Laws: Cases and Codes : U.S. Code : Title 10 : Section 1098


   
U.S. Code as of: 01/19/04
Section 1098. Incentives for participation in cost-effective health care plans

      (a) Waiver of Limitations and Copayments. - Subject to subsection
    (b), 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.

      (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
    of the waiver such a plan will - 
        (A) be less costly to the Government than a plan subject to
      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 Committee on Armed Services
    of the Senate and the Committee on Armed Services of the 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
    Secretary submits the report required by paragraph (2) with respect
    to such waiver.



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