
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: 10USC1098]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                   CHAPTER 55--MEDICAL AND DENTAL CARE
 
Sec. 1098. Incentives for participation in cost-effective health 
        care plans
        
    (a) Waiver of Limitations and Copayments.--Subject to subsection 
(b), the Secretary of Defense, with respect to any plan contracted for 
under the authority of section 1079 or 1086 of this title, may waive, in 
whole or in part--
        (1) any limitation set out in the second sentence of section 
    1079(a) of this title; or
        (2) any requirement for payment by the patient under section 
    1079(b) or 1086(b) of this title.

    (b) Determination and Report.--(1) Subject to paragraph (3), the 
Secretary may waive a limitation or requirement as authorized by 
subsection (a) if the Secretary determines that during the period of the 
waiver such a plan will--
        (A) be less costly to the Government than a plan subject to such 
    limitations or payment requirements; or
        (B) provide better services than those provided by a plan 
    subject to such limitations or payment requirements at no additional 
    cost to the Government.

    (2) The Secretary shall submit to the Committee on Armed Services of 
the Senate and the Committee on Armed Services of the House of 
Representatives a report with respect to a waiver under paragraph (1), 
including a comparison of costs of and benefits available under--
        (A) a plan with respect to which the limitations and payment 
    requirements are waived; and
        (B) a plan with respect to which there is no such waiver.

    (3) A waiver under paragraph (1) may not take effect until the end 
of the 180-day period beginning on the date on which the Secretary 
submits the report required by paragraph (2) with respect to such 
waiver.

(Added Pub. L. 99-661, div. A, title VII, Sec. 701(a)(1), Nov. 14, 1986, 
100 Stat. 3895; amended Pub. L. 101-510, div. A, title XIV, 
Sec. 1484(h)(1), Nov. 5, 1990, 104 Stat. 1717; Pub. L. 104-106, div. A, 
title XV, Sec. 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106-65, 
div. A, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)


                               Amendments

    1999--Subsec. (b)(2). Pub. L. 106-65 substituted ``and the Committee 
on Armed Services'' for ``and the Committee on National Security''.
    1996--Subsec. (b)(2). Pub. L. 104-106 substituted ``Committee on 
Armed Services of the Senate and the Committee on National Security of 
the House of Representatives'' for ``Committees on Armed Services of the 
Senate and House of Representatives''.
    1990--Subsec. (a). Pub. L. 101-510 substituted ``subsection (b)'' 
for ``subsections (b) and (c)'' in introductory provisions.
