Pub. L. 105-85, div. A, tit. VII, subtit. D, sec. 731
IMPROVEMENTS IN HEALTH CARE COVERAGE AND ACCESS FOR MEMBERS ASSIGNED TO CERTAIN DUTY LOCATIONS FAR FROM SOURCES OF CARE.
SEC. 731. IMPROVEMENTS IN HEALTH CARE COVERAGE AND ACCESS FOR MEMBERS ASSIGNED TO CERTAIN DUTY LOCATIONS FAR FROM SOURCES OF CARE. (a) Supplemental Care Program.—(1) Section 1074(c) of title 10, United States Code, is amended— (A) by inserting “(1)” after “(c)”; and (B) by adding at the end the following new paragraphs: “(2) (A) Subject to such exceptions as the Secretary of Defense considers necessary, coverage for medical care for members of the armed forces under this subsection, and standards with respect to timely access to such care, shall be comparable to coverage for medical care and standards for timely access to such care under the managed care option of the TRICARE program known as TRICARE Prime. “(B) The Secretary of Defense shall enter into arrangements with contractors under the TRICARE program or with other appropriate contractors for the timely and efficient processing of claims under this subsection. “(3) (A) The Secretary of Defense may not require a member of the armed forces described in subparagraph (B) to receive routine primary medical care at a military medical treatment facility. “(B) A member referred to in subparagraph (A) is a member of the armed forces on active duty who is entitled to medical care under this subsection and who— “(i) receives a duty assignment described in subparagraph (C); and “(ii) pursuant to the assignment of such duty, resides at a location that is more than 50 miles, or approximately one hour of driving time, from the nearest military medical treatment facility adequate to provide the needed care. “(C) A duty assignment referred to in subparagraph (B) means any of the following: “(i) Permanent duty as a recruiter.111 STAT. 1811 “(ii) Permanent duty at an educational institution to instruct, administer a program of instruction, or provide administrative services in support of a program of instruction for the Reserve Officers’ Training Corps. “(iii) Permanent duty as a full-time adviser to a unit of a reserve component. “(iv) Any other permanent duty designated by the Secretary concerned for purposes of this paragraph.”. (2) The amendments made by paragraph (1) shall apply with respect to coverage of medical care for, and the provision of such care to, a member of the Armed Forces under section 1074(c) of title 10, United States Code, on and after the later of the following: (A) April 1, 1998. (B) The date on which the TRICARE program is in place in the service area of the member. (b) Temporary Authority for Managed Care Expansion to Members on Active Duty at Certain Remote Locations.—(1) A member of the Armed Forces described in subsection (c) is entitled to receive care under the Civilian Health and Medical Program of the Uniformed Services. In connection with such care, the Secretary of Defense shall waive the obligation of the member to pay a deductible, copayment, or annual fee that would otherwise be applicable under that program for care provided to the members under the program. (2) A member who is entitled under paragraph (1) to receive health care services under CHAMPUS shall receive such care from a network provider under the TRICARE program if such a provider is available in the service area of the member. (3) Paragraph (1) shall take effect on the date of the enactmentof this Act and shall expire with respect to a member upon the later of the following: (A) The date that is one year after the date of the enactment of this Act. (B) The date on which the amendments made by subsection (a) apply with respect to the coverage of medical care for, and provision of such care to, the member. (c) Eligible Members.—A member referred to in subsection (b) is a member of the Armed Forces on active duty who— (1) receives a duty assignment described in subsection (d); and (2) pursuant to the assignment of such duty, resides at a location that is more than 50 miles, or approximately one hour of driving time, from— (A) the nearest health care facility of the uniformed services adequate to provide the needed care under chapter 55 of title 10, United States Code; and (B) the nearest source of the needed care that is available to the member under the TRICARE Prime plan. (d) Duty Assignments Covered.—A duty assignment referred to in subsection (c)(1) means any of the following: (1) Permanent duty as a recruiter. (2) Permanent duty at an educational institution to instruct, administer a program of instruction, or provide administrative services in support of a program of instruction for the Reserve Officers’ Training Corps.111 STAT. 1812 (3) Permanent duty as a full-time adviser to a unit of a reserve component of the Armed Forces. (4) Any other permanent duty designated by the Secretary concerned for purposes of this subsection. (e) Payment of Costs.—Deductibles, copayments, and annual fees not payable by a member by reason of a waiver granted under the regulations prescribed pursuant to subsection (b) shall be paid out of funds available to the Department of Defense for the Defense Health Program. (f) Definitions.—In this section: (1) The term “TRICARE program” has the meaning given that term in section 1072(7) of title 10, United States Code. (2) The term “TRICARE Prime plan” means a plan under the TRICARE program that provides for the voluntary enrollment of persons for the receipt of health care services to be furnished in a manner similar to the manner in which health care services are furnished by health maintenance organizations.