10 U.S.C. § 1098 — Incentives for participation in cost-effective health care plans

(a) Waiver of Limitations and Copayments .— Subject to subsection (b), the Secretary of Defense, for 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 must submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report for a waiver under paragraph (1), including a comparison of costs of and benefits available under— (A) a plan for which the limitations and payment requirements are waived; and (B) a plan for which there is no such waiver. (3) A waiver under paragraph (1) cannot 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) for such waiver.