Title 10 — Armed ForcesRelease 119-73

§1079c Provisional coverage for emerging services and supplies

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 55— - MEDICAL AND DENTAL CARE › § 1079c

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Defense, through the Assistant Secretary for Health Affairs, can give temporary TRICARE coverage for a medical service or supply if it is widely accepted in the United States as safe and effective. In deciding, the Secretary can look at clinical trials, technology reviews, the views of national medical groups and experts, and other reliable evidence. The Secretary can also ask the Institute of Medicine of the National Academies or another independent group to review the item. Temporary coverage can last up to five years. Before it ends, the Secretary must decide what coverage will follow and put that decision into action, and recommend any needed laws to Congress. The Secretary may end, change, or set conditions for the temporary coverage at any time. Notices about each provisional coverage and its rules must be posted on the TRICARE website. All these decisions are final.

Full Legal Text

Title 10, §1079c

Armed Forces — Source: USLM XML via OLRC

(a)In carrying out the TRICARE program, including pursuant to section 1079(a)(12) of this title, the Secretary of Defense, acting through the Assistant Secretary of Defense for Health Affairs, may provide provisional coverage for the provision of a service or supply if the Secretary determines that such service or supply is widely recognized in the United States as being safe and effective.

(b)In making a determination under subsection (a), the Secretary may consider—

(1)clinical trials published in refereed medical literature;

(2)formal technology assessments;

(3)the positions of national medical policy organizations;

(4)national professional associations;

(5)national expert opinion organizations; and

(6)such other validated evidence as the Secretary considers appropriate.

(c)In making a determination under subsection (a), the Secretary may arrange for an evaluation from the Institute of Medicine of the National Academies or such other independent entity as the Secretary selects.

(d)(1)Provisional coverage under subsection (a) for a service or supply may be in effect for not longer than a total of five years.

(2)Prior to the expiration of provisional coverage of a service or supply, the Secretary shall determine the coverage, if any, that will follow such provisional coverage and take appropriate action to implement such determination. If the Secretary determines that the implementation of such determination regarding coverage requires legislative action, the Secretary shall make a timely recommendation to Congress regarding such legislative action.

(3)The Secretary, at any time, may—

(A)terminate the provisional coverage under subsection (a) of a service or supply, regardless of whether such termination is before the end of the period described in paragraph (1);

(B)establish or disestablish terms and conditions for such coverage; or

(C)take any other action with respect to such coverage.

(e)The Secretary shall promptly publish on a publicly accessible Internet website of the TRICARE program a notice for each service or supply that receives provisional coverage under subsection (a), including any terms and conditions for such coverage.

(f)Any determination to approve or disapprove a service or supply under subsection (a) and any action made under subsection (d)(3) shall be final.

Reference

Citations & Metadata

Citation

10 U.S.C. § 1079c

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73