10 U.S.C. § 1095g — TRICARE program: waiver of recoupment of erroneous payments caused by administrative error

submitted 11 years ago by Pub. L. 114-92 to r/title-10-ARMED-FORCES · 215 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary may waive recovery of an erroneous TRICARE payment when the payment resulted from an administrative error and the recipient reasonably relied on it in good faith.

(a) The Secretary of Defense may waive recovery from a person who received an erroneous TRICARE payment only if: (1) a Department of Defense employee or TRICARE contractor caused it by administrative error; (2) the person, or a minor’s parent or guardian, reasonably and in good faith believed the person was entitled to it under this chapter; (3) the person relied on that expected entitlement; and (4) the Secretary finds a waiver necessary to prevent injustice. (b) If a contractor caused the error, the Secretary must, consistent with the contract’s requirements and procedures, make the contractor financially responsible for the erroneous payment. (c) The Secretary’s decision to waive or not waive recovery is final and cannot be appealed or reviewed by a court. “Administrative error” and “good faith” are not defined here.

the actual law source: uscode.house.gov ↗public domain

(a)Waiver of Recoupment.—

The Secretary of Defense may waive recoupment from an individual who has benefitted from an erroneous TRICARE payment in a case in which each of the following applies:

(1)

The payment was made because of an administrative error by an employee of the Department of Defense or a contractor under the TRICARE program.

(2)

The individual (or in the case of a minor, the parent or guardian of the individual) had a good faith, reasonable belief that the individual was entitled to the benefit of such payment under this chapter.

(3)

The individual relied on the expectation of such entitlement.

(4)

The Secretary determines that a waiver of recoupment of such payment is necessary to prevent an injustice.

(b)Responsibility of Contractor.—

In any case in which the Secretary waives recoupment under subsection (a) and the administrative error was on the part of a contractor under the TRICARE program, the Secretary shall, consistent with the requirements and procedures of the applicable contract, impose financial responsibility on the contractor for the erroneous payment.

(c)Finality of Determinations.—

Any determination by the Secretary under this section to waive or decline to waive recoupment under subsection (a) is a final determination and shall not be subject to appeal or judicial review.

Source credit: (Added Pub. L. 114–92, div. A, title VII, § 711(a), Nov. 25, 2015, 129 Stat. 864.)

history & why it existsrecord from the source credit

2015Enacted · Pub. L. 114-92 · 129 Stat. 864

A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-92 on 2015-11-25.

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