Sec. 723. Authority of Secretary of Defense to waive requirements during national emergencies for purposes of provision of health care
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Chapter 55 of title 10, United States Code, is amended by inserting after section 1073d the following new section: The purpose of this section is to enable the Secretary of Defense to ensure, to the maximum extent feasible, in an emergency area during an emergency period— that sufficient authorized health care items and services are available to meet the needs of covered beneficiaries in such area eligible for the programs under this chapter; and that private sector health care providers authorized under the TRICARE program that furnish such authorized items and services in good faith may be reimbursed for such items and services absent any determination of fraud or abuse.
To the extent necessary to accomplish the purpose specified in subsection (a), the Secretary, subject to the provisions of this section, may, for a period of 60 days, waive or modify the application of the requirements of this chapter or any regulation prescribed thereunder with respect to health care items and services furnished by a health care provider (or class of health care providers) in an emergency area (or portion of such area) during an emergency period (or portion of such period), including by deferring the termination of status of a covered beneficiary.
The Secretary may renew a waiver or modification under paragraph
(1)for subsequent 60-day periods during the duration of the applicable emergency declaration. The Secretary may implement any temporary waiver or modification made pursuant to this section by program instruction or otherwise. A waiver or modification made pursuant to this section with respect to an emergency period may, at the discretion of the Secretary, be made retroactive to the beginning of the emergency period or any subsequent date in such period specified by the Secretary. A deferral under subsection
(b)of termination of status of a covered beneficiary may be contingent upon retroactive satisfaction by such beneficiary of any premium or enrollment fee payments or other preconditions for such status. Not later than two days before exercising a waiver or modification under subsection (b)(1) or renewing a waiver or modification under subsection (b)(2), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a certification and advance written notice regarding the authority to be exercised. Certification and advanced written notice required under paragraph
(1)shall include— a description of— the specific provisions of law that will be waived or modified; the health care providers to whom the waiver or modification will apply; the geographic area in which the waiver or modification will apply; and the period of time for which the waiver or modification will be in effect; and a certification that the waiver or modification is necessary to carry out the purpose specified in subsection (a). A waiver or modification of requirements pursuant to this section terminates upon the termination of the applicable emergency declaration. Not later than one year after the end of an emergency period during which the Secretary exercised the authority under this section, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the approaches used to accomplish the purpose described in subsection (a), including an evaluation of such approaches and recommendations for improved approaches should the need for the exercise of such authority arise in the future. In this section: The term emergency area means a geographical area covered by an emergency declaration. The term emergency declaration means— an emergency or disaster declared by the President pursuant to the National Emergencies Act ( 50 U.S.C. 1601 et seq.) or the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq.); or a public health emergency declared pursuant to section 319 of the Public Health Service Act ( 42 U.S.C. 247d ). The term emergency period means the period covered by an emergency declaration. . The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1073d the following new item: 1073e. Authority to waive requirements during national emergencies. .
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Sec. 723
Authority of Secretary of Defense to waive requirements during national emergencies for purposes of provision of health care
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