Page:United States Statutes at Large Volume 114 Part 3.djvu/226

 114 STAT. 1654A-184 PUBLIC LAW 106-398 —APPENDIX "§ 1117. Investment of assets of Fund "The Secretary of the Treasury shall invest such portion of the Fund as is not in the judgment of the Secretary of Defense required to meet current withdrawals. Such investments shall be in public debt securities with maturities suitable to the needs of the Fund, as determined by the Secretary of Defense, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities. The income on such investments shall be credited to and form a part of the Fund.". (2) The tables of chapters at the beginning of subtitle A, and at the beginning of part II of subtitle A, of title 10, United States Code, are amended by inserting after the item relating to chapter 55 the following new item: "56. Department of Defense Medicare-Eligible Retiree Health Care Fund 1111. ". (b) DELAYED EFFECTIVE DATES FOR CERTAIN PROVISIONS. —(1) Sections 1113 and 1116 of title 10, United States Code (as added by subsection (a)), shall take effect on October 1, 2002. (2) Section 1115 of such title (as added by such subsection) shall take effect on October 1, 2001. Subtitle C—TRICARE Program SEC. 721. IMPROVEMENT OF ACCESS TO HEALTH CARE UNDER THE TRICARE PROGRAM. (a) WAIVER OF NONAVAILABILITY STATEMENT OR PREAUTHORIZATION.— In the case of a covered beneficiary under chapter 55 of title 10, United States Code, who is enrolled in TRICARE Standard, the Secretary of Defense may not require with regard to authorized health care services (other than mental health services) under any new contract for the provision of health care services under such chapter that the beneficiary— (1) obtain a nonavailability statement or preauthorization from a military medical treatment facility in order to receive the services from a civilian provider; or (2) obtain a nonavailability statement for care in specialized treatment facilities outside the 200-mile radius of a military medical treatment facility. (b) NOTICE. —The Secretary may require that the covered beneficiary inform the primary care manager of the beneficiary of any health care received from a civilian provider or in a specialized treatment facility. (c) EXCEPTIONS. —Subsection (a) shall not apply if— (1) the Secretary demonstrates significant costs would be avoided by performing specific procedures at the affected military medical treatment facilities; (2) the Secretary determines that a specific procedure must be provided at the affected military medical treatment facility to ensure the proficiency levels of the practitioners at the facility; or (3) the lack of nonavailability statement data would significantly interfere with TRICARE contract administration. (d) EFFECTIVE DATE. —Th is section shall take effect on October 1, 2001.

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