Page:United States Statutes at Large Volume 100 Part 5.djvu/421

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PUBLIC LAW 99-000—MMMM. DD, 1986

PUBLIC LAW 99-661—NOV. 14, 1986

100 STAT. 3895

"(1) in the case of a dependent, the charges prescribed by section 1078 of this title; and "(2) in the case of a member or former member entitled to retired or retainer pay, the charges prescribed by section 1075 of this title.

10 USC 1078. 10 USC 1075.

"§ 1097. Contracts for medical care for retirees, dependents, and 10 USC 1097. survivors: alternative delivery of health care "(a) IN GENERAL.—The Secretary of Defense, after consulting with the other administering Secretaries, may contract for the delivery of health care to which covered beneficiaries are entitled under this chapter. The Secretary may enter into a contract under this section with any of the following: "(1) Health maintenance organizations. "(2) Preferred provider organizations. "(3) Individual providers, individual medical facilities, or insurers. "(4) Consortiums of such providers, facilities, or insurers. "(b) SCOPE OF COVERAGE UNDER HEALTH CARE PLANS.—A contract

entered into under this section may provide for the delivery of— "(1) selected health care services; "(2) total health care services for selected covered beneficiaries; or "(3) total health care services for all covered beneficiaries who reside in a geographical area designated by the Secretary.

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"(c) CHARGES FOR HEALTH CARE.—The Secretary of Defense may

prescribe by regulation a premium, deductible, copayment, or other charge for health care provided under this section. "§ 1098. Incentives for participation in cost-effective health care plans "(a) WAIVER OF LIMITATIONS AND COPAYMENTS.—Subject to subsections (b) and (c), the Secretary of Defense, with respect to any plan contracted for under the authority of section 1079 or 1086 of this title, may waive, in whole or in part— "(1) any limitation set out in the second sentence of section 1079(a) of this title; or "(2) any requirement for payment by the patient under section 1079(b) or 1086(b) of this title.

10 USC 1098. Contracts. ^ 10 USC 1079, 1086.

"(b) DETERMINATION AND REPORT.—(1) Subject to paragraph (3),

the Secretary may waive a limitation or requirement as authorized by subsection (a) if the Secretary determines that during the period tsst of the waiver such a plan will— "(A) be less costly to the Government than a plan subject to w such limitations or payment requirements; or "(B) provide better services than those provided by a plan subject to such limitations or payment requirements at no additional cost to the Government. "(2) The Secretary shall submit to the Committees on Armed Reports. Services of the Senate and House of Representatives a report with respect to a waiver under paragraph (1), including a comparison of costs of and benefits available under— "(A) a plan with respect to which the limitations and payment requirements are waived; and "(B) a plan with respect to which there is no such waiver "(3) A waiver under paragraph (1) may not take effect until the end of the 180-day period beginning on the date on which the

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