
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1076a]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                   CHAPTER 55--MEDICAL AND DENTAL CARE
 
Sec. 1076a. TRICARE dental program

    (a) Establishment of Dental Plans.--The Secretary of Defense may 
establish, and in the case of the dental plan described in paragraph (1) 
shall establish, the following voluntary enrollment dental plans:
        (1) Plan for selected reserve and individual ready reserve.--A 
    dental insurance plan for members of the Selected Reserve of the 
    Ready Reserve and for members of the Individual Ready Reserve 
    described in subsection 10144(b) of this title.
        (2) Plan for other reserves.--A dental insurance plan for 
    members of the Individual Ready Reserve not eligible to enroll in 
    the plan established under paragraph (1).
        (3) Plan for active duty dependents.--Dental benefits plans for 
    eligible dependents of members of the uniformed services who are on 
    active duty for a period of more than 30 days.
        (4) Plan for ready reserve dependents.--A dental benefits plan 
    for eligible dependents of members of the Ready Reserve of the 
    reserve components who are not on active duty for more than 30 days.

    (b) Administration of Plans.--The plans established under this 
section shall be administered under regulations prescribed by the 
Secretary of Defense in consultation with the other administering 
Secretaries.
    (c) Care Available Under Plans.--Dental plans established under 
subsection (a) may provide for the following dental care:
        (1) Diagnostic, oral examination, and preventive services and 
    palliative emergency care.
        (2) Basic restorative services of amalgam and composite 
    restorations, stainless steel crowns for primary teeth, and dental 
    appliance repairs.
        (3) Orthodontic services, crowns, gold fillings, bridges, 
    complete or partial dentures, and such other services as the 
    Secretary of Defense considers to be appropriate.

    (d) Premiums.--
        (1) Premium sharing plans.--(A) The dental insurance plan 
    established under subsection (a)(1) and the dental benefits plans 
    established under subsection (a)(3) are premium sharing plans.
        (B) Members enrolled in a premium sharing plan for themselves or 
    for their dependents shall be required to pay a share of the premium 
    charged for the benefits provided under the plan. The member's share 
    of the premium charge may not exceed $20 per month for the 
    enrollment.
        (C) Effective as of January 1 of each year, the amount of the 
    premium required under subparagraph (A) shall be increased by the 
    percent equal to the lesser of--
            (i) the percent by which the rates of basic pay of members 
        of the uniformed services are increased on such date; or
            (ii) the sum of one-half percent and the percent computed 
        under section 5303(a) of title 5 for the increase in rates of 
        basic pay for statutory pay systems for pay periods beginning on 
        or after such date.

        (D) The Secretary of Defense may reduce the monthly premium 
    required to be paid under paragraph (1) in the case of enlisted 
    members in pay grade E-1, E-2, E-3, or E-4 if the Secretary 
    determines that such a reduction is appropriate to assist such 
    members to participate in a dental plan referred to in subparagraph 
    (A).
        (2) Full premium plans.--(A) The dental insurance plan 
    established under subsection (a)(2) and the dental benefits plan 
    established under subsection (a)(4) are full premium plans.
        (B) Members enrolled in a full premium plan for themselves or 
    for their dependents shall be required to pay the entire premium 
    charged for the benefits provided under the plan.
        (3) Payment procedures.--A member's share of the premium for a 
    plan established under subsection (a) may be paid by deductions from 
    the basic pay of the member and from compensation paid under section 
    206 of title 37, as the case may be. The regulations prescribed 
    under subsection (b) shall specify the procedures for payment of the 
    premiums by enrollees who do not receive such pay.

    (e) Copayments Under Premium Sharing Plans.--A member or dependent 
who receives dental care under a premium sharing plan referred to in 
subsection (d)(1) shall--
        (1) in the case of care described in subsection (c)(1), pay no 
    charge for the care;
        (2) in the case of care described in subsection (c)(2), pay 20 
    percent of the charges for the care; and
        (3) in the case of care described in subsection (c)(3), pay a 
    percentage of the charges for the care that is determined 
    appropriate by the Secretary of Defense, after consultation with the 
    other administering Secretaries.

    (f) Transfer of Members.--If a member whose dependents are enrolled 
in the plan established under subsection (a)(3) is transferred to a duty 
station where dental care is provided to the member's eligible 
dependents under a program other than that plan, the member may 
discontinue participation under the plan. If the member is later 
transferred to a duty station where dental care is not provided to such 
member's eligible dependents except under the plan established under 
subsection (a)(3), the member may re-enroll the dependents in that plan.
    (g) Care Outside the United States.--The Secretary of Defense may 
exercise the authority provided under subsection (a) to establish dental 
insurance plans and dental benefits plans for dental benefits provided 
outside the United States for the eligible members and dependents of 
members of the uniformed services. In the case of such an overseas 
dental plan, the Secretary may waive or reduce any copayments required 
by subsection (e) to the extent the Secretary determines appropriate for 
the effective and efficient operation of the plan.
    (h) Waiver of Requirements for Surviving Dependents.--The Secretary 
of Defense may waive (in whole or in part) any requirements of a dental 
plan established under this section as the Secretary determines 
necessary for the effective administration of the plan for a dependent 
who is an eligible dependent described in subsection (k)(2).
    (i) Authority Subject to Appropriations.--The authority of the 
Secretary of Defense to enter into a contract under this section for any 
fiscal year is subject to the availability of appropriations for that 
purpose.
    (j) Limitation on Reduction of Benefits.--The Secretary of Defense 
may not reduce benefits provided under a plan established under this 
section until--
        (1) the Secretary provides notice of the Secretary's intent to 
    reduce such benefits to the Committees on Armed Services of the 
    Senate and the House of Representatives; and
        (2) one year has elapsed following the date of such notice.

    (k) Eligible Dependent Defined.--In this section, the term 
``eligible dependent''--
        (1) means a dependent described in subparagraph (A), (D), or (I) 
    of section 1072(2) of this title; and
        (2) includes any such dependent of a member who dies while on 
    active duty for a period of more than 30 days or a member of the 
    Ready Reserve if the dependent is enrolled on the date of the death 
    of the member in a dental benefits plan established under subsection 
    (a), except that the term does not include the dependent after the 
    end of the three-year period beginning on the date of the member's 
    death.

(Added Pub. L. 106-65, div. A, title VII, Sec. 711(a), Oct. 5, 1999, 113 
Stat. 685; amended Pub. L. 106-398, Sec. 1 [[div. A], title VII, 
Sec. 704(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-174.)


                            Prior Provisions

    A prior section 1076a, added Pub. L. 99-145, title VI, 
Sec. 651(a)(1), Nov. 8, 1985, 99 Stat. 655; amended Pub. L. 99-661, div. 
A, title VII, Sec. 707(a), (b), Nov. 14, 1986, 100 Stat. 3905; Pub. L. 
102-190, div. A, title VII, Sec. 701, Dec. 5, 1991, 105 Stat. 1399; Pub. 
L. 102-484, div. A, title VII, Sec. 701(a)-(e), Oct. 23, 1992, 106 Stat. 
2430; Pub. L. 103-337, div. A, title VII, Secs. 702(b), 703(a), 707(b), 
Oct. 5, 1994, 108 Stat. 2797, 2798, 2800; Pub. L. 105-85, div. A, title 
VII, Sec. 732, Nov. 18, 1997, 111 Stat. 1812; Pub. L. 105-261, div. A, 
title VII, Sec. 701(a)(1), (b), Oct. 17, 1998, 112 Stat. 2056; Pub. L. 
106-65, div. A, title X, Sec. 1066(a)(8), Oct. 5, 1999, 113 Stat. 770; 
Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1087(d)(4)], Oct. 30, 
2000, 114 Stat. 1654, 1654A-293, related to dependents' dental program, 
prior to repeal by Pub. L. 106-65, div. A, title VII, Sec. 711(a), Oct. 
5, 1999, 113 Stat. 685.


                               Amendments

    2000--Subsec. (k)(2). Pub. L. 106-398 substituted ``three-year 
period'' for ``one-year period''.


  Authorization To Expand Enrollment in Dependents' Dental Program to 
           Certain Members Returning From Overseas Assignments

    Pub. L. 103-160, div. A, title VII, Sec. 703, Nov. 30, 1993, 107 
Stat. 1687, provided that:
    ``(a) Authority To Expand Program.--After March 31, 1994, the 
Secretary of Defense may expand the dependents' dental program 
established under section 1076a of title 10, United States Code, to 
permit a member of the uniformed services described in subsection (b) to 
enroll dependents described in subsection (a) of such section in a 
dental benefits plan under the program without regard to the length of 
the uncompleted portion of the member's period of obligated service.
    ``(b) Covered Members.--A member referred to in subsection (a) is a 
member of the uniformed services who is--
        ``(1) on active duty for a period of more than 30 days (as 
    defined in section 101(d)(2) of title 10, United States Code); and
        ``(2) reassigned from a permanent duty station where a dental 
    benefits plan under the dependents' dental program is not available 
    to a permanent duty station where such a plan is available.
    ``(c) Report on Advisability of Expansion.--Not later than February 
28, 1994, the Secretary shall submit to Congress a report evaluating the 
advisability of expanding the enrollment eligibility of members of the 
uniformed services in the dependents' dental program in the manner 
authorized in subsection (a). The report shall include an analysis of 
the cost implications for such an expansion to the Federal Government, 
beneficiaries under the dependents' dental program, and contractors 
under the program.
    ``(d) Notification of Exercise of Authority.--The Secretary shall 
notify Congress of any decision to expand the enrollment eligibility of 
dependents in the dependents' dental program as provided in subsection 
(a) not later than 30 days before such expansion takes effect.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1076c, 1077 of this title.
