10 U.S.C. § 1099
10 U.S.C. § 1099
EDITORIAL NOTES
AMENDMENTS2019- Pub. L. 116-92, §702(b)(2)(B), inserted "and payment options" after "system" in section catchline.Subsecs. (d), (e). Pub. L. 116-92, §702(a), added subsec. (d) and redesignated former subsec. (d) as (e).2016-Subsec. (b)(1). Pub. L. 114-328, §701(d)(1), amended par. (1) generally. Prior to amendment, text read as follows: "allow covered beneficiaries to elect a health care plan from eligible health care plans designated by the Secretary of Defense; or". Subsec. (c)(2). Pub. L. 114-328, §701(j)(1)(E), added par. (2) and struck out former par. (2) which read as follows: "The Civilian Health and Medical Program of the Uniformed Services."
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2019 AMENDMENT Amendment by Pub. L. 116-92 applicable to health care coverage beginning on or after Jan. 1, 2021, see section 702(c) of Pub. L. 116-92, set out as a note under section 1097a of this title.
EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114-328 applicable with respect to the provision of health care under the TRICARE program beginning on Jan. 1, 2018, see section 701(k) of Pub. L. 114-328, set out as a note under section 1072 of this title.
REGULATIONSPub. L. 99-661, div. A, title VII, §701(d)(1), (2), Nov. 14, 1986, 100 Stat. 3898, provided that:"(1) Except as provided in paragraph (2), the Secretary of Defense shall prescribe regulations as required by section 1099(d) [now 1099(e)] of title 10, United States Code (as added by subsection (a)(1)) to implement the system of health care enrollment for covered beneficiaries-"(A) on October 1, 1987, with respect to-"(i) covered beneficiaries included in the demonstration project required under section 702 [10 U.S.C. 1073 note]; and "(ii) facilities of the uniformed services located in the geographical area covered by the demonstration project; and"(B) not later than September 30, 1990, for all other covered beneficiaries and facilities of the uniformed services."(2) The Secretary may not assign covered beneficiaries to facilities of the uniformed services, as authorized by section 1099(b)(2) of such title (as added by subsection (a)(1)), before October 1, 1990."
INITIAL ANNUAL OPEN ENROLLMENT PERIOD Pub. L. 114-328, div. A, title VII, §701(d)(2), (3), Dec. 23, 2016, 130 Stat. 2186, provided that:"(2) APPLICATION.-The Secretary of Defense shall implement the initial annual open enrollment period pursuant to section 1099(b)(1) of title 10, United States Code, as amended by paragraph (1), during 2018."(3) GRACE PERIOD DURING FIRST YEAR.-"(A) At any time during the one-year period beginning on the date on which the initial annual open enrollment period begins pursuant to section 1099(b)(1) of title 10, United States Code, as amended by paragraph (1), a covered beneficiary may make an election, or modify such an election, described in such section. "(B) If during such one-year period an individual who is eligible to enroll in the TRICARE program, but does not elect to enroll in such program, receives health care services for an episode of care that would be covered under the TRICARE program if such individual were enrolled in the TRICARE program, the Secretary- "(i) shall pay the out-of-network fees only for the first episode of care and inform the individual of the opportunity to enroll in the TRICARE program; and"(ii) may not pay any costs relating to any subsequent episode of care if such individual is not enrolled in the TRICARE program."
REPORTS TO CONGRESSPub. L. 99-661, div. A, title VII, §701(c)(1), Nov. 14, 1986, 100 Stat. 3898, required Secretary of Defense, not later than July 1, 1987, to submit to Congress a report detailing any plans to establish or implement a system of health care enrollment (other than as required under section 702(a)(2)(C)) under section 1099(a) of this title and the plan of the Secretary for completing implementation of such system.
- Civilian Health and Medical Program of the Uniformed Services
- The term "Civilian Health and Medical Program of the Uniformed Services" means the program authorized under sections 1079 and 1086 of this title and includes contracts entered into under section 1091 or 1097 of this title and demonstration projects under section 1092 of this title.
- 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.
- administering Secretaries
- The term "administering Secretaries" means the Secretaries of executive departments specified in section 1073 of this title as having responsibility for administering this chapter.
- covered beneficiary
- The term "covered beneficiary" means a beneficiary under this chapter other than a beneficiary under section 1074(a) of this title.
- health care
- The term "health care" includes mental health care.
- pay
- The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.
- uniformed services
- The term "uniformed services" means-(A) the armed forces;(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and(C) the commissioned corps of the Public Health Service.