Title 10 — Armed ForcesRelease 119-73

§1095g TRICARE program: waiver of recoupment of erroneous payments caused by administrative error

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 55— - MEDICAL AND DENTAL CARE › § 1095g

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Defense can decide not to make someone pay back a TRICARE overpayment when four things are true. The payment happened because of an administrative error by a DoD employee or a TRICARE contractor. The person (or a parent/guardian for a minor) honestly and reasonably believed they had the right to the payment and relied on that belief. The Secretary also must find that making them repay would be unfair. If a contractor caused the mistake, the Secretary must make the contractor cover the cost under the contract rules. The Secretary’s choice to forgive or require repayment is final and cannot be appealed or reviewed by a court.

Full Legal Text

Title 10, §1095g

Armed Forces — Source: USLM XML via OLRC

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

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

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

(3)The individual relied on the expectation of such entitlement.

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

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

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

Reference

Citations & Metadata

Citation

10 U.S.C. § 1095g

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73