Pub. L. 112-239, div. A, tit. VII, subtit. B, sec. 716 (as amended)
PILOT PROGRAM FOR REFILLS OF MAINTENANCE MEDICATIONS FOR TRICARE FOR LIFE BENEFICIARIES THROUGH THE TRICARE MAIL-ORDER PHARMACY PROGRAM.
SEC. 716. [10 U.S.C. 1074g note] PILOT PROGRAM FOR REFILLS OF MAINTENANCE MEDICATIONS FOR TRICARE FOR LIFE BENEFICIARIES THROUGH THE TRICARE MAIL-ORDER PHARMACY PROGRAM.
(a) In General.—The Secretary of Defense shall conduct a pilot program to refill prescription maintenance medications for each TRICARE for Life beneficiary through the national mail-order pharmacy program under section 1074g(a)(2)(E)(iii) of title 10, United States Code.
(b) Medications Covered.—
(1) Determination.—The Secretary shall determine the prescription maintenance medications included in the pilot program under subsection (a).
(2) Supply.—In carrying out the pilot program under subsection (a), the Secretary shall ensure that the medications included in the program are generally available to a TRICARE for Life beneficiary—
(A) for an initial filling of a 30-day or less supply through—
(i) retail pharmacies under clause (ii) of section 1074g(a)(2)(E) of title 10, United States Code; and
(ii) facilities of the uniformed services under clause (i) of such section; and
(B) for a refill of such medications through—
(i) the national mail-order pharmacy program; and
(ii) such facilities of the uniformed services.
(3) Exemption.—The Secretary may exempt the following prescription maintenance medications from the requirements in paragraph (2):
(A) Such medications that are for acute care needs.
(B) Such other medications as the Secretary determines appropriate.
(c) Nonparticipation.—
(1) Opt out.—The Secretary shall give TRICARE for Life beneficiaries who have been covered by the pilot program under subsection (a) for a period of one year an opportunity to opt out of continuing to participate in the program.
(2) Waiver.—The Secretary may waive the requirement of a TRICARE for Life beneficiary to participate in the pilot program under subsection (a) if the Secretary determines, on an individual basis, that such waiver is appropriate.
(d) Regulations.—The Secretary shall prescribe regulations to carry out the pilot program under subsection (a), including regulations with respect to—
(1) the prescription maintenance medications included in the pilot program pursuant to subsection (b)(1); and
(2) addressing instances where a TRICARE for Life beneficiary covered by the pilot program attempts to refill such medications at a retail pharmacy rather than through the national mail-order pharmacy program or a facility of the uniformed services.
(e) Sunset.—The Secretary may not carry out the pilot program under subsection (a) after September 30, 2015.
(f) TRICARE for Life Beneficiary Defined.—In this section, the term “TRICARE for Life beneficiary” means a TRICARE beneficiary enrolled in the Medicare wraparound coverage option of the TRICARE program made available to the beneficiary by reason of section 1086(d) of title 10, United States Code.
- Cross-references to the US Code
- 10 U.S.C. 1074g note