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NOTES:


Source

(Added , § 1(25)(B), Sept. 2, 1958, ; amended , § 2(6), Sept. 30, 1966, ; , § 1, July 29, 1971, ; , title VIII, § 806(a)(1), Oct. 20, 1978, ; , title VIII, § 810(a), (b), Sept. 8, 1980, ; , title V, §§ 501(13), , (38), Dec. 12, 1980, , 2923; , Dec. 19, 1980, ; , § 11(a)(2), July 10, 1981, ; , title IX, § 906(a)(1), Dec. 1, 1981, ; , title IX, § 931(a), title XII, § 1268(4), Sept. 24, 1983, , 705; , title VI, § 632(a)(1), title XIV, §§ 1401(e)(4), , Oct. 19, 1984, , 2617, 2623; , § 19(7), Oct. 30, 1984, ; , div. A, title VI, § 652(d), title VII, § 703, Nov. 14, 1986, , 3900; , div. A, title VII, §§ 721(a), 726 (a), Dec. 4, 1987, , 1117; , div. A, title VI, § 646(a), Sept. 29, 1988, ; , div. A, title VII, § 730(a), Nov. 29, 1989, ; , div. A, title VII, §§ 701(a), , , (b), , title XIV, § 1484(g)(1), Nov. 5, 1990, , 1581, 1583, 1717; , title III, § 316(b), Apr. 6, 1991, ; , div. A, title VII, §§ 702(b), , , , Dec. 5, 1991, , 1402, 1403; , div. A, title VII, § 704, title X, §§ 1052(13), , Oct. 23, 1992, , 2499, 2501; , title II, § 202(a)(5), May 31, 1993, ; , div. A, title VII, §§ 711, , Nov. 30, 1993, , 1693; , div. A, title VII, §§ 702(a), , Oct. 5, 1994, , 2800; , div. A, title VII, §§ 701, 731 (a)–(d), Feb. 10, 1996, , 380, 381; , div. A, title VII, §§ 701(b)(2), , 731, 732, 735 (c), Sept. 23, 1996, , 2590, 2597, 2599; , div. A, title VII, § 735, Nov. 18, 1997, ; , § 1 [[div. A], title VII, §§ 701(c)(1), , 722 (b)(1), 757 (a)], Oct. 30, 2000, , 1654A–172, 1654A–175, 1654A–185, 1654A–198; , div. A, title VII, §§ 701(b), (g)(2), , , (b), title X, § 1048(c)(5), Dec. 28, 2001, , 1161–1163, 1226; , div. A, title VII, §§ 701(a), § 702, § 705(a), Dec. 2, 2002, , 2584.)

Historical and Revision Notes
Revised section Source (U.S. Code) Source (Statutes at Large)
1079(a)
1079(b) 37:402(a)(2) (as applicable to 37:411(a)).
37:411(a).
37:411(b).
37:414. June 7, 1956, ch. 374, §§ 102(a)(2) (as applicable to § 201(a)), 201(a), (b), 204, 70 Stat. 250, 252, 253.

In subsection (a), the words “appointed, enlisted, inducted or called, ordered or conscripted in a uniformed service”, in 37:402(a)(2) are omitted as surplusage, since it does not matter how a member became a member. The words “active duty for a period of more than 30 days” are substituted for the words “active duty or active duty for training pursuant to a call or order that does not specify a period of thirty days or less”, in 37:402(a)(2), to reflect section and (23) of this title. The words “, under the authority of this section,” are substituted for the words “pursuant to the provisions of this title” to make clear that the section provides independent procurement authority. The words “all”, “by the hospital”, and “a period of”, in 37:411(a), are omitted as surplusage. In subsection (a)(1), the word “rooms”, in 37:411(a), is substituted for the word “accommodations”. In subsection (a)(5), the word “services” is substituted for the word “procedures” and the word “performed” is substituted for the word “accomplished”, in 37: 411(a). The words “or surgeon” are inserted for clarity. In subsection (b), the word “variances” is substituted for the words “limitations, additions, exclusions”. The words “or care other than that provided for in sections 1076–1078 of this title” are substituted for 37:414. The words “definitions, and related provisions”, in 37:411(b), are omitted as surplusage, since the Secretary of an executive department has inherent authority to interpret laws and issue regulations.

References in Text
The Social Security Act, referred to in subsecs. (h)(1), (4)(A), (B)(i), (i)(3)(B)(ii), (C), (j)(1), (2), and (o)(2), is act Aug. 13, 1935, ch. 531, , as amended. Part B of title XI of the Act is classified generally to part B (§ 1320c et seq.) of subchapter of chapter of Title , The Public Health and Welfare. Titles XVIII and XIX of the Act are classified generally to subchapters XVIII (§ 1395 et seq.) and XIX (§ 1396 et seq.), respectively, of chapter of Title . Parts A and B of title XVIII of the Act are classified generally to part A (§ 1395c et seq.) and part B (§ 1395j et seq.), respectively, of subchapter of chapter of Title . Section 1861(m) of the Act is classified to section of Title . For complete classification of this Act to the Code, see section of Title and Tables.

Prior Provisions
Provisions similar to those in subsec. (a)(7) to (14) of this section were contained in the following appropriation acts, with the exception of the provisions similar to par. (14) which first appeared in : , title I, § 101(h) [title VIII, §§ 8031, , 8045], Oct. 12, 1984, , 1929, 1931. , title VII, §§ 737, 738, 752, Dec. 8, 1983, , 1447. , title I, § 101(c) [title VII, §§ 740, , 756], Dec. 21, 1982, , 1857, 1860. , title VII, §§ 741, , 759, Dec. 29, 1981, , 1588. , title VII, §§ 742, , 763, Dec. 15, 1980, , 3092. , title VII, §§ 744, , 769, Dec. 21, 1979, , 1163. , title VIII, §§ 844, , Oct. 13, 1978, . , title VIII, §§ 843, , Sept. 21, 1977, . , title VII, §§ 742, , Sept. 22, 1976, . , title VII, §§ 750, 751, Feb. 9, 1976, . Provisions similar to those added to subsec. (h)(2) of this section by section 1401(e)(4)(B) of were contained in the following prior appropriation acts: , title I, § 101(h) [title VIII, § 8077], Oct. 12, 1984, , 1938. , title VII, § 785, Dec. 8, 1983, . A prior section , act Aug. 10, 1956, ch. 1041, 70A Stat. 84, related to establishment of right to vote, prior to repeal by , § 36B(5), Sept. 2, 1958, , as superseded by the Federal Voting Assistance Act of 1955 which is classified to subchapter I–D (§ 1973cc et seq.) of chapter of Title , The Public Health and Welfare.

Amendments
2002—Subsec. (i)(3). , § 701(a), designated existing provisions as subpar. (A), substituted “Except as provided in subparagraph (B),” for “Except in the case of an emergency,”, and added subpars. (B) and (C). Subsec. (p)(1). , § 702(1), substituted “dependents described in paragraph (3)” for “dependents referred to in subsection (a) of a member of the uniformed services referred to in section of this title who are residing with the member”. Subsec. (p)(3), (4). , § 702(2), (3), added par. (3) and redesignated former par. (3) as (4). Subsec. (q). , § 705(a), added subsec. (q). 2001—Subsec. (a)(5). , § 703(b), amended par. (5) generally. Prior to amendment, par. (5) read as follows: “Durable equipment, such as wheelchairs, iron lungs and hospital beds may be provided on a rental basis.” Subsec. (a)(17). , § 701(g)(2), struck out par. (17) which read as follows: “(17)(A) The Secretary of Defense may establish a program for the individual case management of a person covered by this section or section of this title who has extraordinary medical or psychological disorders and, under such a program, may waive benefit limitations contained in paragraphs (5) and (13) of this subsection or section of this title and authorize the payment for comprehensive home health care services, supplies, and equipment if the Secretary determines that such a waiver is cost-effective and appropriate. “(B) The total amount expended under subparagraph (A) for a fiscal year may not exceed $100,000,000.” Subsec. (d) to (f). , § 701(b), added subsecs. (d) to (f) and struck out former subsecs. (d) to (f) which related to medical care provided for retarded or handicapped dependents, the requirement of members sharing in cost of benefits provided, and the requirement that members use public facilities to the extent available and adequate, respectively. Subsec. (h)(2). , § 1048(c)(5), substituted “February 10, 1996,” for “the date of the enactment of this paragraph”. Subsec. (h)(4). , § 707(b), designated existing provisions as subpar. (A) and added subpar. (B). Subsec. (j)(2) to (4). , § 707(a), designated existing provisions of subpar. (A) of par. (2) as par. (2) and substituted “shall be determined under joint regulations” for “may be determined under joint regulations”, redesignated subpar. (B) of par. (2) as par. (4) and substituted therein “this subsection,” for “subparagraph (A),”, and added par. (3). 2000—Subsec. (a)(17). , § 1 [[div. A], title VII, § 701(c)(1)], designated existing provisions as subpar. (A) and added subpar. (B). Subsec. (g). , § 1 [[div. A], title VII, § 704(b)], substituted “three-year period” for “one-year period”. Subsec. (h)(5). , § 1 [[div. A], title VII, § 757(a)], added par. (5). Subsec. (p). , § 1 [[div. A], title VII, § 722(b)(1)], added subsec. (p). 1997—Subsec. (h)(1). , § 735(a), added par. (1) and struck out former par. (1) which read as follows: “Payment for a charge for services by an individual health care professional (or other noninstitutional health care provider) for which a claim is submitted under a plan contracted for under subsection (a) may not exceed the lesser of— “(A) the amount equivalent to the 80th percentile of billed charges made for similar services in the same locality during the base period; or “(B) an amount determined to be appropriate, to the extent practicable, in accordance with the same reimbursement rules as apply to payments for similar services under title XVIII of the Social Security Act ( U.S.C. et seq.).” Subsec. (h)(2). , § 735(c)(2), redesignated par. (4) as (2). , § 735(a), struck out par. (2) which read as follows: “For the purposes of paragraph (1)(A), the 80th percentile of charges shall be determined by the Secretary of Defense, in consultation with the other administering Secretaries, and the base period shall be a period of twelve calendar months. The Secretary of Defense shall adjust the base period as frequently as he considers appropriate.” Subsec. (h)(3). , § 735(c)(2), redesignated par. (5) as (3). , § 735(a), struck out par. (3) which read as follows: “For the purposes of paragraph (1)(B), the appropriate payment amount shall be determined by the Secretary of Defense, in consultation with the other administering Secretaries.” Subsec. (h)(4). , § 735(c)(2), redesignated par. (4) as (2). Subsec. (h)(5). , § 735(c)(2), redesignated par. (5) as (3). , § 735(b), (c)(1), substituted “paragraph (2), the Secretary of Defense” for “paragraph (4), the Secretary” and inserted at end “With the consent of the health care provider, the Secretary is also authorized to reduce the authorized payment for certain health care services below the amount otherwise required by the payment limitations under paragraph (1).” Subsec. (h)(6). , § 735(c)(2), redesignated par. (6) as (4). 1996—Subsec. (a). , § 731(b)(1), substituted “except as follows:” for “except that—” in introductory provisions. Subsec. (a)(1). , § 731(b)(2), (3), capitalized first letter of first word and substituted a period for the semicolon at end. Subsec. (a)(2). , § 731(b)(2), (3), capitalized first letter of first word and substituted a period for the semicolon at end. , § 701(b)(2), inserted “the schedule and method of colon and prostate cancer screenings,” after “pap smears and mammograms,” in introductory provisions and “or colon and prostate cancer screenings” after “pap smears and mammograms” in subpar. (B). , § 701, added par. (2) and struck out former par. (2) which read as follows: “routine physical examinations and immunizations of dependents over two years of age may only be provided when required in the case of dependents who are traveling outside the United States as a result of a member’s duty assignment and such travel is being performed under orders issued by a uniformed service, except that pap smears and mammograms may be provided on a diagnostic or preventive basis;”. Subsec. (a)(3) to (12). , § 731(b)(2), (3), capitalized first letter of first word and substituted a period for the semicolon at end. Subsec. (a)(13). , § 731(a), (b)(2), substituted “Any service” for “any service” and “paragraph (4).” for “paragraph (4);” and inserted at end “Pursuant to an agreement with the Secretary of Health and Human Services and under such regulations as the Secretary of Defense may prescribe, the Secretary of Defense may waive the operation of this paragraph in connection with clinical trials sponsored or approved by the National Institutes of Health if the Secretary of Defense determines that such a waiver will promote access by covered beneficiaries to promising new treatments and contribute to the development of such treatments.” Subsec. (a)(14), (15). , § 731(b)(2), (3), capitalized first letter of first word and substituted a period for the semicolon at end. Subsec. (a)(16). , § 731(b)(2), (4), capitalized first letter of first word and substituted a period for “; and” at end. Subsec. (a)(17). , § 731(b)(2), capitalized first letter of first word. Subsec. (h)(1). , § 731(a), added par. (1) and struck out former par. (1) which read as follows: “Payment for a charge for services by an individual health-care professional (or other noninstitutional health-care provider) for which a claim is submitted under a plan contracted for under subsection (a) may be denied only to the extent that the charge exceeds the amount equivalent to the 80th percentile of billed charges made for similar services in the same locality during the base period.” Subsec. (h)(2). , § 731(d), substituted “paragraph (1)(A)” for “paragraph (1)”. Subsec. (h)(3). , § 731(b), added par. (3). Subsec. (h)(4). , § 711, struck out “emergency” before “services from nonparticipating providers.” , § 731(c), added par. (4). Subsec. (h)(5). , § 732(2), added par. (5). Former par. (5) redesignated (6). , § 731(c), added par. (5). Subsec. (h)(6). , § 732(1), redesignated par. (5) as (6). Subsec. (j)(1). , § 735(c), inserted “, including any plan offered by a third-party payer (as defined in section of this title),” after “or health plan”. 1994—Subsec. (a). , § 702(a)(1), substituted “dependents, as described in subparagraphs (A), (D), and (I) of section of this title,” for “spouses and children”. Subsec. (d). , § 702(a)(2), substituted “as described in subparagraph (A), (D), or (I) of section ” for “as defined in section or (D)”. Subsec. (g). , § 707(a), inserted at end “In addition, when a member dies while on active duty for a period of more than 30 days, the member’s dependents who are receiving benefits under a plan covered by subsection (a) shall continue to be eligible for such benefits during the one-year period beginning on the date of the death of the member.” 1993—Subsec. (a)(7). , § 716(c), substituted “except that those services may be provided in any case in which another insurance plan or program provides primary coverage for those services;” for “except that— “(A) those services may be provided in any case in which another insurance plan or program provides primary coverage for those services; and “(B) the Secretary of Defense may waive the 40-mile radius restriction with regard to the provision of a particular service before October 1, 1993, if the Secretary determines that the use of a different geographical area restriction will result in a more cost-effective provision of the service;”. Subsec. (a)(15). made technical amendment to directory language of , § 704(1). See 1992 Amendment note below. Subsec. (o). , § 711, added subsec. (o). 1992—Subsec. (a)(15). , § 1053(3), made technical amendment to directory language of , § 702(b)(1)(C). See 1991 Amendment note below. , § 704(1), as amended by , struck out “and” at end of par. (15). Subsec. (a)(16). , § 704(2), substituted “; and” for period at end. Subsec. (a)(17). , § 704(3), added par. (17). Subsec. (j)(2)(B). , § 1052(13), inserted a close parenthesis after “1395x(dd)(2)”. 1991—Subsec. (a)(6). , § 316(b), revived par. (6) as in effect on Feb. 14, 1991, thus negating amendment to par. (6) by , § 703(a), from its original effective date (Feb. 15, 1991) to the effective date as amended (Oct. 1, 1991). See 1990 Amendment note and Effective Date of 1990 Amendment note below. Subsec. (a)(7). , § 711, substituted “except that—” and subpars. (A) and (B), for “except that such services may be provided in any case in which another insurance plan or program provides primary coverage for the services;”. Subsec. (a)(13). , § 702(b)(1)(A), substituted “paragraph (4)” for “clause (4)”. Subsec. (a)(14). , § 702(b)(1)(B), struck out “and” at end. Subsec. (a)(15). , § 702(b)(1)(C), as amended by , § 1053(3), substituted “; and” for period at end. Subsec. (a)(16). , § 702(b)(1)(D), added par. (16). Subsec. (i). , § 316(b), revived subsec. (i) as in effect on Feb. 14, 1991, thus negating amendment to subsec. (i) by , § 703(b), from its original effective date (Feb. 15, 1991) to the effective date as amended (Oct. 1, 1991). See 1990 Amendment note and Effective Date of 1990 Amendment note below. Subsec. (j)(1). , § 713, inserted “, or covered by,” after “person enrolled in”. Subsec. (j)(2)(B). , § 702(b)(2), inserted “hospice program (as defined in section 1861(dd)(2) of the Social Security Act ( U.S.C. ),”. Subsec. (n). , § 712(a), added subsec. (n). 1990—Subsec. (a)(2). , § 701(a), inserted before the semicolon “, except that pap smears and mammograms may be provided on a diagnostic or preventive basis”. Subsec. (a)(6). , § 703(a), substituted “in excess of—” for “in excess of 60 days in any year;” and added subpars. (A) to (C). Subsec. (a)(8). , § 702(a)(1), inserted “(other than certified marriage and family therapists)” after “marital counselors” and inserted before semicolon “and services of certified marriage and family therapists may be provided consistent with such rules as may be prescribed by the Secretary of Defense, including credentialing criteria and a requirement that the therapists accept payment under this section as full payment for all services provided”. Subsec. (a)(13). , § 702(a)(2), inserted “certified marriage and family therapist,” after “psychologist,”. Subsec. (b)(2). , § 712(a)(1), substituted “$150” for “$50” and inserted at end “Notwithstanding the preceding sentence, in the case of a dependent of an enlisted member in a pay grade below E–5, the initial deductible each fiscal year under this paragraph shall be limited to $50.” Subsec. (b)(3). , § 712(a)(2), substituted “$300 (or in the case of the family group of an enlisted member in a pay grade below E–5, the first $100)” for “$100”. Subsec. (i). , § 703(b), amended subsec. (i) generally. Prior to amendment, subsec. (i) read as follows: “The limitation in subsection (a)(6) does not apply in the case of inpatient mental health services— “(1) provided under the program for the handicapped under subsection (d); “(2) provided as residential treatment care; “(3) provided as partial hospital care; or “(4) provided pursuant to a waiver authorized by the Secretary of Defense because of extraordinary medical or psychological circumstances that are confirmed by review by a non-Federal health professional pursuant to regulations prescribed by the Secretary of Defense.” Subsec. (j)(2)(B). , § 1484(g)(1), inserted “the term” after “In subparagraph (A),”. 1989—Subsec. (h)(1), (2). substituted “80th percentile” for “90th percentile”. 1988—Subsec. (b)(1). , § 646(a)(1), inserted provisions authorizing Secretary of Defense to exempt a patient from paying such amount if the hospital to which the patient is admitted does not impose a legal obligation on any of its patients to pay for inpatient care. Subsec. (m). , § 646(a)(2), added subsec. (m). 1987—Subsec. (a)(15). , § 726(a), added par. (15). Subsec. (b)(5). , § 721(a), added par. (5). 1986—Subsec. (a)(7). , § 703, substituted “provides primary coverage for the services” for “pays for at least 75 percent of the services”. Subsec. (l). , § 652(d), added subsec. (l). 1984—Subsec. (a). , § 19(7)(B), substituted reference to other administering Secretaries for reference to Secretary of Health and Human Services in provisions preceding cl. (1). Subsec. (a)(3). , § 632(a)(1), substituted “not more than one eye examination may be provided to a patient in any calendar year” for “eye examinations may not be provided”. Subsec. (a)(4). , § 19(7)(A), substituted reference to the administering Secretaries for reference to the Secretary of Defense and the Secretary of Health and Human Services. Subsec. (a)(7) to (14). , § 1401(e)(4)(A), added cls. (7) to (14). Subsecs. (b)(4), (c), (d). , § 19(7)(A), substituted reference to the administering Secretaries for reference to the Secretary of Defense and the Secretary of Health and Human Services. Subsec. (e). , § 1405(23), substituted “under subsection (d) as follows:” for “under subsection (d).” in provisions preceding cl. (1). Subsecs. (e)(1), (f). , § 19(7)(A), substituted reference to the administering Secretaries for reference to the Secretary of Defense and the Secretary of Health and Human Services. Subsec. (h)(2). , § 19(7)(B), substituted reference to other administering Secretaries for reference to Secretary of Health and Human Services. , § 1401(e)(4)(B), substituted “The Secretary of Defense shall adjust the base period as frequently as he considers appropriate” for “The base period shall be adjusted at least once a year”. Subsec. (j)(2)(A). , § 19(7)(A), substituted reference to the administering Secretaries for reference to the Secretary of Defense and the Secretary of Health and Human Services. Subsec. (k)(1), (2). , § 19(7)(B), substituted reference to other administering Secretaries for reference to Secretary of Health and Human Services. 1983—Subsec. (a). , § 1268(4)(A), substituted “30” for “thirty” in provisions preceding par. (1). Subsec. (a)(6). , § 931(a)(1), added par. (6). Subsec. (d). , § 1268(4)(A), substituted “30” for “thirty”. Subsec. (g). , § 1268(4)(B), struck out “of this section” after “subsection (d)”. Subsecs. (i) to (k). , § 931(a)(2), added subsecs. (i) to (k). 1981—Subsec. (b)(4). substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”. Subsec. (h). substituted reference to services of individual health-care professionals for former reference to physician services, struck out provisions that had used the concept of a predetermined charge level based upon customary charges, and inserted provisions requiring a readjustment of the base period at least once a year. 1980—Subsec. (a). , § 511(36), (38)(A), substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare” wherever appearing, and “that—” for “that:”. Subsec. (a)(2). , § 810(a)(1), inserted “of dependents over two years of age” after “immunizations”. Subsec. (a)(3). , § 810(a)(2), struck out “routine care of the newborn, well-baby care, and” after “(3)”. Subsec. (b)(4). added par. (4). , § 511(38)(B), substituted “percent” for “per centum” wherever appearing. Subsec. (c). , § 511(36), substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”. Subsec. (d). , §§ 501(13), , substituted “section or (D) of this title” for “section , (C), or (E) of this title”, and “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”. Subsec. (e). , § 511(36), (38)(C), substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”, and “(d) as follows:” for “(d).”. Subsec. (e)(2). , § 810(b), substituted “$1,000” for “$350”. Subsec. (f). , § 511(36), substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”. Subsec. (g). , § 511(38)(D), struck out “, United States Code,” after “37”. Subsec. (h). , § 511(36), substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”. 1978—Subsec. (h). added subsec. (h). 1971—Subsec. (g). added subsec. (g). 1966—Subsec. (a). struck out “dependent” before “spouses and children” and substituted sentence providing that “The types of health care authorized under this section, shall be the same as those provided under section of this title”, enumerating exceptions in pars. (1) to (5) for former provisions which required the insurance, medical service, or health plans to include (1) hospitalization in semiprivate rooms for not more than 365 days for each admission, (2) medical and surgical care incident to hospitalization, (3) obstetrical and maternity service, including prenatal and postnatal care, (4) services of physician or surgeon before or after hospitalization for bodily injury or surgical operation, (5) diagnostic tests and services incident to hospitalization, and (6) payments by patient of hospital expenses, now incorporated in subsec. (b)(1). Subsec. (b). incorporated existing provisions of subsec. (a)(6) in par. (1) and added pars. (2) and (3). Former subsec. (b) authorized the Secretary of Defense to make variances from subsec. (a) requirements as appropriate other than outpatient care or care other than provided for in sections to of this title. Subsecs. (c) to (f). added subsecs. (c) to (f).

Effective Date of 2002 Amendment
, div. A, title VII, § 701(b), Dec. 2, 2002, , provided that: “The amendments made by subsection (a) [amending this section] shall take effect October 1, 2003.” , div. A, title VII, § 705(b), Dec. 2, 2002, , provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to any contract under the TRICARE program entered into on or after the date of the enactment of this Act [Dec. 2, 2002].”

Effective Date of 2001 Amendment
, div. A, title VII, § 707(c), Dec. 28, 2001, , provided that: “The amendments made by this section [amending this section] shall take effect on the date that is 90 days after the date of the enactment of this Act [Dec. 28, 2001].”

Effective Date of 2000 Amendment
, § 1 [[div. A], title VII, § 701(c)(3)], Oct. 30, 2000, , 1654A–172, provided that: “The amendments made by paragraphs (1) and (2) [amending this section and provisions set out as a note under section of this title] shall apply to fiscal years after fiscal year 1999.” Amendment by section 1 [[div. A], title VII, § 722(b)(1)] of effective Oct. 1, 2001, see section 1 [[div. A], title VII, § 722(c)(1)] of , set out as a note under section of this title.

Effective Date of 1994 Amendment
, div. A, title VII, § 707(c), Oct. 5, 1994, , provided that: “The amendments made by subsections (a) and (b) [amending this section and section of this title] shall apply with respect to the dependents described in such amendments of a member of a uniformed service who dies on or after October 1, 1993, while on active duty for a period of more than 30 days.”

Effective Date of 1993 Amendment
Amendment by applicable as if included in the enactment of , see section 202(b) of , set out as a note under section of this title.

Effective Date of 1992 Amendment
Section 1053(3) of provided that the amendment made by that section is effective Dec. 5, 1991.

Effective Date of 1991 Amendment
Section 316(b) of provided that the amendment made by that section is effective Feb. 15, 1991.

Effective Date of 1990 Amendment
Section 701(b) of provided that: “The amendment made by subsection (a) [amending this section] shall apply to the provision of pap smears and mammograms under section or of title , United States Code, on or after the date of the enactment of this Act [Nov. 5, 1990].” Section 702(b) of provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to the services of certified marriage and family therapists provided under section or of title , United States Code, on or after the date of the enactment of this Act [Nov. 5, 1990].” Section 703(d) of , as amended by , title III, § 316(a)(1), Apr. 6, 1991, , provided that: “This section and the amendments made by this section [amending this section] shall take effect on October 1, 1991, and shall apply with respect to mental health services provided under section or of title , United States Code, on or after that date.” Section 712(c) of provided that: “The amendments made by this section [amending this section and section of this title] shall apply with respect to health care provided under sections and of title , United States Code, on or after April 1, 1991.”

Effective Date of 1989 Amendment
Section 730(b) of provided that: “The amendment made by subsection (a) [amending this section] shall apply to services provided on or after October 1, 1989.”

Effective Date of 1988 Amendment
Section 646(c) of provided that: “The amendments made by subsections (a) and (b) [amending this section and section of this title] shall apply with respect to medical care received after September 30, 1988.”

Effective Date of 1987 Amendment
Section 721(c) of provided that: “Paragraph (5) of section of title , United States Code, as added by subsection (a), and paragraph (4) of section 1086(b) of such title, as added by subsection (b), shall apply with respect to fiscal years beginning after September 30, 1987.” Section 726(b) of provided that: “Paragraph (15) of section 1079(a) of such title, as added by subsection (a), shall apply with respect to costs incurred for home monitoring equipment after the date of the enactment of this Act [Dec. 4, 1987].”

Effective Date of 1986 Amendment
Section 652(e)(4) of provided that: “The amendment made by subsection (d) [amending this section] shall apply only with respect to care furnished under section of title , United States Code, on or after the date of the enactment of this Act [Nov. 14, 1986].”

Effective Date of 1984 Amendment
Section 632(a)(3) of provided that: “The amendments made by this subsection [amending this section and section of this title] shall apply only to health care furnished after September 30, 1984.” Amendment by section 1401(e)(4) of effective Oct. 1, 1985, see section 1404 of , set out as an Effective Date note under section of this title.

Effective Date of 1983 Amendment
Section 931(c) of provided that: “The amendments made by this section [amending this section and section of this title] shall take effect on October 1, 1983, except that— “(1) clause (6) of section of title , United States Code, as added by subsection (a)(1), shall not apply in the case of inpatient mental health services provided to a patient admitted before January 1, 1983, for so long as that patient remains continuously in inpatient status for medically or psychologically necessary reasons; and “(2) subsection (k) of section of such title, as added by subsection (a)(1), shall apply with respect to liver transplant operations performed on or after July 1, 1983.”

Effective Date of 1981 Amendment
Section 906(b) of provided that: “The amendments made by subsection (a) [amending this section and section of this title] shall apply with respect to claims submitted for payment for services provided after the end of the 30-day period beginning on the date of the enactment of this Act [Dec. 1, 1981].”

Effective Date of 1980 Amendments
Amendment by section 501(13) of effective Sept. 15, 1981, see section 701 of , set out as a note under section of this title. Amendment by section 511 of effective Dec. 12, 1980, see section 701(b)(3) of . Section 810(c) of provided that: “The amendments made by this section [amending this section] shall apply to medical care provided after September 30, 1980.”

Effective Date of 1978 Amendment
Section 806(b) of provided that: “the amendments made by subsection (a) [amending this section and section of this title] shall apply with respect to claims submitted for payment for services provided on or after the first day of the first calendar year beginning after the date of enactment of this Act [Oct. 20, 1978].”

Effective Date of 1971 Amendment
Section 2 of provided that: “This Act [amending this section] becomes effective as of January 1, 1967. However, no person is entitled to any benefits because of this Act for any period before the date of enactment [July 29, 1971].”

Effective Date of 1966 Amendment
For effective date of amendment by , see section 3 of , set out as a note under section of this title.

Plan for Providing Health Coverage Information to Members, Former Members, and Dependents Eligible for Certain Health Benefits
, div. A, title VII, § 724, Nov. 24, 2003, , provided that: “(a) Health Information Plan Required.—The Secretary of Defense shall develop a plan to— “(1) ensure that each household that includes one or more eligible persons is provided information concerning— “(A) the extent of health coverage provided by sections or of title , United States Code, for each such person; “(B) the costs, including the limits on such costs, that each such person is required to pay for such health coverage; “(C) sources of information for locating TRICARE-authorized providers in the household’s locality; and “(D) methods to obtain assistance in resolving difficulties encountered with billing, payments, eligibility, locating TRICARE-authorized providers, collection actions, and such other issues as the Secretary considers appropriate; “(2) provide mechanisms to ensure that each eligible person has access to information identifying TRICARE-authorized providers in the person’s locality who have agreed to accept new patients under section or of title , United States Code, and to ensure that such information is periodically updated; “(3) provide mechanisms to ensure that each eligible person who requests assistance in locating a TRICARE-authorized provider is provided such assistance; “(4) provide information and recruitment materials and programs aimed at attracting participation of health care providers as necessary to meet health care access requirements for all eligible persons; and “(5) provide mechanisms to allow for the periodic identification by the Department of Defense of the number and locality of eligible persons who may intend to rely on TRICARE-authorized providers for health care services. “(b) Implementation of Plan.—The Secretary of Defense shall implement the plan required by subsection (a) with respect to any contract entered into by the Department of Defense after May 31, 2003, for managed health care. “(c) Definitions.—In this section: “(1) The term ‘eligible person’ means a person eligible for health benefits under section or of title , United States Code. “(2) The term ‘TRICARE-authorized provider’ means a facility, doctor, or other provider of health care services— “(A) that meets the licensing and credentialing certification requirements in the State where the services are rendered; “(B) that meets requirements under regulations relating to TRICARE for the type of health care services rendered; and “(C) that has accepted reimbursement by the Secretary of Defense as payment for services rendered during the 12-month period preceding the date of the most recently updated provider information provided to households under the plan required by subsection (a). “(d) Submission of Plan.—Not later than March 31, 2004, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives the plan required by subsection (a), together with a schedule for implementation of the plan.”

Report on Actions To Establish Special Reimbursement Rates
, § 1 [[div. A], title VII, § 757(b)(1)], Oct. 30, 2000, , 1654A–199, provided that: “Not later than March 31, 2001, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives and the General Accounting Office a report on actions taken to carry out section of title , United States Code (as added by subsection (a)) and section 1097b of such title.”

Programs Relating to Sale of Pharmaceuticals
Section 702 of , as amended by , div. A, title VII, § 721, Nov. 30, 1993, ; , div. A, title VII, § 706, Oct. 5, 1994, ; , § 1 [[div. A], title VII, § 711(b)], Oct. 30, 2000, , 1654A–176, provided that: “(a) Demonstration Project for Pharmaceuticals by Mail.—Not later than 18 months after the date of the enactment of this Act [Oct. 23, 1992], the Secretary of Defense, in consultation with the administering Secretaries, shall— “(1) establish a demonstration project that permits eligible persons described in subsection (c) to obtain prescription pharmaceuticals by mail in connection with medical care furnished to such persons under chapter of title , United States Code; and “(2) conduct the demonstration project in two or more regions selected by the Secretary, each of which consists of two or more States. “(b) Retail Pharmacy Network.—To the maximum extent practicable, the Secretary of Defense shall include in each managed health care program initiated, awarded, or renewed by the Secretary after January 1, 1993, a program to supply prescription pharmaceuticals to eligible persons described in subsection (c) through a managed care network of community retail pharmacies in the area covered by the managed health care program. “(c) Eligible Persons.—A person eligible to obtain pharmaceuticals under the demonstration project established under subsection (a) or the retail pharmacy network included in a managed health care program under subsection (b) is any person living in the area covered by the demonstration project or managed health care program— “(1) who is eligible for medical care under a contract for medical care entered into by the Secretary of Defense under section or of title , United States Code; or “(2) who— “(A) would be eligible for medical care under a contract for medical care entered into under section 1086 of such title except for operation of subsection (d)(1) of such section; and “(B) either— “(i) resides in an area that is adversely affected (as determined by the Secretary) by the closure of a health care facility of the uniformed services as a result of the closure or realignment of the military installation at which such facility is located; or “(ii) can demonstrate to the satisfaction of the Secretary that the person relied upon a health care facility referred to in clause (i) before the closure of the facility to obtain the person’s pharmaceuticals. “(d) Pharmaceuticals Offered; Purchase Fees.—(1) The Secretary of Defense, in consultation with the administering Secretaries, shall— “(A) determine the pharmaceuticals that may be obtained by eligible persons under the demonstration project established under subsection (a) or the retail pharmacy network included in a managed health care program under subsection (b); and “(B) establish an appropriate fee, charge, or copayment to be paid by such persons for pharmaceuticals obtained under the demonstration project or managed health care program. “(2) In the case of persons eligible to participate in the demonstration project for pharmaceuticals or the retail pharmacy network by reason of clause (ii) of subsection (c)(2)(B), the Secretary of Defense may increase the fees, charges, and copayments established under paragraph (1)(B) and otherwise applicable to such persons by an amount necessary to cover any additional costs incurred by the administering Secretaries as a result of making pharmaceuticals available to such persons under this section. “(e) Report Regarding Demonstration Project.—Not later than two years after the establishment of the demonstration project under subsection (a), the Secretary of Defense shall submit to Congress a report— “(1) describing the results of the demonstration project required by subsection (a); “(2) containing such recommendations for revision of the demonstration project as the Secretary considers to be necessary; and “(3) containing a plan (including a schedule) for implementing the demonstration project throughout the United States. “(f) Additional Report Regarding Programs.—Not later than January 1, 1994, the Secretary of Defense shall submit to Congress a report containing— “(1) an evaluation of the feasibility and advisability of increasing the size of those areas determined by the Secretary under subsection (c)(2) to be adversely affected by the closure of a health care facility of the uniformed services in order to increase the number of persons described in such subsection who will be eligible to participate in the demonstration project for pharmaceuticals by mail or in the retail pharmacy network under this section; “(2) an evaluation of the feasibility and advisability of expanding the demonstration project and the retail pharmacy network under this section to include all covered beneficiaries under chapter of title , United States Code, including those persons currently excluded from participation in the Civilian Health and Medical Program of the Uniformed Services by operation of section 1086(d)(1) of such title; “(3) an estimation of the costs that would be incurred, and any savings that would be achieved by improving efficiencies of operation, as a result of undertaking the increase or expansion described in paragraph (1) or (2); and “(4) such recommendations as the Secretary considers to be appropriate. “(g) Definitions.—In this section, the terms ‘uniformed services’ and ‘administering Secretaries’ have the meanings given those terms in section of title , United States Code. “(h) Termination.—This section shall cease to apply to the Secretary of Defense on the date after the implementation of section 711 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 [section 1 [[div. A], title VII, § 711] of , amending this note and provisions set out as a note under section of this title] that the Secretary determines appropriate, with a view to minimizing instability with respect to the provision of pharmacy benefits, but in no case later than the date that is one year after the date of the enactment of such Act [Oct. 30, 2000].”

Correction of Omission in Delay of Increase of CHAMPUS Deductibles Related to Operation Desert Storm
Section 721 of provided that: “(a) Lower CHAMPUS Annual Deductible.—In the case of health care provided under section or of title , United States Code, during the period beginning on April 1, 1991, and ending on September 30, 1991, to a CHAMPUS beneficiary described in subsection (b), the annual deductibles specified in such sections applicable to that care may not exceed the annual deductibles in effect under such sections on November 4, 1990. “(b) Eligible CHAMPUS Beneficiaries.—A CHAMPUS beneficiary referred to in subsection (a) is a covered beneficiary of the Civilian Health and Medical Program of the Uniformed Services who, during any portion of the period specified in that subsection— “(1) was a member or former member of a uniformed service entitled to retired or retainer pay and served on active duty in the Persian Gulf theater of operations in connection with Operation Desert Storm; or “(2) was a dependent of a member of a uniformed service who served on active duty in the Persian Gulf theater of operations in connection with Operation Desert Storm. “(c) Credit or Reimbursement of Excess.—Subject to the availability of appropriated funds to the Secretary of Defense, the Secretary shall provide— “(1) for the reimbursement of the amount of any deductible paid under section or of title , United States Code, during the period specified in subsection (a) in excess of the amount required to be paid by operation of that subsection; or “(2) for a credit against the annual deductible required under such sections for a fiscal year equal to the amount of the excess deductible paid. “(d) Definitions.—For purposes of this section, the term ‘Operation Desert Storm’ has the meaning given that term in section 3(1) of the Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991 (Public Law 102–25; U.S.C. ).”

Temporary CHAMPUS Provisions for Dependents of Operation Desert Shield/Desert Storm Active Duty Personnel
, title VIII, § 8085, Nov. 26, 1991, , provided that: “Any CHAMPUS (Civilian Health and Medical Program of the Uniformed Services) health care provider may voluntarily waive the patient copayment for medical services provided from August 2, 1990, until the termination of Operation Desert Shield/Desert Storm for dependents of active duty personnel: Provided, That the Government’s share of medical services is not increased during the specified time period.” Similar provisions were contained in , § 105, Apr. 10, 1991, . Section 312 of provided that: “(a) Delay in the Increase of Annual Deductibles under CHAMPUS.—The annual deductibles specified in subsection (b) of section of title 10, United States Code (as in effect on November 4, 1990), shall apply until October 1, 1991, in the case of health care provided under that section to the dependents of a member of the uniformed services who serves or served on active duty in the Persian Gulf theater of operations in connection with Operation Desert Storm. “(b) Waiver of Copayment Requirements.—(1) Any civilian health care provider furnishing health care pursuant to a plan contracted for under the authority of section or of title , United States Code, may waive, in whole or in part, any requirement for payment under subsection (b) of that section by a patient described in paragraph (2) for health care furnished the patient by such health care provider during the Persian Gulf conflict. “(2) A patient referred to in paragraph (1) is a dependent of a member of the uniformed services who serves on active duty in the Persian Gulf theater of operations in connection with Operation Desert Storm. “(3) If a health care provider waives a payment for health care under paragraph (1), the health care provider shall certify to the Secretary of Defense that the amount charged the Federal Government for such health care was not increased above the amount that the health care provider would have charged the Federal Government for such health care had the payment not been waived. The Secretary of Defense may require a health care provider to provide information to the Secretary to show the compliance of the health care provider with this paragraph.”

Transitional Health Care for Members, or Dependents of Members, Upon Release of Member From Active Duty in Connection With Operation Desert Storm
For provision authorizing transitional health care, including health benefits contracted for under subsec. (a) of this section, for members, or dependents of members, upon release of member from active duty in connection with Operation Desert Storm, see section 313 of , set out as a note under section of this title.

Section Referred to in Other Sections
This section is referred to in sections , , , , , , , , , , , , , , , , , of this title; title sections , .

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