10 U.S.C. § 1073f — Health care fraud and abuse prevention

Page 1031 TITLE 10—ARMED FORCES § 1073f 1 See References in Text note below. level required for the enduring medical support of each such center. ‘‘(e) BRIEFING.—Not later than December 31, 2023, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Rep- resentatives a briefing that— ‘‘(1) describes the establishment of each center of excellence established under subsection (a), to in- clude the location, capability, and capacity of each such center; ‘‘(2) describes the referral policy published by the Defense Health Agency under subsection (c); ‘‘(3) identifies the medical personnel billets identi- fied under subsection (d); and ‘‘(4) provides a plan for the staffing of personnel at such centers to ensure the enduring medical support of each such center. ‘‘(f) MILITARY MEDICAL CENTER DEFINED.—In this sec- tion, the term ‘military medical center’ means a med- ical center described in section 1073d(b) of title 10, United States Code.’’ SATELLITE CENTERS Pub. L. 114–328, div. A, title VII, § 703(a)(3), Dec. 23, 2016, 130 Stat. 2198, provided that: ‘‘In addition to the centers of excellence designated under section 1073d(b)(4) of title 10, United States Code, as added by paragraph (1), the Secretary of Defense may establish satellite centers of excellence to provide specialty care for certain conditions, including with respect to— ‘‘(A) post-traumatic stress; ‘‘(B) traumatic brain injury; and ‘‘(C) such other conditions as the Secretary con- siders appropriate.’’ LIMITATION ON RESTRUCTURE AND REALIGNMENT OF MILITARY MEDICAL TREATMENT FACILITIES Pub. L. 114–328, div. A, title VII, § 703(b), (e), Dec. 23, 2016, 130 Stat. 2198, 2200, provided that: ‘‘(b) EXCEPTION.—In carrying out section 1073d of title 10, United States Code, as added by subsection (a)(1), the Secretary of Defense may not restructure or re- align the infrastructure of, or modify the health care services provided by, a military medical treatment fa- cility unless the Secretary determines that, if such a restructure, realignment, or modification will elimi- nate the ability of a covered beneficiary to access health care services at a military medical treatment facility, the covered beneficiary will be able to access such health care services through the purchased care component of the TRICARE program.’’ ‘‘(e) DEFINITIONS.—In this section [enacting this sec- tion and provisions set out as notes under this section], the terms ‘covered beneficiary’ and ‘TRICARE pro- gram’ have the meaning given those terms in section 1072 of title 10, United States Code.’’ § 1073e. Protection of armed forces from infec- tious diseases (a) PROTECTION.—The Secretary of Defense shall develop and implement a plan to ensure that the armed forces have the diagnostic equip- ment, testing capabilities, and personal protec- tive equipment necessary to protect members of the armed forces from the threat of infectious diseases and to treat members who contract in- fectious diseases. (b) REQUIREMENTS.—In carrying out subsection (a), the Secretary shall ensure the following: (1) Each military medical treatment facility has the testing capabilities described in such subsection, as appropriate for the mission of the facility. (2) Each deployed naval vessel has access to the testing capabilities described in such sub- section. (3) Members of the armed forces deployed in support of a contingency operation outside of the United States have access to the testing capabilities described in such subsection, in- cluding at field hospitals, combat support hos- pitals, field medical stations, and expedi- tionary medical facilities. (4) The Department of Defense maintains— (A) a 30-day supply of personal protective equipment in a quantity sufficient for each member of the armed forces, including the reserve components thereof; and (B) the capability to rapidly resupply such equipment. (c) RESEARCH AND DEVELOPMENT.—(1) The Sec- retary shall include with the defense budget ma- terials (as defined by section 231(f) 1 of this title) for a fiscal year a plan to research and develop vaccines, diagnostics, and therapeutics for infec- tious diseases. (2) The Secretary shall ensure that the med- ical laboratories of the Department of Defense are equipped with the technology needed to fa- cilitate rapid research and development of vac- cines, diagnostics, and therapeutics in the case of a pandemic. (Added Pub. L. 116–283, div. A, title VII, § 712(a), Jan. 1, 2021, 134 Stat. 3691.) Editorial Notes REFERENCES IN TEXT Section 231(f) of this title, referred to in subsec. (c)(1), was redesignated as section 231(g) of this title by Pub. L. 117–263, div. A, title III, § 352(a)(2), Dec. 23, 2022, 136 Stat. 2533, and subsequently was redesignated as sec- tion 231(h) of this title by Pub. L. 118–159, div. A, title X, § 1021(1), Dec. 23, 2024, 138 Stat. 2052. § 1073f. Health care fraud and abuse prevention program (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 In- spector General of the Department of Defense and the Director of the Defense Health Agency. (3) In carrying out such program, the authori- ties 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)) shall be available to the Secretary and the Inspector General. (b) CIVIL MONETARY PENALTIES.—(1) Except as provided in paragraph (2), the provisions of sec- tion 1128A of the Social Security Act (42 U.S.C. 1320a–7a) 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, amounts recovered in connection with any such civil monetary penalty imposed— (A) shall be credited to appropriations avail- able as of the time of the collection for ex- penses of the health care program of the De- Page 1032 TITLE 10—ARMED FORCES § 1074 partment of Defense affected by the fraud and abuse for which such penalty was imposed; and (B) may be used to support the administra- tion of the program authorized under sub- section (a), including to support any inter- agency agreements entered into under sub- section (d). (c) INTERAGENCY AGREEMENTS.—The Secretary of Defense may enter into agreements with the Secretary of Health and Human Services, the Attorney General, or the heads of other Federal agencies, for the effective and efficient imple- mentation of the program authorized under sub- section (a). (d) RULE OF CONSTRUCTION.—Joint administra- tion of the program authorized under subsection (a) may not be construed as limiting the author- ity of the Inspector General of the Department of Defense under any other provision of law. (e) FRAUD AND ABUSE DEFINED.—In this sec- tion, the term ‘‘fraud and abuse’’ means any conduct specified in subsection (a) or (b) of sec- tion 1128A of the Social Security Act (42 U.S.C. 1320a–7a). (Added Pub. L. 117–81, div. A, title VII, § 713(a), Dec. 27, 2021, 135 Stat. 1784.) § 1074. Medical and dental care for members and certain former members (a)(1) Under joint regulations to be prescribed by the administering Secretaries, a member of a uniformed service described in paragraph (2) is entitled to medical and dental care in any facil- ity of any uniformed service. (2) Members of the uniformed services referred to in paragraph (1) are as follows: (A) A member of a uniformed service on ac- tive duty. (B) A member of a reserve component of a uniformed service who has been commissioned as an officer if— (i) the member has requested orders to ac- tive duty for the member’s initial period of active duty following the commissioning of the member as an officer; (ii) the request for orders has been ap- proved; (iii) the orders are to be issued but have not been issued or the orders have been issued but the member has not entered ac- tive duty; and (iv) the member does not have health care insurance and is not covered by any other health benefits plan. (b)(1) Under joint regulations to be prescribed by the administering Secretaries, a member or former member of a uniformed service who is en- titled to retired or retainer pay, or equivalent pay may, upon request, be given medical and dental care in any facility of any uniformed service, subject to the availability of space and facilities and the capabilities of the medical and dental staff. The administering Secretaries may, with the agreement of the Secretary of Veterans Affairs, provide care to persons covered by this subsection in facilities operated by the Sec- retary of Veterans Affairs and determined by him to be available for this purpose on a reim- bursable basis at rates approved by the Presi- dent. (2) Paragraph (1) does not apply to a member or former member entitled to retired pay for non-regular service under chapter 1223 of this title who is under 60 years of age. (c)(1) Funds appropriated to a military depart- ment, the Department of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy), or the De- partment of Health and Human Services (with respect to the National Oceanic and Atmos- pheric Administration and the Public Health Service) may be used to provide medical and dental care to persons entitled to such care by law or regulations, including the provision of such care (other than elective private treat- ment) in private facilities for members of the uniformed services. If a private facility or health care provider providing care under this subsection is a health care provider under the Civilian Health and Medical Program of the Uni- formed Services, the Secretary of Defense, after consultation with the other administering Sec- retaries, may by regulation require the private facility or health care provider to provide such care in accordance with the same payment rules (subject to any modifications considered appro- priate by the Secretary) as apply under that pro- gram. (2)(A) Subject to such exceptions as the Sec- retary of Defense considers necessary, coverage for medical care for members of the uniformed services under this subsection, and standards with respect to timely access to such care, shall be comparable to coverage for medical care and standards for timely access to such care under the managed care option of the TRICARE pro- gram known as TRICARE Prime. (B) The Secretary of Defense shall enter into arrangements with contractors under the TRICARE program or with other appropriate contractors for the timely and efficient proc- essing of claims under this subsection. (C) The Secretary of Defense shall consult with the other administering Secretaries in the administration of this paragraph. (3)(A) A member of the uniformed services de- scribed in subparagraph (B) may not be required to receive routine primary medical care at a military medical treatment facility. (B) A member referred to in subparagraph (A) is a member of the uniformed services on active duty who is entitled to medical care under this subsection and who— (i) receives a duty assignment described in subparagraph (C); and (ii) pursuant to the assignment of such duty, resides at a location that is more than 50 miles, or approximately one hour of driving time, from the nearest military medical treat- ment facility adequate to provide the needed care. (C) A duty assignment referred to in subpara- graph (B) means any of the following: (i) Permanent duty as a recruiter. (ii) Permanent duty at an educational insti- tution to instruct, administer a program of in- struction, or provide administrative services in support of a program of instruction for the Reserve Officers’ Training Corps. (iii) Permanent duty as a full-time adviser to a unit of a reserve component.