Title 10, Armed ForcesRelease 119-110

§1095g Tricare Program: Waiver of Recoupment of Erroneous Payments Caused by Administrative Error

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

Last updated Sep 22, 2026|Official source

Summary

The Secretary of Defense can decide not to make someone pay back an incorrect TRICARE payment if the mistake was caused by a DoD worker or a TRICARE contractor, the person (or the parent/guardian for a minor) reasonably believed they were entitled to the payment and relied on that belief, and the Secretary finds that forgiving the repayment is needed to avoid an unfair result. If a contractor caused the error, the contractor must cover the cost under its contract. The Secretary’s decision to forgive or deny repayment is final and cannot be appealed or taken to court.

Full Legal Text

Title 10, §1095g

Armed Forces, Source: USLM XML via OLRC

(a)Waiver of Recoupment.—

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)Responsibility of Contractor.— (c) Finality of Determinations.—

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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 1095g

Title 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110