term ‘third-party payer’ means an entity that provides an insurance, medical service, or health plan by con- tract or agreement, including an automobile liability insurance or no fault insurance carrier and a workers’ compensation program or plan.’’ 1996—Subsec. (g)(1). Pub. L. 104–201, § 735(a), inserted ‘‘or through’’ after ‘‘provided at’’. Subsec. (h)(1). Pub. L. 104–201, § 735(b)(1), inserted ‘‘and a workers’ compensation program or plan’’ after ‘‘insurance carrier’’. Subsec. (h)(2). Pub. L. 104–201, § 735(b)(2), substituted ‘‘organization,’’ for ‘‘organization and’’ and inserted be- fore period at end ‘‘, and a personal injury protection plan or medical payments benefit plan for personal in- juries resulting from the operation of a motor vehicle’’. Subsec. (k). Pub. L. 104–106 added subsec. (k). 1994—Subsec. (b). Pub. L. 103–337, § 714(b)(1), sub- stituted ‘‘shall operate to prevent collection by the United States under subsection (a) if that care is pro- vided—’’ and pars. (1) to (4) for ‘‘if that care is provided through a facility of the uniformed services shall oper- ate to prevent collection by the United States under subsection (a).’’ Subsec. (d). Pub. L. 103–337, § 714(b)(2), inserted ‘‘and except as provided in subsection (j),’’ after ‘‘(b),’’. Subsec. (g). Pub. L. 103–337, § 1070(b)(6), made tech- nical correction to directory language of Pub. L. 103–160, § 713(a)(1). See 1993 Amendment note below. Subsec. (h)(1). Pub. L. 103–337, § 714(b)(3), inserted at end ‘‘Such term also includes entities described in sub- section (j) under the terms and to the extent provided in such subsection.’’ Subsec. (j). Pub. L. 103–337, § 714(b)(4), added subsec. (j). 1993—Subsec. (g). Pub. L. 103–160, § 713(c), designated existing provisions as par. (1) and added par. (2). Pub. L. 103–160, § 713(a)(2), inserted before period ‘‘and shall not be taken into consideration in establishing the operating budget of the facility’’. Pub. L. 103–160, § 713(a)(1), as amended by Pub. L. 103–337, § 1070(b)(6), inserted ‘‘or under any other provi- sion of law from any other payer’’ after ‘‘third-party payer’’. Subsec. (h). Pub. L. 103–160, § 713(b), inserted ‘‘a pre- ferred provider organization and’’ after ‘‘includes’’ in par. (2) and added par. (3). 1991—Subsec. (a)(1). Pub. L. 102–25 inserted ‘‘a’’ before ‘‘covered beneficiary’’. Subsec. (i)(2). Pub. L. 102–190 struck out ‘‘or no fault insurance’’ before ‘‘carrier’’. 1990—Pub. L. 101–510, § 713(d)(2), substituted ‘‘Health care services incurred on behalf of covered bene- ficiaries: collection from third-party payers’’ for ‘‘Col- lection from third-party payers of reasonable inpatient hospital care costs incurred on behalf of retirees and dependents’’ in section catchline. Subsec. (a)(1). Pub. L. 101–510, § 713(d)(1)(A), sub- stituted ‘‘covered beneficiary’’ for ‘‘covered by section 1074(b), 1076(a), or 1076(b) of this title’’. Pub. L. 101–510, § 713(a)(1), substituted ‘‘health care services’’ for ‘‘inpatient hospital care’’. Subsec. (a)(2). Pub. L. 101–510, § 713(d)(1)(B), sub- stituted ‘‘covered beneficiary’’ for ‘‘person covered by section 1074(b), 1076(a), or 1076(b) of this title’’. Pub. L. 101–510, § 713(a)(1), substituted ‘‘health care services’’ for ‘‘inpatient hospital care’’. Subsec. (c). Pub. L. 101–510, § 713(a)(1), substituted ‘‘health care services’’ for ‘‘inpatient hospital care’’. Subsec. (f). Pub. L. 101–510, § 713(a)(1), substituted ‘‘health care services’’ for ‘‘inpatient hospital care’’ in introductory provisions. Subsec. (f)(2) to (4). Pub. L. 101–510, § 713(b), added pars. (2) and (3) and redesignated former par. (2) as (4). Subsec. (g). Pub. L. 101–510, § 713(a)(1), substituted ‘‘health care services’’ for ‘‘inpatient hospital care’’. Subsecs. (h), (i). Pub. L. 101–510, § 713(c), added sub- secs. (h) and (i) and struck out former subsec. (h) which read as follows: ‘‘In this section, the term ‘third-party payer’ means an entity that provides an insurance, medical service, or health plan by contract or agree- ment.’’ 1989—Subsec. (g). Pub. L. 101–189, § 727(a)(2), added subsec. (g). Former subsec. (g) redesignated (h). Subsec. (h). Pub. L. 101–189, § 1622(e)(5), which directed amendment of subsec. (g) by insertion of ‘‘the term’’ after ‘‘In this section,’’ was executed by making the in- sertion in subsec. (h) to reflect the probable intent of Congress and the intervening redesignation of subsec. (g) as (h) by Pub. L. 101–189, § 727(a)(1), see below. Pub. L. 101–189, § 727(a)(1), redesignated subsec. (g) as (h). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–337, div. A, title X, § 1070(b), Oct. 5, 1994, 108 Stat. 2856, provided that the amendment made by that section is effective as of Nov. 30, 1993, and as if in- cluded in the National Defense Authorization Act for Fiscal Year 1994, Pub. L. 103–160, as enacted. EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–510, div. A, title VII, § 713(e), Nov. 5, 1990, 104 Stat. 1584, provided that: ‘‘The amendments made Page 1144 TITLE 10—ARMED FORCES § 1095a by subsection (a) [amending this section] shall apply with respect to health care services provided in a med- ical facility of the uniformed services after the date of the enactment of this Act [Nov. 5, 1990], but not with respect to collection under any insurance, medical service, or health plan agreement entered into before the date of the enactment of this Act that the Sec- retary of Defense determines clearly excludes payment for such services. Such an exception shall apply until the amendment or renewal of such agreement after that date.’’ EFFECTIVE DATE OF 1989 AMENDMENT Pub. L. 101–189, div. A, title VII, § 727(b), Nov. 29, 1989, 103 Stat. 1480, provided that: ‘‘The amendment made by this section [amending this section] shall take effect on October 1, 1989, and shall apply to amounts collected under section 1095 of title 10, United States Code, on or after that date.’’ EFFECTIVE DATE Pub. L. 99–272, title II, § 2001(b), Apr. 7, 1986, 100 Stat. 101, provided that: ‘‘Section 1095 of title 10, United States Code, as added by subsection (a), shall apply with respect to inpatient hospital care provided after September 30, 1986, but only with respect to an insur- ance, medical service, or health plan agreement en- tered into, amended, or renewed on or after the date of the enactment of this Act [Apr. 7, 1986].’’ PILOT PROGRAM ON INCREASED THIRD-PARTY COLLEC- TION REIMBURSEMENTS IN MILITARY MEDICAL TREAT- MENT FACILITIES Pub. L. 113–66, div. A, title VII, § 712, Dec. 26, 2013, 127 Stat. 793, required the Secretary of Defense, in coordi- nation with the Secretaries of the military depart- ments, to conduct a three-year pilot program to dem- onstrate and assess the feasibility of implementing commercially available enhanced recovery practices to increase reimbursement from third-party payers in military medical treatment facilities and report the re- sults to Congress not later than 180 days after the pro- gram’s completion. § 1095a. Medical care: members held as captives and their dependents (a) Under regulations prescribed by the Presi- dent, the Secretary concerned shall pay (by ad- vancement or reimbursement) any person who is a former captive, and any dependent of that per- son or of a person who is in a captive status, for health care and other expenses related to such care, to the extent that such care— (1) is incident to the captive status; and (2) is not covered— (A) by any other Government medical or health program; or (B) by insurance. (b) In the case of any person who is eligible for medical care under section 1074 or 1076 of this title, such regulations shall require that, when- ever practicable, such care be provided in a fa- cility of the uniformed services. (c) In this section: (1) The terms ‘‘captive status’’ and ‘‘former captive’’ have the meanings given those terms in section 559 of title 37. (2) The term ‘‘dependent’’ has the meaning given that term in section 551 of that title. (Added Pub. L. 99–399, title VIII, § 806(c)(1), Aug. 27, 1986, 100 Stat. 886, § 1095; renumbered § 1095a, Pub. L. 100–26, § 7(e)(2), Apr. 21, 1987, 101 Stat. 281; amended Pub. L. 100–526, title I, § 106(b)(1), Oct. 24, 1988, 102 Stat. 2625.) Editorial Notes AMENDMENTS 1988—Subsec. (c). Pub. L. 100–526 substituted ‘‘The terms ‘captive status’ ’’ for ‘‘ ‘Captive status’ ’’ in par. (1), and ‘‘The term ‘dependent’ ’’ for ‘‘ ‘Dependent’ ’’ in par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE; REGULATIONS Pub. L. 99–399, title VIII, § 806(c)(3), Aug. 27, 1986, 100 Stat. 886, provided that: ‘‘(A) Section 1095 [now 1095a] of title 10, United States Code, as added by paragraph (1), shall apply with re- spect to any person whose captive status begins after January 21, 1981. ‘‘(B) The President shall prescribe specific regula- tions regarding the carrying out of such section with respect to persons whose captive status begins during the period beginning on January 21, 1981, and ending on the effective date of that section [Aug. 27, 1986].’’ Executive Documents DELEGATION OF FUNCTIONS Functions of President under this section delegated to Secretary of Defense, see section 3 of Ex. Ord. No. 12598, June 17, 1987, 52 F.R. 23421, set out as a note under section 5569 of Title 5, Government Organization and Employees. § 1095b. TRICARE program: contractor payment of certain claims (a) PAYMENT OF CLAIMS.—(1) The Secretary of Defense may authorize a contractor under the TRICARE program to pay a claim described in paragraph (2) before seeking to recover from a third-party payer the costs incurred by the con- tractor to provide health care services that are the basis of the claim to a beneficiary under such program. (2) A claim under this paragraph is a claim— (A) that is submitted to the contractor by a provider under the TRICARE program for pay- ment for services for health care provided to a covered beneficiary; and (B) that is identified by the contractor as a claim for which a third-party payer may be liable. (b) RECOVERY FROM THIRD-PARTY PAYERS.— The United States shall have the same right to collect charges related to claims described in subsection (a) as charges for claims under sec- tion 1095 of this title. (c) DEFINITION OF THIRD-PARTY PAYER.—In this section, the term ‘‘third-party payer’’ has the meaning given that term in section 1095(h) of this title, except that such term excludes pri- mary medical insurers. (Added Pub. L. 105–261, div. A, title VII, § 711(a)(1), Oct. 17, 1998, 112 Stat. 2058; amended Pub. L. 106–65, div. A, title VII, § 716(c)(2), Oct. 5, 1999, 113 Stat. 692.) Editorial Notes AMENDMENTS 1999—Subsec. (b). Pub. L. 106–65 substituted ‘‘The United States shall have the same right to collect charges related to claims described in subsection (a) as charges for claims under section 1095 of this title.’’ for ‘‘A contractor for the provision of health care services