Section 1095g - TRICARE program: waiver of recoupment of erroneous payments caused by administrative error(a) WAIVER OF RECOUPMENT.-The Secretary of Defense may waive recoupment from an individual who has benefitted from an erroneous TRICARE payment in a case in which each of the following applies:(1) The payment was made because of an administrative error by an employee of the Department of Defense or a contractor under the TRICARE program.(2) The individual (or in the case of a minor, the parent or guardian of the individual) had a good faith, reasonable belief that the individual was entitled to the benefit of such payment under this chapter.(3) The individual relied on the expectation of such entitlement.(4) The Secretary determines that a waiver of recoupment of such payment is necessary to prevent an injustice.(b) RESPONSIBILITY OF CONTRACTOR.-In any case in which the Secretary waives recoupment under subsection (a) and the administrative error was on the part of a contractor under the TRICARE program, the Secretary shall, consistent with the requirements and procedures of the applicable contract, impose financial responsibility on the contractor for the erroneous payment.(c) FINALITY OF DETERMINATIONS.-Any determination by the Secretary under this section to waive or decline to waive recoupment under subsection (a) is a final determination and shall not be subject to appeal or judicial review.Added Pub. L. 114-92, div. A, title VII, §711(a), Nov. 25, 2015, 129 Stat. 864. - TRICARE program
- The term "TRICARE program" means the various programs carried out by the Secretary of Defense under this chapter and any other provision of law providing for the furnishing of medical and dental care and health benefits to members and former members of the uniformed services and their dependents, including the following health plan options:(A) TRICARE Prime.(B) TRICARE Select.(C) TRICARE for Life.