Pub. L. 110-417, tit. VII, subtit. B, sec. 711
WAIVER OF COPAYMENTS FOR PREVENTIVE SERVICES FOR CERTAIN TRICARE BENEFICIARIES.
SEC. 711. WAIVER OF COPAYMENTS FOR PREVENTIVE SERVICES FOR CERTAIN TRICARE BENEFICIARIES.(a) Waiver of Certain Copayments.—Subject to subsection (b) and under regulations prescribed by the Secretary of Defense, the Secretary shall—(1) waive all copayments under sections 1079(b) and 1086(b) of title 10, United States Code, for preventive services for all beneficiaries who would otherwise pay copayments; and(2) ensure that a beneficiary pays nothing for preventive services during a year even if the beneficiary has not paid the amount necessary to cover the beneficiary’s deductible for the year.(b) Exclusion for Medicare-Eligible Beneficiaries.—Subsection (a) shall not apply to a medicare-eligible beneficiary.(c) Refund of Copayments.—(1) Authority.—Under regulations prescribed by the Secretary of Defense, the Secretary may pay a refund to a medicare-eligible beneficiary excluded by subsection (b), subject to 122 STAT. 4501 the availability of appropriations specifically for such refunds, consisting of an amount up to the difference between—(A) the amount the beneficiary pays for copayments for preventive services during fiscal year 2009; and(B) the amount the beneficiary would have paid during such fiscal year if the copayments for preventive services had been waived pursuant to subsection (a) during that year.(2) Copayments covered.—The refunds under paragraph (1) are available only for copayments paid by medicare-eligible beneficiaries during fiscal year 2009.(d) Definitions.—In this section:(1) Preventive services.—The term “preventive services” includes, taking into consideration the age and gender of the beneficiary:(A) Colorectal screening.(B) Breast screening.(C) Cervical screening.(D) Prostate screening.(E) Annual physical exam.(F) Vaccinations.(G) Other services as determined by the Secretary of Defense.(2) Medicare-eligible.—The term “medicare-eligible” has the meaning provided by section 1111((b) of title 10, United States Code.