Federal · Title 10 — Armed Forces

10 U.S.C. § 1099: Health care enrollment system and payment options

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The Secretary of Defense, after consultation with the other administering Secretaries, shall establish a system of health care enrollment for covered beneficiaries who reside in the United States. an annual open enrollment period; and any period based on a qualifying event experienced by the beneficiary, as determined appropriate by the Secretary; or if necessary in order to ensure full use of facilities of the uniformed services in a geographical area, assign covered beneficiaries who reside in such area to such facilities. Use of facilities of the uniformed services. A plan under the TRICARE program. Any other health care plan contracted for by the Secretary of Defense. Any combination of the plans described in paragraphs (1), (2), and (3). A member or former member of the uniformed services, or a dependent thereof, eligible for medical care and dental care under section 1074(b) or 1076 of this title shall pay a premium for coverage under this chapter. To the maximum extent practicable, a premium owed by a member, former member, or dependent under paragraph (1) shall be withheld from the retired, retainer, or equivalent pay of the member, former member, or dependent. In all other cases, a premium shall be paid in a frequency and method determined by the Secretary. The Secretary of Defense, after consultation with the other administering Secretaries, shall prescribe regulations to carry out this section. covered beneficiaries included in the demonstration project required under section 702 [ 10 U.S.C. 1073 note]; and facilities of the uniformed services located in the geographical area covered by the demonstration project; and not later than September 30, 1990 , for all other covered beneficiaries and facilities of the uniformed services. The Secretary may not assign covered beneficiaries to facilities of the uniformed services, as authorized by section 1099(b)(2) of such title (as added by subsection (a)(1)), before October 1, 1990 .” The Secretary of Defense shall implement the initial annual open enrollment period pursuant to section 1099(b)(1) of title 10 , United States Code, as amended by paragraph (1), during 2018. At any time during the one-year period beginning on the date on which the initial annual open enrollment period begins pursuant to section 1099(b)(1) of title 10 , United States Code, as amended by paragraph (1), a covered beneficiary may make an election, or modify such an election, described in such section. shall pay the out-of-network fees only for the first episode of care and inform the individual of the opportunity to enroll in the TRICARE program; and may not pay any costs relating to any subsequent episode of care if such individual is not enrolled in the TRICARE program.”

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