1 See References in Text note below.
and 1086(d) of this title, the Secretary of Defense, in consultation with the other administering Secretaries, may prescribe regulations providing for the collection of information regarding insurance, medical service, or health plans of third-party payers held by covered beneficiaries.
Editorial Notes
References in Text

The Social Security Act, referred to in subsec. (d), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVIII and XIX of the Social Security Act are classified generally to subchapters XVIII (§ 1395 et seq.) and XIX (§ 1396 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Public Law 87–693, referred to in subsec. (i)(2), is Puspan. L. 87–693, Sept. 25, 1962, 76 Stat. 593, which is classified generally to chapter 32 (§ 2651 et seq.) of Title 42. For complete classification of this Act to the Code, see Tables.

Section 1079(j) of this title, referred to in subsec. (k)(1), (5), was redesignated section 1079(i) of this title by Puspan. L. 113–291, div. A, title VII, § 703(a)(3), Dec. 19, 2014, 128 Stat. 3411.

Codification

Another section 1095 was renumbered section 1095a of this title.

Amendments

2003—Subsec. (k)(2). Puspan. L. 108–173 substituted “Centers for Medicare & Medicaid Services” for “Health Care Financing Administration” in second sentence.

2002—Subsec. (g). Puspan. L. 107–314 struck out par. (1) designation and par. (2) which read as follows: “Not later than February 15 of each year, the Secretary of Defense shall submit to Congress a report specifying for each facility of the uniformed services the amount credited to the facility under this subsection during the preceding fiscal year.”

1999—Subsec. (a)(1). Puspan. L. 106–65, § 716(c)(1)(A), substituted “reasonable charges for” for “the reasonable costs of”, “such charges” for “such costs”, and “a reasonable charge for” for “the reasonable cost of”.

Subsec. (g)(1). Puspan. L. 106–65, § 716(c)(1)(B), struck out “the costs of” after “any other payer for”.

Subsec. (h)(1). Puspan. L. 106–65, § 716(c)(1)(C), substituted “The term ‘third-party payer’ means an entity that provides an insurance, medical service, or health plan by contract or agreement, including an automobile liability insurance or no fault insurance carrier, and any other plan or program that is designed to provide compensation or coverage for expenses incurred by a beneficiary for health care services or products.” for “The term ‘third-party payer’ means an entity that provides an insurance, medical service, or health plan by contract or agreement, including an automobile liability insurance or no fault insurance carrier and a workers’ compensation program or plan.”

1996—Subsec. (g)(1). Puspan. L. 104–201, § 735(a), inserted “or through” after “provided at”.

Subsec. (h)(1). Puspan. L. 104–201, § 735(span)(1), inserted “and a workers’ compensation program or plan” after “insurance carrier”.

Subsec. (h)(2). Puspan. L. 104–201, § 735(span)(2), substituted “organization,” for “organization and” and inserted before period at end “, and a personal injury protection plan or medical payments benefit plan for personal injuries resulting from the operation of a motor vehicle”.

Subsec. (k). Puspan. L. 104–106 added subsec. (k).

1994—Subsec. (span). Puspan. L. 103–337, § 714(span)(1), substituted “shall operate to prevent collection by the United States under subsection (a) if that care is provided—” and pars. (1) to (4) for “if that care is provided through a facility of the uniformed services shall operate to prevent collection by the United States under subsection (a).”

Subsec. (d). Puspan. L. 103–337, § 714(span)(2), inserted “and except as provided in subsection (j),” after “(span),”.

Subsec. (g). Puspan. L. 103–337, § 1070(span)(6), made technical correction to directory language of Puspan. L. 103–160, § 713(a)(1). See 1993 Amendment note below.

Subsec. (h)(1). Puspan. L. 103–337, § 714(span)(3), inserted at end “Such term also includes entities described in subsection (j) under the terms and to the extent provided in such subsection.”

Subsec. (j). Puspan. L. 103–337, § 714(span)(4), added subsec. (j).

1993—Subsec. (g). Puspan. L. 103–160, § 713(c), designated existing provisions as par. (1) and added par. (2).

Puspan. L. 103–160, § 713(a)(2), inserted before period “and shall not be taken into consideration in establishing the operating budget of the facility”.

Puspan. L. 103–160, § 713(a)(1), as amended by Puspan. L. 103–337, § 1070(span)(6), inserted “or under any other provision of law from any other payer” after “third-party payer”.

Subsec. (h). Puspan. L. 103–160, § 713(span), inserted “a preferred provider organization and” after “includes” in par. (2) and added par. (3).

1991—Subsec. (a)(1). Puspan. L. 102–25 inserted “a” before “covered beneficiary”.

Subsec. (i)(2). Puspan. L. 102–190 struck out “or no fault insurance” before “carrier”.

1990—Puspan. L. 101–510, § 713(d)(2), substituted “Health care services incurred on behalf of covered beneficiaries: collection from third-party payers” for “Collection from third-party payers of reasonable inpatient hospital care costs incurred on behalf of retirees and dependents” in section catchline.

Subsec. (a)(1). Puspan. L. 101–510, § 713(d)(1)(A), substituted “covered beneficiary” for “covered by section 1074(span), 1076(a), or 1076(span) of this title”.

Puspan. L. 101–510, § 713(a)(1), substituted “health care services” for “inpatient hospital care”.

Subsec. (a)(2). Puspan. L. 101–510, § 713(d)(1)(B), substituted “covered beneficiary” for “person covered by section 1074(span), 1076(a), or 1076(span) of this title”.

Puspan. L. 101–510, § 713(a)(1), substituted “health care services” for “inpatient hospital care”.

Subsec. (c). Puspan. L. 101–510, § 713(a)(1), substituted “health care services” for “inpatient hospital care”.

Subsec. (f). Puspan. L. 101–510, § 713(a)(1), substituted “health care services” for “inpatient hospital care” in introductory provisions.

Subsec. (f)(2) to (4). Puspan. L. 101–510, § 713(span), added pars. (2) and (3) and redesignated former par. (2) as (4).

Subsec. (g). Puspan. L. 101–510, § 713(a)(1), substituted “health care services” for “inpatient hospital care”.

Subsecs. (h), (i). Puspan. L. 101–510, § 713(c), added subsecs. (h) and (i) and struck out former subsec. (h) which read as follows: “In this section, the term ‘third-party payer’ means an entity that provides an insurance, medical service, or health plan by contract or agreement.”

1989—Subsec. (g). Puspan. L. 101–189, § 727(a)(2), added subsec. (g). Former subsec. (g) redesignated (h).

Subsec. (h). Puspan. L. 101–189, § 1622(e)(5), which directed amendment of subsec. (g) by insertion of “the term” after “In this section,” was executed by making the insertion in subsec. (h) to reflect the probable intent of Congress and the intervening redesignation of subsec. (g) as (h) by Puspan. L. 101–189, § 727(a)(1), see below.

Puspan. L. 101–189, § 727(a)(1), redesignated subsec. (g) as (h).

Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment

Puspan. L. 103–337, div. A, title X, § 1070(span), Oct. 5, 1994, 108 Stat. 2856, provided that the amendment made by that section is effective as of Nov. 30, 1993, and as if included in the National Defense Authorization Act for Fiscal Year 1994, Puspan. L. 103–160, as enacted.

Effective Date of 1990 Amendment

Puspan. L. 101–510, div. A, title VII, § 713(e), Nov. 5, 1990, 104 Stat. 1584, provided that:

“The amendments made by subsection (a) [amending this section] shall apply with respect to health care services provided in a medical facility of the uniformed services after the date of the enactment of this Act [Nov. 5, 1990], but not with respect to collection under any insurance, medical service, or health plan agreement entered into before the date of the enactment of this Act that the Secretary of Defense determines clearly excludes payment for such services. Such an exception shall apply until the amendment or renewal of such agreement after that date.”

Effective Date of 1989 Amendment

Puspan. L. 101–189, div. A, title VII, § 727(span), Nov. 29, 1989, 103 Stat. 1480, provided that:

“The amendment made by this section [amending this section] shall take effect on October 1, 1989, and shall apply to amounts collected under section 1095 of title 10, United States Code, on or after that date.”

Effective Date

Puspan. L. 99–272, title II, § 2001(span), Apr. 7, 1986, 100 Stat. 101, provided that:

Section 1095 of title 10, United States Code, as added by subsection (a), shall apply with respect to inpatient hospital care provided after September 30, 1986, but only with respect to an insurance, medical service, or health plan agreement entered into, amended, or renewed on or after the date of the enactment of this Act [Apr. 7, 1986].”

Pilot Program on Increased Third-Party Collection Reimbursements in Military Medical Treatment Facilities

Puspan. L. 113–66, div. A, title VII, § 712, Dec. 26, 2013, 127 Stat. 793, required the Secretary of Defense, in coordination with the Secretaries of the military departments, to conduct a three-year pilot program to demonstrate and assess the feasibility of implementing commercially available enhanced recovery practices to increase reimbursement from third-party payers in military medical treatment facilities and report the results to Congress not later than 180 days after the program’s completion.