(a) Program Authorized.—(1) The Secretary of Defense may carry out a program under this section to prevent and remedy fraud and abuse in the health care programs of the Department of Defense.
(2) At the discretion of the Secretary, such program may be administered jointly by the Inspector General of the Department of Defense and the Director of the Defense Health Agency.
(3) In carrying out such program, the authorities granted to the Secretary of Defense and the Inspector General of the Department of Defense under section 1128A(m) of the Social Security Act (42 U.S.C. 1320a–7a(m)) shall be available to the Secretary and the Inspector General.
(b) Civil Monetary Penalties.—(1) Except as provided in paragraph (2), the provisions of section 1128A of the Social Security Act (42 U.S.C. 1320a–7a) shall apply with respect to any civil monetary penalty imposed in carrying out the program authorized under subsection (a).
(2) Consistent with section 1079a of this title, amounts recovered in connection with any such civil monetary penalty imposed—(A) shall be credited to appropriations available as of the time of the collection for expenses of the health care program of the Department of Defense affected by the fraud and abuse for which such penalty was imposed; and
(B) may be used to support the administration of the program authorized under subsection (a), including to support any interagency agreements entered into under subsection (d).
(c) Interagency Agreements.—The Secretary of Defense may enter into agreements with the Secretary of Health and Human Services, the Attorney General, or the heads of other Federal agencies, for the effective and efficient implementation of the program authorized under subsection (a).
(d) Rule of Construction.—Joint administration of the program authorized under subsection (a) may not be construed as limiting the authority of the Inspector General of the Department of Defense under any other provision of law.
(e) Fraud and Abuse Defined.—In this section, the term “fraud and abuse” means any conduct specified in subsection (a) or (b) of section 1128A of the Social Security Act (42 U.S.C. 1320a–7a).
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