
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1048(a)(11)]
[CITE: 10USC1097a]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                   CHAPTER 55--MEDICAL AND DENTAL CARE
 
Sec. 1097a. TRICARE Prime: automatic enrollments; payment 
        options
        
    (a) Automatic Enrollment of Certain Dependents.--Each dependent of a 
member of the uniformed services in grade E4 or below who is entitled to 
medical and dental care under section 1076(a)(2)(A) of this title and 
resides in the catchment area of a facility of a uniformed service 
offering TRICARE Prime shall be automatically enrolled in TRICARE Prime 
at the facility. The Secretary concerned shall provide written notice of 
the enrollment to the member. The enrollment of a dependent of the 
member may be terminated by the member or the dependent at any time.
    (b) Automatic Renewal of Enrollments of Covered Beneficiaries.--(1) 
An enrollment of a covered beneficiary in TRICARE Prime shall be 
automatically renewed upon the expiration of the enrollment unless the 
renewal is declined.
    (2) Not later than 15 days before the expiration date for an 
enrollment of a covered beneficiary in TRICARE Prime, the Secretary 
concerned shall--
        (A) transmit a written notification of the pending expiration 
    and renewal of enrollment to the covered beneficiary or, in the case 
    of a dependent of a member of the uniformed services, to the member; 
    and
        (B) afford the beneficiary or member, as the case may be, an 
    opportunity to decline the renewal of enrollment.

    (c) Payment Options for Retirees.--A member or former member of the 
uniformed services eligible for medical care and dental care under 
section 1074(b) of this title may elect to have any fee payable by the 
member or former member for an enrollment in TRICARE Prime withheld from 
the member's retired pay, retainer pay, or equivalent pay, as the case 
may be, or to be paid from a financial institution through electronic 
transfers of funds. The fee shall be paid in accordance with the 
election. A member may elect under this section to pay the fee in full 
at the beginning of the enrollment period or to make payments on a 
monthly or quarterly basis.
    (d) Regulations and Exceptions.--The Secretary of Defense shall 
prescribe regulations, including procedures, to carry out this section. 
Regulations prescribed to carry out the automatic enrollment 
requirements under this section may include such exceptions to the 
automatic enrollment procedures as the Secretary determines appropriate 
for the effective operation of TRICARE Prime.
    (e) No Copayment for Immediate Family.--No copayment shall be 
charged a member for care provided under TRICARE Prime to a dependent of 
a member of the uniformed services described in subparagraph (A), (D), 
or (I) of section 1072 \1\ of this title.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be section ``1072(2)''.
---------------------------------------------------------------------------
    (f) Definitions.--In this section:
        (1) The term ``TRICARE Prime'' means the managed care option of 
    the TRICARE program.
        (2) The term ``catchment area'', with respect to a facility of a 
    uniformed service, means the service area of the facility, as 
    designated under regulations prescribed by the administering 
    Secretaries.

(Added Pub. L. 105-261, div. A, title VII, Sec. 712(a)(1), Oct. 17, 
1998, 112 Stat. 2058; amended Pub. L. 106-398, Sec. 1 [[div. A], title 
VII, Sec. 752(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-195.)


                               Amendments

    2000--Subsecs. (e), (f). Pub. L. 106-398 added subsec. (e) and 
redesignated former subsec. (e) as (f).


                    Effective Date of 2000 Amendment

    Pub. L. 106-398, Sec. 1 [[div. A], title VII, Sec. 752(b)], Oct. 30, 
2000, 114 Stat. 1654, 1654A-195, provided that: ``The amendments made by 
subsection (a) [amending this section] shall take effect 180 days after 
the date of the enactment of this Act [Oct. 30, 2000], and shall apply 
with respect to care provided on or after that date.''


                             Effective Date

    Pub. L. 105-261, div. A, title VII, Sec. 712(b), Oct. 17, 1998, 112 
Stat. 2059, provided that: ``The regulations required under subsection 
(d) of section 1097a of title 10, United States Code (as added by 
subsection (a)), shall be prescribed to take effect not later than 
September 30, 1999. The section shall be applied under TRICARE Prime on 
and after the date on which the regulations take effect.''
