(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. Payment of TRICARE
premiums and enrollment fees will be withheld from the retired,
retainer or equivalent pay of these beneficiaries in the retired
category to the maximum extent practicable upon complete implementation
of this rule and thereafter. Appropriate processes to require and
manage these allotments, to include frequency and method, as well
as alternatives when allotments are not practicable, shall be determined
by the Director, DHA. An exception may be made for certain survivors
of active duty deceased sponsors and medically retired Uniformed
Services members and their dependents, for which the enrollment
fee and catastrophic cap adjustments shall not apply.
(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
unless there 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; 87 FR 46886, Aug 1, 2022]