IMPROVEMENT OF ACCESS TO HEALTH CARE UNDER THE TRICARE PROGRAM.

SEC. 721. [10 U.S.C. 1073 note] IMPROVEMENT OF ACCESS TO HEALTH CARE UNDER THE TRICARE PROGRAM. (a) Waiver of Nonavailability Statement or Preauthorization.—In the case of a covered beneficiary under TRICARE Standard pursuant to chapter 55 of title 10, United States Code, the Secretary of Defense may not require with regard to authorized health care services under such chapter that the beneficiary— (1) obtain a nonavailability statement or preauthorization from a military medical treatment facility in order to receive the services from a civilian provider; or (2) obtain a nonavailability statement for care in specialized treatment facilities outside the 200-mile radius of a military medical treatment facility. (b) Waiver Authority.—The Secretary may waive the prohibition in subsection (a) if— (1) the Secretary— (A) demonstrates that significant costs would be avoided by performing specific procedures at the affected military medical treatment facility or facilities; (B) determines that a specific procedure must be provided at the affected military medical treatment facility or facilities to ensure the proficiency levels of the practitioners at the facility or facilities; or (C) determines that the lack of nonavailability statement data would significantly interfere with TRICARE contract administration; (2) the Secretary provides notification of the Secretary's intent to grant a waiver under this subsection to covered beneficiaries who receive care at the military medical treatment facility or facilities that will be affected by the decision to grant a waiver under this subsection; (3) the Secretary notifies the Committees on Armed Services of the House of Representatives and the Senate of the Secretary's intent to grant a waiver under this subsection, the reason for the waiver, and the date that a nonavailability statement will be required; and (4) 60 days have elapsed since the date of the notification described in paragraph (3). (c) Waiver Exception for Maternity Care.—Subsection (b) shall not apply with respect to maternity care. (d) Effective Date.—This section shall take effect on the earlier of the following: (1) The date that a new contract entered into by the Secretary to provide health care services under TRICARE Standard takes effect. (2) The date that is two years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2002. * * * * * * *