(1) The term “uniformed services” means the armed forces and the Commissioned Corps of the National Oceanic and Atmospheric Administration and of the Public Health Service.
(2) The term “dependent”, with respect to a member or former member of a uniformed service, means—(A) the spouse;
(B) the unremarried widow;
(C) the unremarried widower;
(D) a child who—(i) has not attained the age of 21;
(ii) has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary and is, or was at the time of the member’s or former member’s death, in fact dependent on the member or former member for over one-half of the child’s support; or
(iii) is incapable of self-support because of a mental or physical incapacity that occurs while a dependent of a member or former member under clause (i) or (ii) and is, or was at the time of the member’s or former member’s death, in fact dependent on the member or former member for over one-half of the child’s support;
(E) a parent or parent-in-law who is, or was at the time of the member’s or former member’s death, in fact dependent on him for over one-half of his support and residing in his household;
(F) the unremarried former spouse of a member or former member who (i) on the date of the final decree of divorce, dissolution, or annulment, had been married to the member or former member for a period of at least 20 years during which period the member or former member performed at least 20 years of service which is creditable in determining that member’s or former member’s eligibility for retired or retainer pay, or equivalent pay, and (ii) does not have medical coverage under an employer-sponsored health plan;
(G) a person who (i) is the unremarried former spouse of a member or former member who performed at least 20 years of service which is creditable in determining the member or former member’s eligibility for retired or retainer pay, or equivalent pay, and on the date of the final decree of divorce, dissolution, or annulment before April 1, 1985, had been married to the member or former member for a period of at least 20 years, at least 15 of which, but less than 20 of which, were during the period the member or former member performed service creditable in determining the member or former member’s eligibility for retired or retainer pay, and (ii) does not have medical coverage under an employer-sponsored health plan;
(H) a person who would qualify as a dependent under clause (G) but for the fact that the date of the final decree of divorce, dissolution, or annulment of the person is on or after April 1, 1985, except that the term does not include the person after the end of the one-year period beginning on the date of that final decree; and
(I) an unmarried person who—(i) is placed in the legal custody of the member or former member as a result of an order of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months;
(ii) either—(I) has not attained the age of 21;
(II) has not attained the age of 23 and is enrolled in a full time course of study at an institution of higher learning approved by the administering Secretary; or
(III) is incapable of self support because of a mental or physical incapacity that occurred while the person was considered a dependent of the member or former member under this subparagraph pursuant to subclause (I) or (II);
(iii) is dependent on the member or former member for over one-half of the person’s support;
(iv) resides with the member or former member unless separated by the necessity of military service or to receive institutional care as a result of disability or incapacitation or under such other circumstances as the administering Secretary may by regulation prescribe; and
(v) is not a dependent of a member or a former member under any other subparagraph.
(3) The term “administering Secretaries” means the Secretaries of executive departments specified in section 1073 of this title as having responsibility for administering this chapter.
(4) The term “Civilian Health and Medical Program of the Uniformed Services” means the program authorized under sections 1079 and 1086 of this title and includes contracts entered into under section 1091 or 1097 of this title and demonstration projects under section 1092 of this title.
(5) The term “covered beneficiary” means a beneficiary under this chapter other than a beneficiary under section 1074(a) of this title.
(6) The term “child”, with respect to a member or former member of a uniformed service, means the following:(A) An unmarried legitimate child.
(B) An unmarried adopted child.
(C) An unmarried stepchild.
(D) An unmarried person—(i) who is placed in the home of the member or former member by a placement agency (recognized by the Secretary of Defense), or by any other source authorized by State or local law to provide adoption placement, in anticipation of the legal adoption of the person by the member or former member; and
(ii) who otherwise meets the requirements specified in paragraph (2)(D).
(7) The term “TRICARE program” means the various programs carried out by the Secretary of Defense under this chapter and any other provision of law providing for the furnishing of medical and dental care and health benefits to members and former members of the uniformed services and their dependents, including the following health plan options:(A) TRICARE Prime.
(B) TRICARE Select.
(C) TRICARE for Life.
(8) The term “custodial care” means treatment or services, regardless of who recommends such treatment or services or where such treatment or services are provided, that—(A) can be rendered safely and reasonably by a person who is not medically skilled; or
(B) is or are designed mainly to help the patient with the activities of daily living.
(9) The term “domiciliary care” means care provided to a patient in an institution or homelike environment because—(A) providing support for the activities of daily living in the home is not available or is unsuitable; or
(B) members of the patient’s family are unwilling to provide the care.
(10) The term “health care” includes mental health care.
(11) The term “TRICARE Extra” means the preferred-provider option of the TRICARE program made available prior to January 1, 2018, under which TRICARE Standard beneficiaries may obtain discounts on cost sharing as a result of using TRICARE network providers.
(12) The term “TRICARE Select” means the self-managed, preferred-provider network option under the TRICARE program established by section 1075 of this title.
(13) The term “TRICARE for Life” means the Medicare wraparound coverage option of the TRICARE program made available to the beneficiary by reason of section 1086(d) of this title.
(14) The term “TRICARE Prime” means the managed care option of the TRICARE program.
(15) The term “TRICARE Standard” means the TRICARE program made available prior to January 1, 2018, covering health benefits contracted for under the authority of section 1079(a) or 1086(a) of this title and subject to the same rates and conditions as apply to persons covered under those sections.
Structure US Code
Subtitle A— General Military Law
CHAPTER 55— MEDICAL AND DENTAL CARE
§ 1071. Purpose of this chapter
§ 1073. Administration of this chapter
§ 1073a. Contracts for health care: best value contracting
§ 1073b. Recurring reports and publication of certain data
§ 1073c. Administration of Defense Health Agency and military medical treatment facilities
§ 1073d. Military medical treatment facilities
§ 1073e. Protection of armed forces from infectious diseases
§ 1073f. Health care fraud and abuse prevention program
§ 1074. Medical and dental care for members and certain former members
§ 1074c. Medical care: authority to provide a wig
§ 1074d. Certain primary and preventive health care services
§ 1074f. Medical tracking system for members deployed overseas
§ 1074g. Pharmacy benefits program
§ 1074h. Medical and dental care: medal of honor recipients; dependents
§ 1074i. Reimbursement for certain travel expenses
§ 1074j. Sub-acute care program
§ 1074k. Long-term care insurance
§ 1074l. Notification to Congress of hospitalization of combat wounded members
§ 1074n. Annual mental health assessments for members of the armed forces
§ 1074o. Provision of hyperbaric oxygen therapy for certain members
§ 1075a. TRICARE Prime: cost sharing
§ 1076. Medical and dental care for dependents: general rule
§ 1076a. TRICARE dental program
§ 1076c. Dental insurance plan: certain retirees and their surviving spouses and other dependents
§ 1076d. TRICARE program: TRICARE Reserve Select coverage for members of the Selected Reserve
§ 1077. Medical care for dependents: authorized care in facilities of uniformed services
§ 1077a. Access to military medical treatment facilities and other facilities
§ 1078. Medical and dental care for dependents: charges
§ 1078a. Continued health benefits coverage
§ 1079. Contracts for medical care for spouses and children: plans
§ 1079a. TRICARE program: treatment of refunds and other amounts collected
§ 1079c. Provisional coverage for emerging services and supplies
§ 1080. Contracts for medical care for spouses and children: election of facilities
§ 1081. Contracts for medical care for spouses and children: review and adjustment of payments
§ 1082. Contracts for health care: advisory committees
§ 1083. Contracts for medical care for spouses and children: additional hospitalization
§ 1084. Determinations of dependency
§ 1085. Medical and dental care from another executive department: reimbursement
§ 1086. Contracts for health benefits for certain members, former members, and their dependents
§ 1086a. Certain former spouses: extension of period of eligibility for health benefits
§ 1088. Air evacuation patients: furnished subsistence
§ 1089. Defense of certain suits arising out of medical malpractice
§ 1090. Identifying and treating drug and alcohol dependence
§ 1090a. Identifying and treating eating disorders.
§ 1090b. Commanding officer and supervisor referrals of members for mental health evaluations
§ 1091. Personal services contracts
§ 1092. Studies and demonstration projects relating to delivery of health and medical care
§ 1092a. Persons entering the armed forces: baseline health data
§ 1093. Performance of abortions: restrictions
§ 1094. Licensure requirement for health-care professionals
§ 1094a. Continuing medical education requirements: system for monitoring physician compliance
§ 1095a. Medical care: members held as captives and their dependents
§ 1095b. TRICARE program: contractor payment of certain claims
§ 1095c. TRICARE program: facilitation of processing of claims
§ 1095d. TRICARE program: waiver of certain deductibles
§ 1095e. TRICARE program: beneficiary counseling and assistance coordinators
§ 1095f. TRICARE program: referrals and preauthorizations under TRICARE Prime
§ 1095g. TRICARE program: waiver of recoupment of erroneous payments caused by administrative error
§ 1096. Military-civilian health services partnership program
§ 1097a. TRICARE Prime: automatic enrollments
§ 1097b. TRICARE program: financial management
§ 1097c. TRICARE program: relationship with employer-sponsored group health plans
§ 1097d. TRICARE program: notice of change to benefits
§ 1098. Incentives for participation in cost-effective health care plans
§ 1099. Health care enrollment system and payment options
§ 1100. Defense Health Program Account
§ 1101. Resource allocation methods: capitation or diagnosis-related groups
§ 1102. Confidentiality of medical quality assurance records: qualified immunity for participants
§ 1103. Contracts for medical and dental care: State and local preemption
§ 1104. Sharing of health-care resources with the Department of Veterans Affairs
§ 1104a. Shared medical facilities with Department of Veterans Affairs
§ 1105. Specialized treatment facility program
§ 1106. Submittal of claims: standard form; time limits
§ 1107. Notice of use of an investigational new drug or a drug unapproved for its applied use
§ 1107a. Emergency use products
§ 1109. Organ and tissue donor program
§ 1110. System for tracking and recording vaccine information; anthrax vaccine immunization program
§ 1110a. Notification of certain individuals regarding options for enrollment under Medicare part B