Sec. 715. Waiver of recoupment of erroneous payments due to administrative error under the TRICARE program
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Chapter 55 of title 10, United States Code, is amended by inserting after section 1095f the following new section: The Secretary of Defense may waive recoupment from a covered beneficiary who has benefitted from an erroneous TRICARE payment in a case in which each of the following applies: The payment was made due to an administrative error by an employee of the Department of Defense or a contractor under the TRICARE program. The covered beneficiary (or in the case of a minor, the parent or guardian of the covered beneficiary) had a good faith, reasonable belief that the covered beneficiary was entitled to the benefit of such payment under this chapter.
The covered beneficiary relied on the expectation of such entitlement. The Secretary determines that a waiver of recoupment of such payment is necessary to prevent an injustice. 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. 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. . The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1095f the following new item: 1095g. TRICARE program: waiver of recoupment of erroneous payments due to administrative error. .