(a) Establishment.
The TRICARE
program is established for the purpose of implementing a comprehensive
managed health care program for the delivery and financing of health
care services in the Military Health System.
(1) Purpose.
The TRICARE
program implements a number of improvements primarily through modernized
managed care support contracts that include special arrangements
with civilian sector health care providers and better coordination
between military medical treatment facilities (MTFs) and these civilian
providers to deliver an integrated, health care delivery system
that provides beneficiaries with access to high quality healthcare.
Implementation of these improvements, to include enhanced access,
improved health outcomes, increased efficiencies and elimination
of waste, in addition to improving and maintaining operational medical
force readiness, includes adoption of special rules and procedures
not ordinarily followed under CHAMPUS or MTF requirements. This
section establishes those special rules and procedures.
(2) Statutory
authority.
Many of the
provisions of this section are authorized by statutory authorities other
than those which authorize the usual operation of the CHAMPUS program,
especially 10 U.S.C. 1079 and 1086. The TRICARE program also relies
upon other available statutory authorities, including 10 U.S.C.
1075 (TRICARE Select), 10 U.S.C. 1075a (TRICARE Prime cost sharing),
10 U.S.C. 1095f (referrals and preauthorizations under TRICARE Prime),
10 U.S.C. 1099 (health care enrollment system), 10 U.S.C. 1097 (contracts
for medical care for retirees, dependents and survivors: Alternative
delivery of health care), and 10 U.S.C. 1096 (resource sharing agreements).
(3) Scope of the
program.
The TRICARE
program is applicable to all the uniformed services. TRICARE Select
and TRICARE-for-Life shall be available in all areas, including
overseas as authorized in paragraph (u) of this section. The geographic
availability of TRICARE Prime is generally limited as provided in
this section. The Assistant Secretary of Defense (Health Affairs)
may also authorize modifications to TRICARE program rules and procedures
as may be appropriate to the area involved.
(4) Rules and procedures
affected.
Much of this
section relates to rules and procedures applicable to the delivery
and financing of health care services provided by civilian providers
outside military treatment facilities. This section provides that
certain rules, procedures, rights and obligations set forth elsewhere
in this part (and usually applicable to CHAMPUS) are different under
the TRICARE program. To the extent that TRICARE program rules, procedures,
rights and obligations set forth in this section are not different
from or otherwise in conflict with those set forth elsewhere in
this part as applicable to CHAMPUS, the CHAMPUS provisions are incorporated
into the TRICARE program. In addition, some rules, procedures, rights
and obligations relating to health care services in military treatment
facilities are also different under the TRICARE program. In such
cases, provisions of this section take precedence and are binding.
(5) Implementation
based on local action.
The TRICARE program is not automatically
implemented in all respects in all areas where it is potentially
applicable. Therefore, not all provisions of this section are automatically
implemented. Rather, implementation of the TRICARE program and this
section requires an official action by the Director, Defense Health
Agency. Public notice of the initiation of portions of the TRICARE
program will be achieved through appropriate communication and media
methods and by way of an official announcement by the Director identifying
the military medical treatment facility catchment area or other
geographical area covered.
(6) Major
features of the TRICARE program.
The
major features of the TRICARE program, described in this section,
include the following:
(i) Beneficiary categories.
Under the TRICARE
program, health care beneficiaries are generally classified into
one of several categories:
(A) Active duty members,
who are covered by 10 U.S.C. 1074(a).
(B) Active duty family members, who are beneficiaries
covered by 10 U.S.C. 1079 (also referred to in this section as “active
duty family category”).
(C) Retirees and their
family members (also referred to in this section as “retired category”),
who are beneficiaries covered by 10 U.S.C. 1086(c) other than those
beneficiaries eligible for Medicare Part A.
(D) Medicare eligible retirees and Medicare eligible
retiree family members who are beneficiaries covered by 10 U.S.C.
1086(d) as each become individually eligible for Medicare Part A
and enroll in Medicare Part B.
(E) Military treatment facility (MTF) only beneficiaries
are beneficiaries eligible for health care services in military
treatment facilities, but not eligible for a TRICARE plan covering
non-MTF care.
(ii) Health plans
available.
The major TRICARE
health plans are as follows:
(A) TRICARE Prime.
“TRICARE
Prime” is a health maintenance organization (HMO)-like program.
It generally features use of military treatment facilities and substantially
reduced out-of-pocket costs for care provided outside MTFs. Beneficiaries
generally agree to use military treatment facilities and designated
civilian provider networks and to follow certain managed care rules
and procedures. The primary purpose of TRICARE Prime is to support
the effective operation of an MTF, which exists to support the medical
readiness of the armed forces and the readiness of medical personnel.
TRICARE Prime will be offered in areas where the Director determines
that it is appropriate to support the effective operation of one
or more MTFs.
(B) TRICARE Select.
“TRICARE
Select” is a self-managed, preferred provider organization (PPO) program.
It allows beneficiaries to use the TRICARE provider civilian network,
with reduced out-of-pocket costs compared to care from non-network
providers, as well as military treatment facilities (where they
exist and when space is available). TRICARE Select enrollees will
not have restrictions on their freedom of choice with respect to
authorized health care providers. However, when a TRICARE Select
beneficiary receives services covered under the basic program from
an authorized health care provider who is not part of the TRICARE
provider network that care is covered by TRICARE but is subject to
higher cost sharing amounts for “out-of-network” care. Those amounts
are the same as under the basic program under Sec. 199.4.
(C) TRICARE for Life.
“TRICARE for
Life” is the Medicare wraparound coverage plan under 10 U.S.C. 1086(d).
Rules applicable to this plan are unaffected by this section; they
are generally set forth in Secs. 199.3 (Eligibility), 199.4 (Basic
Program Benefits), and 199.8 (Double Coverage).
(D) TRICARE Standard.
“TRICARE Standard”
generally referred to the basic CHAMPUS program of benefits under
Sec. 199.4. While the law required termination of TRICARE Standard
as a distinct TRICARE plan December 31, 2017, the CHAMPUS basic
program benefits under Sec. 199.4 continues as the baseline of benefits
common to the TRICARE Prime and TRICARE Select plans.
(iii) Comprehensive
enrollment system.
The
TRICARE program includes a comprehensive enrollment system for all
categories of beneficiaries except TRICARE-for-Life beneficiaries.
When eligibility for enrollment for TRICARE Prime and/or TRICARE
Select exists, a beneficiary must enroll in one of the plans. Refer
to paragraph (o) of this section for TRICARE program enrollment
procedures.
(7) Preemption of
State laws.
(i) Pursuant to 10 U.S.C. 1103 the Department of
Defense has determined that in the administration of 10 U.S.C. chapter
55, preemption of State and local laws relating to health insurance,
prepaid health plans, or other health care delivery or financing
methods is necessary to achieve important Federal interests, including
but not limited to the assurance of uniform national health programs
for military families and the operation of such programs at the
lowest possible cost to the Department of Defense, that have a direct
and substantial effect on the conduct of military affairs and national
security policy of the United States.
(ii) Based on the determination set forth in paragraph
(a)(7)(i) of this section, any State or local law relating to health
insurance, prepaid health plans, or other health care delivery or
financing methods is preempted and does not apply in connection
with TRICARE regional contracts. Any such law, or regulation pursuant
to such law, is without any force or effect, and State or local
governments have no legal authority to enforce them in relation
to the TRICARE regional contracts. (However, the Department of Defense
may by contract establish legal obligations of the part of TRICARE
contractors to conform with requirements similar or identical to
requirements of State or local laws or regulations).
(iii) The preemption
of State and local laws set forth in paragraph (a)(7)(ii) of this
section includes State and local laws imposing premium taxes on
health or dental insurance carriers or underwriters or other plan
managers, or similar taxes on such entities. Such laws are laws
relating to health insurance, prepaid health plans, or other health
care delivery or financing methods, within the meaning of the statutes
identified in paragraph (a)(7)(i) of this section. Preemption, however,
does not apply to taxes, fees, or other payments on net income or
profit realized by such entities in the conduct of business relating
to DoD health services contracts, if those taxes, fees or other
payments are applicable to a broad range of business activity. For
purposes of assessing the effect of Federal preemption of State and
local taxes and fees in connection with DoD health and dental services
contracts, interpretations shall be consistent with those applicable
to the Federal Employees Health Benefits Program under 5 U.S.C.
8909(f).
(b) TRICARE Prime and TRICARE Select health plans
in general.
The two primary
plans for beneficiaries in the active duty family category and the
retired category (which does not include most Medicare-eligible
retirees/dependents) are TRICARE Prime and TRICARE Select. This
paragraph (b) further describes the TRICARE Prime and TRICARE Select
health plans.
(1) TRICARE Prime.
TRICARE Prime
is a managed care option that provides enhanced medical services
to beneficiaries at reduced cost-sharing amounts for eneficiaries
whose care is managed by a designated primary care manager and provided
by an MTF or network provider. TRICARE Prime is offered in a location
in which an MTF is located (other than a facility limited to members
of the armed forces) that has been designated by the Director as
a Prime Service Area. In addition, where TRICARE Prime is offered
it may be limited to active duty family members if the Director
determines it is not practicable to offer TRICARE Prime to retired
category beneficiaries. TRICARE Prime is not offered in areas where
the Director determines it is impracticable. If TRICARE Prime is
not offered in a geographical area, certain active duty family members
residing in the area may be eligible to enroll in TRICARE Prime
Remote program under paragraph (g) of this section.
(2) TRICARE Select.
TRICARE Select
is the self-managed option under which beneficiaries may receive authorized
basic program benefits from any TRICARE authorized provider. The
TRICARE Select health care plan also provides enhanced program benefits
to beneficiaries with access to a preferred provider network with
broad geographic availability within the United States at reduced
out-of-pocket expenses. However, when a beneficiary receives services
from an authorized health care provider who is not part of the TRICARE
provider network, only basic program benefits (not enhanced Select
care) are covered by TRICARE and the beneficiary is subject to higher
cost sharing amounts for “out-of-network” care. Those amounts are
the same as under the basic program under Sec. 199.4.
(c)
Eligibility
for enrollment in TRICARE Prime and TRICARE Select.
Beneficiaries
in the active duty family category and the retired category are
eligible to enroll in TRICARE Prime and/or TRICARE Select as outlined
in this paragraph (c). A retiree or retiree family member who becomes
eligible for Medicare Part A is not eligible to enroll in TRICARE
Select; however, as provided in this paragraph (c), some Medicare
eligible retirees/family members may be allowed to enroll in TRICARE
Prime where available. In general, when a retiree or retiree family
member becomes individually eligible for Medicare Part A and enrolls
in Medicare Part B, he/she is automatically eligible for TRICARE-for-Life
and is required to enroll in the Defense Enrollment Eligibility
Reporting System (DEERS) to verify eligibility. Further, some rules
and procedures are different for dependents of active duty members
and retirees, dependents, and survivors.
(1) Active duty members.
Active
duty members are required to enroll in Prime where it is offered. Active
duty members shall have first priority for enrollment in Prime.
(2) Dependents of
active duty members.
Beneficiaries
in the active duty family member category are eligible to enroll
in Prime (where offered) or Select.
(3) Survivors
of deceased members.
(i) The surviving spouse
of a member who dies while on active duty for a period of more than
30 days is eligible to enroll in Prime (where offered) or Select
for a 3 year period beginning on the date of the member’s death
under the same rules and provisions as dependents of active duty
members.
(ii) A dependent child
or unmarried person (as described in Sec. 199.3(b)(2)(ii) or (iv))
of a member who dies while on active duty for a period of more than
30 days whose death occurred on or after October 7, 2001, is eligible
to enroll in Prime (where offered) or Select and is subject to the
same rules and provisions of dependents of active duty members for
a period of three years from the date the active duty sponsor dies
or until the surviving eligible dependent:
(A) Attains 21 years of age; or
(B) Attains 23 years of age or ceases to pursue
a full-time course of study prior to attaining 23 years of age,
if, at 21 years of age, the eligible surviving dependent is enrolled
in a full-time course of study in a secondary school or in a full-time
course of study in an institution of higher education approved by
the Secretary of Defense and was, at the time of the sponsor’s death,
in fact dependent on the member for over onehalf of such dependent’s
support.
(4) Retired,
dependents of retirees, and survivors (other than survivors of deceased
members covered under paragraph (c)(3) of this section).
All retirees,
dependents of retirees, and survivors who are not eligible for Medicare
Part A are eligible to enroll in Select. dditionally, retirees,
dependents of retirees, and survivors who are not eligible for Medicare
Part A based on age are also eligible to enroll in TRICARE Prime
in locations where it is offered and where an MTF has, in the judgment
of the Director, a significant number of health care providers,
including specialty care providers, and sufficient capability to
support the efficient operation of TRICARE Prime for projected retired
beneficiary enrollees in that location.
(d)
Health
benefits under TRICARE Prime--
(1) Military treatment
facility (MTF) care--
(i) In general.
All participants
in Prime are eligible to receive care in military treatment facilities.
Participants in Prime will be given priority for such care over
other beneficiaries. Among the following beneficiary groups, access priority
for care in military treatment facilities where TRICARE is implemented
as follows:
(A) Active duty service
members;
(B) Active duty service
members’ dependents and survivors of service members who died on
active duty, who are enrolled in TRICARE Prime;
(C) Retirees, their dependents and survivors, who
are enrolled in TRICARE Prime;
(D) Active duty service members’ dependents and
survivors of deceased members, who are not enrolled in TRICARE Prime;
and
(E) Retirees, their
dependents and survivors who are not enrolled in TRICARE Prime.
For purposes of this paragraph (d)(1), survivors of members who
died while on active duty are considered as among dependents of
active duty service members.
(ii) Special provisions.
Enrollment in
Prime does not affect access priority for care in military treatment
facilities for several miscellaneous beneficiary groups and special
circumstances. Those include Secretarial designees, NATO and other
foreign military personnel and dependents authorized care through
international agreements, civilian employees under workers’ compensation
programs or under safety programs, members on the Temporary Disability
Retired List (for statutorily required periodic medical examinations),
members of the reserve components not on active duty (for covered medical
services), military prisoners, active duty dependents unable to
enroll in Prime and temporarily away from place of residence, and
others as designated by the Assistant Secretary of Defense (Health Affairs).
Additional exceptions to the normal Prime enrollment access priority
rules may be granted for other categories of individuals, eligible
for treatment in the MTF, whose access to care is necessary to provide
an adequate clinical case mix to support graduate medical education
programs or readiness-related medical skills sustainment activities,
to the extent approved by the ASD(HA).
(2) Non-MTF care
for active duty members.
Under
Prime, non-MTF care needed by active duty members continues to be
arranged under the supplemental care program and subject to the
rules and procedures of that program, including those set forth
in Sec. 199.16.
(3) Civilian sector
Prime benefits.
Health
benefits for Prime enrollees for care received from civilian providers
are those under Sec. 199.4 and the additional benefits identified
in paragraph (f) of this section.
(e)
Health
benefits under the TRICARE extra plan--
(1) Civilian sector
care.
The health benefits under
TRICARE Select for enrolled beneficiaries received from civilian
providers are those under Sec. 199.4, and, in addition, those in
paragraph (f) of this section when received from a civilian network provider.
(2) Military treatment
facility (MTF) care.
All
TRICARE Select enrolled beneficiaries continue to be eligible to
receive care in military treatment facilities on a space available
basis.
(f) Benefits under TRICARE Prime and TRICARE Select--
(1) In general.
Except
as specifically provided or authorized by this section, all benefits
provided, and benefit limitations established, pursuant to this
part, shall apply to TRICARE Prime and TRICARE Select.
(2) Preventive care
services.
Certain
preventive care services not normally provided as part of basic program
benefits under Sec. 199.4 are covered benefits when provided to
Prime or Select enrollees by providers in the civilian provider
network. Such additional services are authorized under 10 U.S.C.
1097, including preventive care services not part of the entitlement
under 10 U.S.C. 1074d and services that would otherwise be excluded
under 10 U.S.C. 1079(a)(10). Other authority for such additional
services includes section 706 of the National Defense Authorization
Act for Fiscal Year 2017. The specific set of such services shall
be established by the Director and announced annually before the
open season enrollment period. Standards for preventive care services
shall be developed based on guidelines from the U.S. Department
of Health and Human Services. Such standards shall establish a specific
schedule, including frequency or age specifications for services
that may include, but are not limited to:
(i) Laboratory and imaging tests, including blood
lead, rubella, cholesterol, fecal occult blood testing, and mammography;
(ii) Cancer screenings (including cervical, breast,
lung, prostate, and colon cancer screenings);
(iii) Immunizations;
(iv) Periodic health promotion and disease prevention
exams;
(v) Blood pressure
screening;
(vi) Hearing exams;
(vii) Sigmoidoscopy
or colonoscopy;
(viii) Serologic screening;
and
(ix) Appropriate
education and counseling services. The exact services offered shall
be established under uniform standards established by the Director.
(3) Treatment
of obesity.
Under the authority
of 10 U.S.C. 1097 and sections 706 and 729 of the National Defense
Authorization Act for Fiscal Year 2017, notwithstanding 10 U.S.C.
1079(a)(10), treatment of obesity is covered under TRICARE Prime
and TRICARE Select even if it is the sole or major condition treated.
Such services must be provided by a TRICARE network provider and
be medically necessary and appropriate in the context of the particular
patient’s treatment.
(4) High value
services.
Under the
authority of 10 U.S.C. 1097 and other authority, including sections 706
and 729 of the NDAA-17, for purposes of improving population-based
health outcomes and incentivizing medical intervention programs
to address chronic diseases and other conditions and healthy lifestyle
interventions, the Director may waive or reduce cost sharing requirements
for TRICARE Prime and TRICARE Select enrollees for care received
from network providers for certain health care services designated
for this purpose. The specific services designated for this purpose
will be those the Director determines provide especially high value
in terms of better health outcomes. The specific services affected
for any plan year will be announced by the Director prior to the
open season enrollment period for that plan year. Services affected
by actions of the Director under this paragraph (f)(4) may be associated
with actions taken for high value medications under Sec. 199.21(j)(3)
for select pharmaceutical agents to be cost-shared at a reduced
or zero dollar rate.
(5) Other services.
In addition
to services provided pursuant to paragraphs (f)(2) through (4) of
this section, other benefit enhancements may be added and other
benefit restrictions may be waived or relaxed in connection with
health care services provided to TRICARE Prime and TRICARE Select enrollees.
Any such other enhancements or changes must be approved by the Director
based on uniform standards.
(g) TRICARE Prime Remote for Active Duty Family
Members--
(1) In general.
In geographic areas in which TRICARE
Prime is not offered and in which eligible family members reside,
there is offered under 10 U.S.C. 1079(p) TRICARE Prime Remote for
Active Duty Family Members as an enrollment option. TRICARE Prime
Remote for Active Duty Family Members (TPRADFM) will generally follow
the rules and procedures of TRICARE Prime, except as provided in
this paragraph (g) and otherwise except to the extent the Director
determines them to be infeasible because of the remote area.
(2) Active
duty family member.
For
purposes of this paragraph (g), the term “active duty family member”
means one of the following dependents of an active duty member of
the Uniformed Services:
(i) Spouse, child,
or unmarried person, as defined in Sec. 199.3(b)(2)(i), (ii), or
(iv);
(ii) For a 3-year period,
the surviving spouse of a member who dies while on active duty for
a period of more than 30 days whose death occurred on or after October
7, 2001; and
(iii) The surviving
dependent child or unmarried person, as defined in Sec. 199.3(b)(2)(ii)
or (iv), of a member who dies while on active duty for a period
of more than 30 days whose death occurred on or after October 7,
2001. Active duty family member status is for a period of 3 years
from the date the active duty sponsor dies or until the surviving
eligible dependent:
(A) Attains 21 years
of age; or
(B) Attains 23 years
of age or ceases to pursue a full-time course of study prior to
attaining 23 years of age, if, at 21 years of age, the eligible
surviving dependent is enrolled in a full-time course of study in
a secondary school or in a full-time course of study in an institution
of higher education approved by the Secretary of Defense and was,
at the time of the sponsor’s death, in fact dependent on the member
for over one half of such dependent’s support.
(3) Eligibility.
(i) An active duty family member is eligible for
TRICARE Prime Remote for Active Duty Family Members if he or she
is eligible for CHAMPUS and, on or after December 2, 2003, meets
the criteria of paragraphs (g)(3)(i)(A) and (B) or paragraph (g)(3)(i)(C)
of this section or on or after October 7, 2001, meets the criteria
of paragraph (g)(3)(i)(D) or (E) of this section:
(A) The family member’s active duty sponsor has
been assigned permanent duty as a recruiter; as an instructor at
an educational institution, an administrator of a program, or to
provide administrative services in support of a program of instruction
for the Reserve Officers’ Training Corps; as a full-time adviser
to a unit of a reserve component; or any other permanent duty designated
by the Director that the Director determines is more than 50 miles,
or approximately one hour driving time, from the nearest military
treatment facility that is adequate to provide care.
(B) The family members and active duty sponsor,
pursuant to the assignment of duty described in paragraph (g)(3)(i)(A)
of this section, reside at a location designated by the Director,
that the Director determines is more than 50 miles, or approximately
one hour driving time, from the nearest military medical treatment
facility adequate to provide care.
(C) The family member, having resided together with
the active duty sponsor while the sponsor served in an assignment
described in paragraph (g)(3)(i)(A) of this section, continues to
reside at the same location after the sponsor relocates without
the family member pursuant to orders for a permanent change of duty
station, and the orders do not authorize dependents to accompany
the sponsor to the new duty station at the expense of the United
States.
(D) For a 3 year period,
the surviving spouse of a member who dies while on active duty for
a period of more than 30 days whose death occurred on or after October
7, 2001.
(E) The surviving dependent
child or unmarried person as defined in Sec. 199.3(b)(2)(ii) or
(iv), of a member who dies while on active duty for a period of
more than 30 days whose death occurred on or after October 7, 2001,
for three years from the date the active duty sponsor dies or until
the surviving eligible dependent:
(1) Attains 21
years of age; or
(2) Attains 23
years of age or ceases to pursue a full-time course of study prior
to attaining 23 years of age, if, at 21 years of age, the eligible
surviving dependent is enrolled in a full-time course of study in
a secondary school or in a full-time course of study in an institution
of higher education approved by the Secretary of Defense and was,
at the time of the sponsor’s death, in fact dependent on the member
for over one half of such dependent’s support.
(ii) A family member who is a dependent of a reserve
component member is eligible for TRICARE Prime Remote for Active
Duty Family Members if he or she is eligible for CHAMPUS and meets
all of the following additional criteria:
(A) The reserve component member has been ordered
to active duty for a period of more than 30 days.
(B) The family member resides with the member.
(C) The Director, determines the residence of the
reserve component member is more than 50 miles, or approximately
one hour driving time, from the nearest military medical treatment
facility that is adequate to provide care.
(D) “Resides with” is defined as the TRICARE Prime
Remote residence address at which the family resides with the activated
reservist upon activation.
(4) Enrollment.
TRICARE Prime
Remote for Active Duty Family Members requires enrollment under procedures
set forth in paragraph (o) of this section or as otherwise established
by the Director.
(5) Health
care management requirements under TRICARE Prime Remote for Active
Duty Family Members.
The additional health care management
requirements applicable to Prime enrollees under paragraph (n) of
this section are applicable under TRICARE Prime Remote for Active
Duty Family Members unless the Director determines they are infeasible
because of the particular remote location. Enrollees will be given
notice of the applicable management requirements in their remote
location.
(6) Cost sharing.
Beneficiary
cost sharing requirements under TRICARE Prime Remote for Active
Duty Family Members are the same as those under TRICARE Prime under
paragraph (m) of this section, except that the higher point-of-service
option cost sharing and deductible shall not apply to routine primary
health care services in cases in which, because of the remote location,
the beneficiary is not assigned a primary care manager or the Director
determines that care from a TRICARE network provider is not available
within the TRICARE access standards under paragraph (p)(5) of this
section. The higher point-of-service option cost sharing and deductible
shall apply to specialty health care services received by any TRICARE
Prime Remote for Active Duty Family Members enrollee unless an appropriate referral/preauthorization
is obtained as required by paragraph (n) of this section under TRICARE
Prime. In the case of pharmacy services under Sec. 199.21, where
the Director determines that no TRICARE network retail pharmacy
has been established within a reasonable distance of the residence
of the TRICARE Prime Remote for Active Duty Family Members enrollee,
cost sharing applicable to TRICARE network retail pharmacies will
be applicable to all CHAMPUS eligible pharmacies in the remote area.
(h) Resource sharing agreements.
Under the TRICARE program, any military
medical treatment facility (MTF) commander may establish resource
sharing agreements with the applicable managed care support contractor
for the purpose of providing for the sharing of resources between
the two parties. Internal resource sharing and external resource
sharing agreements are authorized. The provisions of this paragraph
(h) shall apply to resource sharing agreements under the TRICARE program.
(1) In connection with
internal resource sharing agreements, beneficiary cost sharing requirements shall
be the same as those applicable to health care services provided
in facilities of the uniformed services.
(2) Under internal
resource sharing agreements, the double coverage requirements of
Sec. 199.8 shall be replaced by the Third Party Collection procedures
of 32 CFR part 220, to the extent permissible under such part. In
such a case, payments made to a resource sharing agreement provider
through the TRICARE managed care support contractor shall be deemed
to be payments by the MTF concerned.
(3) Under
internal or external resource sharing agreements, the commander
of the MTF concerned may authorize the provision of services, pursuant
to the agreement, to Medicare-eligible beneficiaries, if such services
are not reimbursable by Medicare, and if the commander determines
that this will promote the most cost-effective provision of services
under the TRICARE program.
(4) Under
external resource sharing agreements, there is no cost sharing applicable
to services provided by military facility personnel. Cost sharing
for non-MTF institutional and related ancillary charges shall be
as applicable to services provided under TRICARE Prime or TRICARE
Select, as appropriate.
(i)
General
quality assurance, utilization review, and preauthorization requirements
under the TRICARE program.
All
quality assurance, utilization review, and preauthorization requirements
for the basic CHAMPUS program, as set forth in this part (see especially
applicable provisions in Secs. 199.4 and 199.15), are applicable
to Prime and Select except as provided in this chapter. Pursuant
to an agreement between a military medical treatment facility and
TRICARE managed care support contractor, quality assurance, utilization
review, and preauthorization requirements and procedures applicable
to health care services outside the military medical treatment facility
may be made applicable, in whole or in part, to health care services
inside the military medical treatment facility.
(j) Pharmacy services.
Pharmacy services under Prime and Select
are as provided in the Pharmacy Benefits Program (see Sec. 199.21).
(k) Design of cost sharing structures under TRICARE
Prime and TRICARE Select--
(1) In general.
The design of
the cost sharing structures under TRICARE Prime and TRICARE Select
includes several major factors: beneficiary category (e.g., active
duty family member category or retired category, and there are some
special rules for survivors of active duty deceased sponsors and
medically retired members and their dependents); date of initial
military affiliation (i.e., before or on or after January 1, 2018),
category of health care service received, and network or non-network
status of the provider.
(2) Categories
of health care services.
This
paragraph (k)(2) describes the categories of health care services
relevant to determining copayment amounts.
(i) Preventive care
visits.
These
are outpatient visits and related services described in paragraph
(f)(2) of this section. There are no cost sharing requirements for
preventive care listed under Secs. 199.4(e)(28)(i) through (iv)
and 199.17(f)(2). Beneficiaries shall not be required to pay any
portion of the cost of these preventive services even if the beneficiary
has not satisfied any applicable deductible for that year.
(ii) Primary care
outpatient visits.
These
are outpatient visits, not occurring in an ER or urgent care center,
with the following provider specialties:
(A) General Practice.
(B) Family Practice.
(C) Internal Medicine.
(D) OB/GYN.
(E) Pediatrics.
(F) Physician’s Assistant.
(G) Nurse Practitioner.
(H) Nurse Midwife.
(iii) Specialty care
outpatient visits.
This category applies to outpatient
care provided by provider specialties other than those listed under
primary care outpatient visits under paragraph (k)(2)(ii) of this section
and not specifically included in one of the other categories of
care (e.g., emergency room visits etc.) under paragraph (k)(2) of
this section. This category also includes partial hospitalization
services, intensive outpatient treatment, and opioid treatment program
services. The per visit fee shall be applied on a per day basis
on days services are received, with the exception of opioid treatment program
services reimbursed in accordance with Sec. 199.14(a)(2)(ix)(A)(3)(i)
which per visit fee will apply on a weekly basis.
(iv) Emergency room visits.
(v) Urgent care center visits.
(vi) Ambulance services.
This is for
ground ambulance services.
(vii) Ambulatory
surgery.
This is for
facility-based outpatient ambulatory surgery services.
(viii) Inpatient
hospital admissions.
(ix) Skilled nursing
facility or rehabilitation facility admissions.
This category includes a residential treatment
center, or substance use disorder rehabilitation facility residential
treatment program.
(x) Durable medical equipment, prosthetic devices,
and other authorized supplies.
(xi) Outpatient prescription
pharmaceuticals.
These
are addressed in Sec. 199.21.
(3) Beneficiary
categories further subdivided.
For
purposes of both TRICARE Prime and TRICARE Select, enrollment fees
and cost sharing by beneficiary category (e.g., active duty family
member category or retired category) are further differentiated
between two groups.
(i) Group A consists
of Prime or Select enrollees whose sponsor originally enlisted or
was appointed in a uniformed service before January 1, 2018.
(ii) Group B consists of Prime or Select enrollees
whose sponsor originally enlisted or was appointed in a uniformed
service on or after January 1, 2018.
(l) Enrollment fees and cost sharing (including
deductibles and catastrophic cap) amounts.
This paragraph
(l) provides enrollment fees and cost sharing requirements applicable
to TRICARE Prime and TRICARE Select enrollees.
(1) Enrollment fee
and cost sharing under TRICARE Prime.
(i) For Group A enrollees:
(A) There is no enrollment fee for the active duty
family member category.
(B) The retired category
enrollment fee in calendar year 2018 is equal to the Prime enrollment
fee for fiscal year 2017, indexed to calendar year 2018 and thereafter
in accordance with 10 U.S.C. 1097. The Assistant Secretary of Defense
(Health Affairs) may exempt survivors of active duty deceased sponsors and
medically retired Uniformed Services members and their dependents
from future increases in enrollment fees. The Assistant Secretary
of Defense (Health Affairs) may also waive the enrollment fee requirements
for Medicare-eligible beneficiaries.
(C) The cost sharing amounts are established annually
in connection with the open season enrollment period. An amount
is established for each category of care identified in paragraph
(k)(2) of this section, taking into account all applicable statutory
provisions, including 10 U.S.C. chapter 55. The amount for each
category of care may not exceed the amount for Group B as set forth
in 10 U.S.C. 1075a.
(D) The catastrophic
cap is $1,000 for active duty families and $3,000 for retired category
families.
(ii) For
Group B TRICARE Prime enrollees, the enrollment fee, catastrophic
cap, and cost sharing amounts are as set forth in 10 U.S.C. 1075a.
The cost sharing requirements applicable to services not specifically
addressed in the table set forth in 10 U.S.C. 1075a(b)(1) shall
be determined by the Director, DHA.
(iii) For both Group
A and Group B, for health care services obtained by a Prime enrollee
but not obtained in accordance with the rules and procedures of
Prime (e.g. failure to obtain a primary care manager referral when
such a referral is required or seeing a non-network provider when
Prime rules require use of a network provider and one is available)
will not be paid under Prime rules but may be covered by the point-of-service
option. For services obtained under the point-of-service option,
the deductible is $300 per person and $600 per family. The beneficiary
cost share is 50 percent of the allowable charges for inpatient
and outpatient care, after the deductible. Point-of-service charges
do not count against the annual catastrophic cap.
(2) Enrollment
fee and cost sharing under TRICARE Select.
(i) For Group A enrollees:
(A) The enrollment
fee in calendar years 2018 through 2020 is zero and the catastrophic
cap is as provided in 10 U.S.C. 1079 or 1086. The enrollment fee
and catastrophic cap in 2021 and thereafter for certain beneficiaries
in the retired category is as provided in 10 U.S.C. 1075(e), except
the enrollment fee and catastrophic cap adjustment shall not apply
to survivors of active duty deceased sponsors and medically retired
Uniformed Services members and their dependents.
(B) The cost sharing amounts for network care for
Group A enrollees are calculated for each category of care described
in paragraph (k)(2) of this section by taking into account all applicable
statutory provisions, including 10 U.S.C. chapter 55, as if TRICARE
Extra and Standard programs were still being implemented. When determined
practicable, including efficiency and effectiveness in administration, the
amounts established are converted to fixed dollar amounts for each
category of care for which a fixed dollar amount is established
by 10 U.S.C. 1075. When determined not to be practicable, as in
the categories of care including ambulatory surgery, inpatient admissions,
and inpatient skilled nursing/rehabilitation admissions, the calculated
cost-sharing amounts are not converted to fixed dollar amounts.
The fixed dollar amount for each category is set prospectively for
each calendar year as the amount (rounded down to the nearest dollar
amount) equal to 15% for enrollees in the active duty family beneficiary
category or 20% for enrollees in the retired beneficiary category
of the projected average allowable payment amount for each category
of care during the year, as estimated by the Director. The projected
average allowable payment amount for primary care (including urgent
care) and specialty care outpatient appointments include payments
for ancillary services (e.g., laboratory and radiology services)
that are provided in connection with the respective outpatient visit.
As such, there is no separate cost sharing for these ancillary services.
(C) The cost share for care received from non-network
providers is as provided in Sec. 199.4.
(D) The annual deductible amount is as provided
in 10 U.S.C. 1079 or 1086.
(ii) For Group B TRICARE
Select enrollees, the enrollment fee, annual deductible for services
received while in an outpatient status, catastrophic cap., and cost
sharing amounts are as provided in 10 U.S.C. 1075 and as consistent
with this section. The cost sharing requirements applicable to services
not specifically addressed in 10 U.S.C. 1075 shall be determined
by the Director, DHA.
(3) Special
cost-sharing rules.
(i) There
is no separate cost-sharing applicable to ancillary health care services
obtained in conjunction with an outpatient primary or specialty
care visit under TRICARE Prime or from network providers under TRICARE
Select.
(ii) Cost-sharing for maternity care services
shall be determined in accordance with Sec. 199.4(e)(16).
(iii) Cost-sharing and copayments
(including deductibles) shall be waived for in-network telehealth services
during the national emergency for the global coronavirus 2019 (COVID-19)
pandemic.
(4) Special
transition rule for the last quarter of calendar year 2017.
In order to
transition enrollment fees, deductibles, and catastrophic caps from
a fiscal year basis to a calendar year basis, the following special
rules apply for the last quarter of calendar year 2017:
(A) A Prime enrollee’s enrollment fee for the quarter
is one-fourth of the enrollment fee for fiscal year 2017.
(B) The deductible
amount and the catastrophic cap amount for fiscal year 2017 will
be applicable to the 15-month period of October 1, 2016 through
December 31, 2017.
(m) Limit on out-of-pocket costs under TRICARE Prime
and TRICARE Select.
For the purpose of this paragraph
(m), out-of-pocket costs means all payments required of beneficiaries
under paragraph (l) of this section, including enrollment fees,
deductibles, and cost sharing amounts, with the exception of point-of-service
charges. In any case in which a family reaches their applicable
catastrophic cap, all remaining payments that would have been required
of the beneficiary under paragraph (l) of this section for authorized
care, with the exception of applicable point-of-service charges
pursuant to paragraph (l)(1)(iii) of this section, will be paid
by the program for the remainder of that calendar year.
(n) Additional health care management requirements
under TRICARE Prime.
Prime
has additional, special health care management requirements not
applicable under TRICARE Select.
(1) Primary care
manager.
(i) All active duty
members and Prime enrollees will be assigned a primary care manager
pursuant to a system established by the Director, and consistent
with the access standards in paragraph (p)(5)(i) of this section.
The primary care manager may be an individual, physician, a group
practice, a clinic, a treatment site, or other designation. The
primary care manager may be part of the MTF or the Prime civilian
provider network. The enrollee will be given the opportunity to
register a preference for primary care manager from a list of choices
provided by the Director. This preference will be entered on a TRICARE
Prime enrollment form or similar document. Preference requests will
be considered, but primary care manager assignments will be subject
to availability under the MTF beneficiary category priority system
under paragraph (d) of this section and subject to other operational
requirements.
(ii) Prime
enrollees who are dependents of active duty members in pay grades
E–1 through E–4 shall have priority over other active duty dependents
for enrollment with MTF PCMs, subject to MTF capacity.
(2) Referral
and preauthorization requirements.
(i) Under
TRICARE Prime there are certain procedures for referral and preauthorization.
(A) For the purpose
of this paragraph (n)(2), referral addresses the issue of who will
provide authorized health care services. In many cases, Prime beneficiaries
will be referred by a primary care manager to a medical department
of an MTF if the type of care needed is available at the MTF. In
such a case, failure to adhere to that referral will result in the
care being subject to point-of-service charges. In other cases,
a referral may be to the civilian provider network, and again, point-of-service
charges would apply to a failure to follow the referral.
(B) In contrast to referral, preauthorization addresses
the issue of whether particular services may be covered by TRICARE,
including whether they appear necessary and appropriate in the context
of the patient’s diagnosis and circumstances. A major purpose of
preauthorization is to prevent surprises about coverage determinations,
which are sometimes dependent on particular details regarding the patient’s
condition and circumstances. While TRICARE Prime has referral requirements
that do not exist for TRICARE Select, TRICARE Select has some preauthorization
requirements that do not exist for TRICARE Prime.
(C) In any other special circumstances identified
by the Director, generally with notice provided in connection with
the open season enrollment period for the plan year.
(ii) Except as otherwise provided in this paragraph
(n)(2), a beneficiary enrolled in TRICARE Prime is required to obtain
a referral for care through a designated primary care manager (or
other authorized care coordinator) prior to obtaining care under
the TRICARE program.
(iii) There is no referral
requirement under paragraph (n)(2)(i) of this section in the following circumstances.
(A) In emergencies;
(B) For urgent care services for a certain number
of visits per year (zero to unlimited), with the number specified
by the Director and notice provided in connection with the open
season enrollment period preceding the plan year; and
(C) In any other special circumstances identified
by the Director, generally with notice provided in connection with
the open season enrollment period for the plan year.
(iv) A primary care manager who believes a referral
to a specialty care provider is medically necessary and appropriate
need not obtain preauthorization from the managed care support contractor
before referring a patient to a network specialty care provider.
Such preauthorization is only required with respect to a primary
care manager’s referral for:
(A) Inpatient hospitalization;
(B) Inpatient care at a skilled nursing facility;
(C) Inpatient care at a rehabilitation facility;
and
(D) Inpatient care
at a residential treatment facility.
(v) The restrictions in paragraph (n)(2)(iv) of
this section on preauthorization requirements do not apply to any
preauthorization requirements that are generally applicable under
TRICARE, independent of TRICARE Prime referrals, such as:
(A) Under the Pharmacy Benefits Program under 10
U.S.C. 1074g and Sec. 199.21.
(B) For laboratory
and other ancillary services.
(C) Durable medical
equipment.
(vi) The cost-sharing
requirement for a beneficiary enrolled in TRICARE Prime who does
not obtain a referral for care when it is required, including care
from a non-network provider, is as provided in paragraph (l)(1)(iii)
of this section concerning point of service care.
(vii) In
the case of care for which preauthorization is not required under
paragraph (n)(2)(iv) of this section, the Director may authorize
a managed care support contractor to offer a voluntary pre-authorization
program to enable beneficiaries and providers to confirm covered
benefit status and/or medical necessity or to understand the criteria
that will be used by the managed care support contractor to adjudicate
the claim associated with the proposed care. A network provider
may not be required to use such a program with respect to a referral.
(3) Restrictions
on the use of providers.
The requirements of this paragraph
(n)(3) shall be applicable to health care utilization under TRICARE
Prime, except in cases of emergency care and under point-of-service
option (see paragraph (n)(4) of this section).
(i) Prime enrollees must obtain all primary health
care from the primary care manager or from another provider to which
the enrollee is referred by the primary care manager or otherwise authorized.
(ii) For any necessary
specialty care and non-emergent inpatient care, the primary care
manager or other authorized individual will assist in making an
appropriate referral.
(iii) Though referrals
for specialty care are generally the responsibility of the primary
care managers, subject to discretion exercised by the TRICARE Regional
Directors, and established in regional policy or memoranda of understanding,
specialist providers may be permitted to refer patients for additional specialty
consultation appointment services within the TRICARE contractor’s
network without prior authorization by primary care managers.
(iv) The following
procedures will apply to health care referrals under TRICARE Prime:
(A) The first priority
for referral for specialty care or inpatient care will be to the
local MTF (or to any other MTF in which catchment area the enrollee
resides).
(B) If
the local MTF(s) are unavailable for the services needed, but there
is another MTF at which the needed services can be provided, the
enrollee may be required to obtain the services at that MTF. However,
this requirement will only apply to the extent that the enrollee
was informed at the time of (or prior to) enrollment that mandatory
referrals might be made to the MTF involved for the service involved.
(C) If the needed services
are available within civilian preferred provider network serving
the area, the enrollee may be required to obtain the services from
a provider within the network. Subject to availability, the enrollee
will have the freedom to choose a provider from among those in the
network.
(D) If
the needed services are not available within the civilian preferred
provider network serving the area, the enrollee may be required
to obtain the services from a designated civilian provider outside the
area. However, this requirement will only apply to the extent that
the enrollee was informed at the time of (or prior to) enrollment
that mandatory referrals might be made to the provider involved
for the service involved (with the provider and service either identified
specifically or in connection with some appropriate classification).
(E) In cases in which
the needed health care services cannot be provided pursuant to the
procedures identified in paragraphs (n)(3)(iv)(A) through (D) of
this section, the enrollee will receive authorization to obtain
services from a TRICARE-authorized civilian provider(s) of the enrollee’s
choice not affiliated with the civilian preferred provider network.
(v) When Prime is operating
in noncatchment areas, the requirements in paragraphs (n)(3)(iv)(B) through
(E) of this section shall apply.
(4) Point-of-service
option.
TRICARE
Prime enrollees retain the freedom to obtain services from civilian
providers on a point-of service basis. Any health care services
obtained by a Prime enrollee, but not obtained in accordance with
the rules and procedures of Prime, will be covered by the point-of-service
option. In such cases, all requirements applicable to health benefits
under Sec. 199.4 shall apply, except that there shall be higher
deductible and cost sharing requirements (as set forth in paragraph (l)(1)(iii))
of this section). However, Prime rules may cover such services if
the enrollee did not know and could not reasonably have been expected
to know that the services were not obtained in accordance with the
utilization management rules and procedures of Prime.
(5) Prime travel
benefit.
In accordance
with guidelines issues by the Assistant Secretary of Defense (Health
Affairs), certain travel expenses may be reimbursed when a TRICARE
Prime enrollee is referred by the primary care manager for medically
necessary specialty care more than 100 miles away from the primary
care manager’s office. Such guidelines shall be consistent with
appropriate provisions of generally applicable Department of Defense
rules and procedures governing travel expenses.
(o) TRICARE program enrollment procedures.
There are certain
requirements pertaining to procedures for enrollment in TRICARE
Prime, TRICARE Select, and TRICARE Prime Remote for Active Duty
Family Members. (These procedures do not apply to active duty members,
whose enrollment is mandatory and automatic.)
(1) Annual open season
enrollment.
(i) As a general rule,
enrollment (or a modification to a previous enrollment) must occur
during the open season period prior to the plan year, which is on
a calendar year basis. The open season enrollment period will be
of at least 30 calendar days duration. An enrollment choice will
be applicable for the plan year.
(ii) Open season enrollment
procedures may include automatic reenrollment in the same plan for the
next plan year for enrollees or sponsors that will occur in the
event the enrollee does not take other action during the open season
period.
(2) Exceptions
to the calendar year enrollment process.
The Director will identify certain
qualifying events that may be the basis for a change in enrollment
status during a plan year, such as a change in eligibility status,
marriage, divorce, birth of a new family member, relocation, loss
of other health insurance, or other events. In the case of such
an event, a beneficiary eligible to enroll in a plan may newly enroll,
disenroll, or modify a previous enrollment during the plan year.
Initial payment of the applicable enrollment fee shall be collected
for new enrollments in accordance with established procedures. Any
applicable enrollment fee will be pro-rated. A beneficiary who dis-enrolls
without enrolling at the same time in another plan is not eligible
to enroll in a plan later in the same plan year unlessthere is another
qualifying event. A beneficiary who is dis-enrolled for failure
to pay a required enrollment fee installment is not eligible to
re-enroll in a plan later in the same plan year unless there is another
qualifying event. Generally, the effective date of coverage will
coincide with the date of the qualifying event.
(3) Installment
payments of enrollment fee.
The Director will establish procedures
for installment payments of enrollment fees.
(4) Effect
of failure to enroll.
Beneficiaries eligible to enroll in
Prime or Select and who do not enroll will no longer have coverage
under the TRICARE program until the next annual open season enrollment
or they have a qualifying event, except that they do not lose any
statutory eligibility for space-available care in military medical
treatment facilities. There is a limited grace period exception
to this enrollment requirement for calendar year 2018, as provided
in section 701(d)(3) of the National Defense Authorization Act for
Fiscal Year 2017.
(5) Automatic enrollment
for certain dependents.
Under 10 U.S.C. 1097a, in the case
of dependents of active duty members in the grade of E–1 to E–4,
such dependents who reside in a catchment area of a military treatment
facility shall be enrolled in TRICARE Prime. The Director may provide
for the automatic enrollment in TRICARE Prime for such dependents
of active duty members in the grade of E–5 and higher. In any case
of automatic enrollment under this paragraph (o)(5), the member
will be provided written notice and the automatic enrollment may
be cancelled at the election of the member.
(6) Grace
periods.
The Director
may make provisions for grace periods for enrollment-related actions to
facilitate effective operation of the enrollment program.
(p) Civilian preferred provider networks.
A major feature
of the TRICARE program is the civilian preferred provider network.
(1) Status of network
providers.
Providers in
the preferred provider network are not employees or agents of the
Department of Defense or the United States Government. Although
network providers must follow numerous rules and procedures of the
TRICARE program, on matters of professional judgment and professional
practice, the network provider is independent and not operating
under the direction and control of the Department of Defense.
(2) Utilization
management policies.
Preferred providers are required to
follow the utilization management policies and procedures of the
TRICARE program. These policies and procedures are part of discretionary
judgments by the Department of Defense regarding the methods of
delivering and financing health care services that will best achieve
health and economic policy objectives.
(3) Quality
assurance requirements.
A
number of quality assurance requirements and procedures are applicable
to preferred network providers. These are for the purpose of assuring
that the health care services paid for with government funds meet
the standards called for in the contract and provider agreement.
(4) Provider
qualifications.
All
preferred providers must meet the following qualifications:
(i) They must be TRICARE-authorized
providers and TRICARE-participating providers. In addition, a network
provider may not require payment from the beneficiary for any excluded
or excludable services that the beneficiary received from the network
provider (i.e., the beneficiary will be held harmless) except as
follows:
(A) If the beneficiary did not inform the provider
that he or she was a TRICARE beneficiary, the provider may bill
the beneficiary for services provided.
(B) If the beneficiary was informed in writing that
the specific services were excluded or excludable from TRICARE coverage
and the beneficiary agreed in writing, in advance of the services
being provided, to pay for the services, the provider may bill the
beneficiary.
(ii) All physicians
in the preferred provider network must have staff privileges in
a hospital accredited by The Joint Commission (TJC) or other accrediting
body determined by the Director. This requirement may be waived
in any case in which a physician’s practice does not include the
need for admitting privileges in such a hospital, or in locations
where no accredited facility exists. However, in any case in which
the requirement is waived, the physician must comply with alternative
qualification standards as are established by the Director.
(iii) All preferred
providers must agree to follow all quality assurance, utilization
management, and patient referral procedures established pursuant
to this section, to make available to designated DoD utilization
management or quality monitoring contractors medical records and
other pertinent records, and to authorize the release of information
to MTF Commanders regarding such quality assurance and utilization
management activities.
(iv) All preferred
network providers must be Medicare participating providers, unless
this requirement is waived based on extraordinary circumstances.
This requirement that a provider be a Medicare participating provider
does not apply to providers not eligible to be participating providers under
Medicare.
(v) The network provider
must be available to all TRICARE beneficiaries.
(vi) The
provider must agree to accept the same payment rates negotiated
for Prime enrollees for any person whose care is reimbursable by
the Department of Defense, including, for example, Select participants,
supplemental care cases, and beneficiaries from outside the area.
(vii) All preferred
providers must meet all other qualification requirements, and agree
to comply with all other rules and procedures established for the
preferred provider network.
(viii) In
locations where TRICARE Prime is not available, a TRICARE provider
network will, to the extent practicable, be available for TRICARE
Select enrollees. In these locations, the minimal requirements for network
participation are those set forth in paragraph (p)(4)(i) of this
section. Other requirements of this paragraph (p) will apply unless
waived by the Director.
(5) Access standards.
Preferred
provider networks will have attributes of size, composition, mix
of providers and geographical distribution so that the networks,
coupled with the MTF capabilities (when applicable), can adequately
address the health care needs of the enrollees. In the event that
a Prime enrollee seeks to obtain from the managed care support contractor
an appointment for care but is not offered an appointment within
the access time standards from a network provider, the enrollee
will be authorized to receive care from a non-network provider without
incurring the additional fees associated with point-of-service care.
The following are the access standards:
(i) Under normal circumstances, enrollee travel
time may not exceed 30 minutes from home to primary care delivery
site unless a longer time is necessary because of the absence of
providers (including providers not part of the network) in the area.
(ii) The wait time
for an appointment for a well-patient visit or a specialty care
referral shall not exceed four weeks; for a routine visit, the wait
time for an appointment shall not exceed one week; and for an urgent
care visit the wait time for an appointment shall generally not
exceed 24 hours.
(iii) Emergency
services shall be available and accessible to handle emergencies
(and urgent care visits if not available from other primary care
providers pursuant to paragraph (p)(5)(ii) of this section), within
the service area 24 hours a day, seven days a week.
(iv) The network shall
include a sufficient number and mix of board certified specialists
to meet reasonably the anticipated needs of enrollees. Travel time
for specialty care shall not exceed one hour under normal circumstances,
unless a longer time is necessary because of the absence of providers (including
providers not part of the network) in the area. This requirement
does not apply under the Specialized Treatment Services Program.
(v) Office waiting
times in nonemergency circumstances shall not exceed 30 minutes,
except when emergency care is being provided to patients, and the
normal schedule is disrupted.
(6) Special
reimbursement methods for network providers.
The Director, may establish, for preferred provider
networks, reimbursement rates and methods different from those established
pursuant to Sec. 199.14. Such provisions may be expressed in terms
of percentage discounts off CHAMPUS allowable amounts, or in other
terms. In circumstances in which payments are based on hospital-specific
rates (or other rates specific to particular institutional providers),
special reimbursement methods may permit payments based on discounts
off national or regional prevailing payment levels, even if higher
than particular institution specific payment rates.
(q) Preferred provider network establishment.
(1) The any qualified
provider method may be used to establish a civilian preferred provider
network. Under this method, any TRICARE-authorized provider that
meets the qualification standards established by the Director, or
designee, may become a part of the preferred provider network. Such
standards must be publicly announced and uniformly applied. Also
under this method, any provider who meets all applicable qualification
standards may not be excluded from the preferred provider network.
Qualifications include:
(i) The provider must
meet all applicable requirements in paragraph (p)(4) of this section.
(ii) The provider must agree to follow all quality
assurance and utilization management procedures established pursuant
to this section.
(iii) The provider
must be a participating provider under TRICARE for all claims.
(iv) The provider must meet all other qualification
requirements, and agree to all other rules and procedures, that
are established, publicly announced, and uniformly applies by the
Director (or other authorized official).
(v) The provider must
sign a preferred provider network agreement covering all applicable requirements.
Such agreements will be for a duration of one year, are renewable,
and may be canceled by the provider or the Director (or other authorized
official) upon appropriate notice to the other party. The Director
shall establish an agreement model or other guidelines to promote
uniformity in the agreements.
(2) In addition to the above requirements, the Director,
or designee, may establish additional categories of preferred providers
of high quality/high value that require additional qualifications.
(r) General fraud, abuse, and conflict of interest
requirements under TRICARE program.
All fraud, abuse, and conflict of interest
requirements for the basic CHAMPUS program, as set forth in this part
(see especially applicable provisions of Sec. 199.9) are applicable
to the TRICARE program.
(s) [Reserved]
(t) Inclusion of Department of Veterans Affairs
Medical Centers in TRICARE networks.
TRICARE preferred provider networks may
include Department of Veterans Affairs health facilities pursuant
to arrangements, made with the approval of the Assistant Secretary
of Defense (Health Affairs), between those centers and the Director,
or designated TRICARE contractor.
(u)
Care
provided outside the United States.
The TRICARE program is not automatically implemented
in all respects outside the United States. This paragraph (u) sets
forth the provisions of this section applicable to care received
outside the United States under the following TRICARE health plans.
(1) TRICARE Prime.
The Director
may, in conjunction with implementation of the TRICARE program, authorize
a special Prime program for command sponsored dependents of active
duty members who accompany the members in their assignments in foreign
countries. Under this special program, a preferred provider network
may be established through contracts or agreements with selected
health care providers. Under the network, Prime covered services
will be provided to the enrolled covered dependents subject to applicable
Prime deductibles, copayments, and point-of-service charges. To
the extent practicable, rules and procedures applicable to TRICARE
Prime under this section shall apply unless specific exemptions
are granted in writing by the Director. The use of this authority
by the Director for any particular geographical area will be published
on the primary publicly available Internet Web site of the Department
and on the publicly available Internet Web site of the managed care
support contractor that has established the provider network under
the TRICARE program. Published information will include a description
of the preferred provider network program and other pertinent information.
The Director shall also issue policies, instructions, and guidelines
necessary to implement this special program.
(2) TRICARE Select.
The TRICARE
Select option shall be available outside the United States except that
a preferred provider network of providers shall only be established
in areas where the Director determines that it is economically in
the best interest of the Department of Defense. In such a case,
the Director shall establish a preferred provider network through
contracts or agreements with selected health care providers for
eligible beneficiaries to receive covered benefits subject to the
enrollment and cost-sharing amounts applicable to the specific category
of beneficiary. When an eligible beneficiary, other than a TRICARE
for Life beneficiary, receives covered services from an authorized
TRICARE non-network provider, including in areas where a preferred
provider network has not been established by the Director, the beneficiary
shall be subject to cost-sharing amounts applicable to out-of-network care.
To the extent practicable, rules and procedures applicable to TRICARE
Select under this section shall apply unless specific exemptions
are granted in writing by the Director. The use of this authority by
the Director to establish a TRICARE preferred provider network for
any particular geographical area will be published on the primary
publicly available Internet Web site of the Department and on the publicly
available Internet Web site of the managed care support contractor
that has established the provider network under the TRICARE program.
Published information will include a description of the preferred
provider network program and other pertinent information. The Director
shall also issue policies, instructions, and guidelines necessary
to implement this special program.
(3) TRICARE for Life.
The TRICARE
for Life (TFL) option shall be available outside the United States. Eligible
TFL beneficiaries may receive covered services and supplies authorized
under Sec. 199.4, subject to the applicable catastrophic cap, deductibles
and costshares under Sec. 199.4, whether received from a network
provider or any authorized TRICARE provider not in a preferred provider network.
However, if a TFL beneficiary receives covered services from a PPN
provider, the beneficiary’s out-of-pocket costs will generally be
lower.
(v) Administration of the TRICARE program in the
state of Alaska.
In view of the unique geographical
and environmental characteristics impacting the delivery of health
care in the state of Alaska, administration of the TRICARE program
in the state of Alaska will not include financial underwriting of
the delivery of health care by a TRICARE contractor. All other provisions
of this section shall apply to administration of the TRICARE program
in the state of Alaska as they apply to the other 49 states and
the District of Columbia.
(w) Administrative procedures.
The Assistant Secretary of Defense (Health
Affairs), the Director, and MTF Commanders (or other authorized
officials) are authorized to establish administrative requirements
and procedures, consistent with this section, this part, and other
applicable DoD Directives or Instructions, for the implementation
and operation of the TRICARE program.
[60
FR 52095, Oct 5, 1995, as amended at 63 FR 9142, Feb 24, 1998; 63
FR 48447, Sep 10, 1998; 64 FR 13913, Mar 23, 1999; 65 FR 39805,
Jun 28, 2000; 65 FR 45425, Jul 21, 2000; 66 FR 9655, Feb 9, 2001;
66 FR 40608, Aug 3, 2001; 67 FR 5479, Feb 6, 2002; 67 FR 6409, Feb
12, 2002; 68 FR 23033, Apr 30, 2003; 68 FR 32363, May 30, 2003;
68 FR 44883, Jul 31, 2003; 68 FR 44881, Jul 31, 2003; 70 FR 19266,
Apr 13, 2005; 71 FR 50349, Aug 25, 2006; 72 FR 2448, Jan 19, 2007;
73 FR 30478, May 28, 2008; 75 FR 47713, Aug 9, 2010; 75 FR 50884,
Aug 18, 2010; 76 FR 81370, Dec 28, 2011; 82 FR 45448, Sep 29, 2017;
84 FR 4333, Feb 15, 2019; 85 FR 27927, May 12, 2020]