Sec. 711. WAIVER OF RECOUPMENT OF ERRONEOUS PAYMENTS CAUSED BY ADMINISTRATIVE ERROR UNDER THE TRICARE PROGRAM
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## SEC. 711 WAIVER OF RECOUPMENT OF ERRONEOUS PAYMENTS CAUSED BY ADMINISTRATIVE ERROR UNDER THE TRICARE PROGRAM ###
(a)In general Chapter 55 of title 10, United States Code, is amended by inserting after section 1095f the following new section: > > ## “SEC. 1095g TRICARE program: waiver of recoupment of erroneous payments caused by administrative error > > **[**[10 U.S.C. 1095g](/us/usc/t10/s1095g)**]** > > > ### “(a) Waiver of Recoupment > > The Secretary of Defense may waive recoupment from an individual who has benefitted from an erroneous TRICARE payment in a case in which each of the following applies: > > > #### “(1) > > The payment was made because of an administrative error by an employee of the Department of Defense or a contractor under the TRICARE program. > > > #### “(2) > > The individual (or in the case of a minor, the parent or guardian of the individual) had a good faith, reasonable belief that the individual was entitled to the benefit of such payment under this chapter. > > > #### “(3) > > The individual relied on the expectation of such entitlement. > > > #### “(4) > > The Secretary determines that a waiver of recoupment of such payment is necessary to prevent an injustice. > > > ### “(b) Responsibility of Contractor > > 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. > > > ### “(c) Finality of Determinations > > 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.” > . ###
(b)Clerical amendment 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 caused by administrative error.” ".
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Sec. 711
WAIVER OF RECOUPMENT OF ERRONEOUS PAYMENTS CAUSED BY ADMINISTRATIVE ERROR UNDER THE TRICARE PROGRAM
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