Page:United States Statutes at Large Volume 117.djvu/1550

 PUBLIC LAW 108–136—NOV. 24, 2003

117 STAT. 1531

(b) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply to members of the uniformed services who are not otherwise covered by section 1078a of title 10, United States Code, before the date of the enactment of this Act and who, on or after such date, first meet the eligibility criteria specified in subsection (b) of that section.

Applicability. 10 USC 1078a note.

SEC. 714. AUTHORITY FOR DESIGNATED PROVIDERS TO ENROLL COVERED BENEFICIARIES WITH OTHER PRIMARY HEALTH INSURANCE COVERAGE.

Subsection (d) of section 724 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 10 U.S.C. 1073 note) is amended to read as follows: ‘‘(d) ADDITIONAL ENROLLMENT AUTHORITY.—(1) Subject to paragraph (2), other covered beneficiaries may also receive health care services from a designated provider. ‘‘(2)(A) The designated provider may market such services to, and enroll, covered beneficiaries who— ‘‘(i) subject to the limitation in subparagraph (B), have other primary health insurance coverage (other than Medicare coverage) covering basic primary care and inpatient and outpatient services; or ‘‘(ii) are enrolled in the direct care system under the TRICARE program, regardless of whether the covered beneficiaries were users of the health care delivery system of the uniformed services in prior years. ‘‘(B) For each fiscal year beginning after September 30, 2003, the number of covered beneficiaries who are newly enrolled by a designated provider pursuant to subparagraph (A)(i) may not exceed 10 percent of the excess (if any) of— ‘‘(i) the number of enrollees in managed care plans offered by designated providers as of the first day of such fiscal year; over ‘‘(ii) the number of such enrollees as of the first day of the immediately preceding fiscal year. ‘‘(3) For purposes of this subsection, a covered beneficiary who has other primary health insurance coverage includes any covered beneficiary who has primary health insurance coverage— ‘‘(A) on the date of enrollment with a designated provider pursuant to paragraph (2)(A)(i); or ‘‘(B) on such date of enrollment and during the period after such date while the beneficiary is enrolled with the designated provider.’’.

Subtitle C—Planning, Programming, and Management SEC. 721. PERMANENT EXTENSION OF AUTHORITY TO ENTER INTO PERSONAL SERVICES CONTRACTS FOR THE PERFORMANCE OF HEALTH CARE RESPONSIBILITIES AT LOCATIONS OTHER THAN MILITARY MEDICAL TREATMENT FACILITIES.

Section 1091(a)(2) of title 10, United States Code, is amended by striking ‘‘The Secretary may not enter into a contract under this paragraph after December 31, 2003.’’.

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