Title 10 — Armed ForcesRelease 119-73not60

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

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

Last updated Apr 3, 2026|Official source

Summary

The Secretary of Defense can choose not to make someone pay back a TRICARE payment that was made by mistake if four things are true. The mistake was caused by a DoD worker or a contractor. The person (or the parent or guardian if the person is a child) honestly and reasonably believed they should receive the payment and relied on that belief. The Secretary decides that forgiving the repayment is needed to avoid unfairness. If a contractor caused the error, the Secretary must hold the contractor responsible for the mistaken payment under the contract’s rules. The Secretary’s decision to forgive or not forgive the payment is final and cannot be appealed or taken to 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 3, 2026

Release point: 119-73not60