
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1095b]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                   CHAPTER 55--MEDICAL AND DENTAL CARE
 
Sec. 1095b. TRICARE program: contractor payment of certain 
        claims
        
    (a) Payment of Claims.--(1) The Secretary of Defense may authorize a 
contractor under the TRICARE program to pay a claim described in 
paragraph (2) before seeking to recover from a third-party payer the 
costs incurred by the contractor to provide health care services that 
are the basis of the claim to a beneficiary under such program.
    (2) A claim under this paragraph is a claim--
        (A) that is submitted to the contractor by a provider under the 
    TRICARE program for payment for services for health care provided to 
    a covered beneficiary; and
        (B) that is identified by the contractor as a claim for which a 
    third-party payer may be liable.

    (b) Recovery From Third-Party Payers.--The United States shall have 
the same right to collect charges related to claims described in 
subsection (a) as charges for claims under section 1095 of this title.
    (c) Definition of Third-Party Payer.--In this section, the term 
``third-party payer'' has the meaning given that term in section 1095(h) 
of this title, except that such term excludes primary medical insurers.

(Added Pub. L. 105-261, div. A, title VII, Sec. 711(a)(1), Oct. 17, 
1998, 112 Stat. 2058; amended Pub. L. 106-65, div. A, title VII, 
Sec. 716(c)(2), Oct. 5, 1999, 113 Stat. 692.)


                               Amendments

    1999--Subsec. (b). Pub. L. 106-65 substituted ``The United States 
shall have the same right to collect charges related to claims described 
in subsection (a) as charges for claims under section 1095 of this 
title.'' for ``A contractor for the provision of health care services 
under the TRICARE program that pays a claim described in subsection 
(a)(2) shall have the right to collect from the third-party payer the 
costs incurred by such contractor on behalf of the covered beneficiary. 
The contractor shall have the same right to collect such costs under 
this subsection as the right of the United States to collect costs under 
section 1095 of this title.''
