(a)
(b)
(c)
(B) Except with respect to the copays, coinsurance, deductibles, and nominal fees specified in subparagraph (A)—
(i) the Secretary of Defense may bill only the covered payer for care provided to a civilian described in subparagraph (A); and
(ii) payment received by the Secretary from the covered payer of a civilian for care provided under this section that is provided to the civilian shall be considered payment in full for such care.
(2) If a civilian specified in subsection (a) does not meet the criteria under paragraph (1), is underinsured, or has a remaining balance and is at risk of financial harm, the Director of the Defense Health Agency shall reduce each fee that would otherwise be charged to the civilian under this section according to a sliding fee discount program, as prescribed by the Director of the Defense Health Agency.
(3) If a civilian specified in subsection (a) does not meet the criteria under paragraph (1) or (2), the Director of the Defense Health Agency shall implement an additional catastrophic waiver to prevent severe financial harm.
(4) The modified payment plan under this subsection may not be administered by a Federal agency other than the Department of Defense.
(d)
(1) trauma consortium activities;
(2) administrative, operating, and equipment costs; and
(3) readiness training.
(e)
(1) The term "covered payer" means a third-party payer or other insurance, medical service, or health plan.
(2) The terms "third-party payer" and "insurance, medical service, or health plan" have the meaning given those terms in section 1095(h) of this title.
Editorial Notes
Amendments
2022—Subsec. (b). Pub. L. 117–263, §716(a)(1), amended subsec. (b) generally. Prior to amendment, text read as follows: "The Secretary may waive a fee that would otherwise be charged under the procedures implemented under subsection (a) to a civilian who is not a covered beneficiary if—
"(1) the civilian is unable to pay for the costs of the trauma or other medical care provided to the civilian (including any such costs remaining after the Secretary receives payment from an insurer for such care, as applicable); and
"(2) the provision of such care enhances the knowledge, skills, and abilities of health care providers, as determined by the Secretary."
Subsecs. (c), (d). Pub. L. 117–263, §716(a)(2), (b)(1), added subsec. (c) and redesignated former subsec. (c) as (d).
Subsec. (e). Pub. L. 117–263, §716(b)(2), added subsec. (e).
2021—Subsecs. (b), (c). Pub. L. 116–283 added subsec. (b) and redesignated former subsec. (b) as (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Pub. L. 117–263, div. A, title VII, §716(c), Dec. 23, 2022, 136 Stat. 2661, provided that: "The amendments made by subsections (a) and (b) [amending this section] shall apply with respect to care provided on or after the date that is 180 days after the date of the enactment of this Act [Dec. 23, 2022]."
Improved Implementation of Financial Relief for Civilians Treated in Military Medical Treatment Facilities
Pub. L. 118–159, div. A, title VII, §717, Dec. 23, 2024, 138 Stat. 1949, provided that:
"(a)
"(b)
"(1)
"(2)
"(A) claims to third-party payers; or
"(B) administrative support provided to the Secretary by another Federal agency to assist the Secretary in the administration of section 1079b of title 10, United States Code."
Deadline for Implementation
Pub. L. 107–107, div. A, title VII, §732(b), Dec. 28, 2001, 115 Stat. 1170, directed the Secretary of Defense to begin to implement the procedures required by subsec. (a) of this section not later than one year after Dec. 28, 2001.