Sec. 731. IMPROVEMENTS IN HEALTH CARE COVERAGE AND ACCESS FOR MEMBERS ASSIGNED TO CERTAIN DUTY LOCATIONS FAR FROM SOURCES OF CARE
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## SEC. 731 IMPROVEMENTS IN HEALTH CARE COVERAGE AND ACCESS FOR MEMBERS ASSIGNED TO CERTAIN DUTY LOCATIONS FAR FROM SOURCES OF CARE **[**[10 U.S.C. 1074 note](/us/usc/t10/s1074)**]** ###
(a)**[**Omitted-Amendment**]** ###
(b)Temporary Authority for Managed Care Expansion to Members on Active Duty at Certain Remote Locations ####
(1)A member of the uniformed services 1 described in subsection
(c)is entitled to receive care under the Civilian Health and Medical Program of the Uniformed Services. In connection with such care, the Secretary of Defense shall waive the obligation of the member to pay a deductible, copayment, or annual fee that would otherwise be applicable under that program for care provided to the members under the program. A dependent of the member, as described in subparagraph (A), (D), or
(I)of section 1072(2) of title 10, United States Code, who is residing with the member shall have the same entitlement to care and to waiver of charges as the member. 1Subsection (a)(2) of section 722 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted by Public Law 106–398; October 30, 2000; 114 Stat. 1654A–185) amended subsections (b), (c), and (d)(3) of section 731 by striking “Armed Forces” and inserting “uniformed services”. It also added a new paragraph
(4)at the end of subsection
(b)and a new paragraph
(3)at the end of subsection (f). Subsection (b)(2) of such section 722 added the second sentence to subsection (b)(1) and made a conforming change in subsection (b)(2). However, subsection (c)(2) of such section 722 provides as follows:
(2)The amendments made by subsection (a)(2), with respect to members of the uniformed services, and the amendments made by subsection (b)(2), with respect to dependents of members, shall take effect on the date of the enactment of this Act and shall expire with respect to a member or the dependents of a member, respectively, on the later of the following:
(A)The date that is one year after the date of the enactment of this Act.
(B)The date on which the policies required by the amendments made by subsection (a)(1) or (b)(1) are implemented with respect to the coverage of medical care for and provision of such care to the member or dependents, respectively. ####
(2)A member or dependent of the member, as the case may be, who is entitled under paragraph
(1)to receive health care services under CHAMPUS shall receive such care from a network provider under the TRICARE program if such a provider is available in the service area of the member. ####
(3)Paragraph
(1)shall take effect on the date of the enactment of this Act and shall expire with respect to a member upon the later of the following:2 2Subsection (c)(3) of section 722 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted by Public Law 106–398; 114 Stat. 1654A–186) provides that subsection (b)(3) does not apply with respect to “a member of the Coast Guard, the National Oceanic and Atmospheric Administration, or the Commissioned Corps of the Public Health Service, or to a dependent of a member of a uniformed service”. #####
(A)The date that is one year after the date of the enactment of this Act. #####
(B)The date on which the amendments made by subsection
(a)apply with respect to the coverage of medical care for, and provision of such care to, the member. ####
(4)The Secretary of Defense shall consult with the other administering Secretaries in the administration of this subsection. ###
(c)Eligible Members A member referred to in subsection
(b)is a member of the uniformed services on active duty who— ####
(1)receives a duty assignment described in subsection (d); and ####
(2)pursuant to the assignment of such duty, resides at a location that is more than 50 miles, or approximately one hour of driving time, from— #####
(A)the nearest health care facility of the uniformed services adequate to provide the needed care under chapter 55 of title 10, United States Code; and #####
(B)the nearest source of the needed care that is available to the member under the TRICARE Prime plan. ###
(d)Duty Assignments Covered A duty assignment referred to in subsection (c)(1) means any of the following: ####
(1)Permanent duty as a recruiter. ####
(2)Permanent duty at an educational institution to instruct, administer a program of instruction, or provide administrative services in support of a program of instruction for the Reserve Officers' Training Corps. ####
(3)Permanent duty as a full-time adviser to a unit of a reserve component of the uniformed services. ####
(4)Any other permanent duty designated by the Secretary concerned for purposes of this subsection. ###
(e)Payment of Costs Deductibles, copayments, and annual fees not payable by a member by reason of a waiver granted under the regulations prescribed pursuant to subsection
(b)shall be paid out of funds available to the Department of Defense for the Defense Health Program. ###
(f)Definitions In this section: ####
(1)The term “**TRICARE program**” has the meaning given that term in section 1072(7) of title 10, United States Code. ####
(2)The term “**TRICARE Prime plan**” means a plan under the TRICARE program that provides for the voluntary enrollment of persons for the receipt of health care services to be furnished in a manner similar to the manner in which health care services are furnished by health maintenance organizations. ####
(3)The terms “**uniformed services**” and “administering Secretaries” have the meanings given those terms in section 1072 of title 10, United States Code. * * * * * * *
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- Pub. L. 106-398
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Sec. 731
IMPROVEMENTS IN HEALTH CARE COVERAGE AND ACCESS FOR MEMBERS ASSIGNED TO CERTAIN DUTY LOCATIONS FAR FROM SOURCES OF CARE
Pub. L.Pub. L. 106-398
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