---
kind: "section"
citation: "10 U.S.C. § 1079c"
title: "10"
title_heading: "Armed Forces"
number: "1079c"
heading: "Provisional coverage for emerging services and supplies"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/1079c"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 55 — Medical and Dental Care"
---

# §1079c. Provisional coverage for emerging services and supplies

- (a) **Provisional Coverage.—** In carrying out the [TRICARE program](/usc/10/1072.md?p=7), including pursuant to [section 1079(a)(12) of this title](/usc/10/1079.md?p=a-12), the [Secretary](/usc/10/4951.md?p=3) of Defense, acting through the Assistant [Secretary](/usc/10/4951.md?p=3) of Defense for Health Affairs, may provide provisional coverage for the provision of a service or supply if the [Secretary](/usc/10/4951.md?p=3) determines that such service or supply is widely recognized in the [United States](/usc/10/101.md?p=a-1) as being safe and effective.
- (b) **Consideration of Evidence.—** In making a determination under [subsection (a)](#a), the [Secretary](/usc/10/4951.md?p=3) may consider—
  - (1) clinical trials published in refereed medical literature;
  - (2) formal technology assessments;
  - (3) the positions of national medical policy organizations;
  - (4) national professional associations;
  - (5) national expert opinion organizations; and
  - (6) such other validated evidence as the [Secretary](/usc/10/4951.md?p=3) considers appropriate.
- (c) **Independent Evaluation.—** In making a determination under [subsection (a)](#a), the [Secretary](/usc/10/4951.md?p=3) may arrange for an evaluation from the Institute of Medicine of the National Academies or such other independent entity as the [Secretary](/usc/10/4951.md?p=3) selects.
- (d) **Duration and Terms of Coverage.—**
  - (1) Provisional coverage under [subsection (a)](#a) for a service or supply may be in effect for not longer than a total of five years.
  - (2) Prior to the expiration of provisional coverage of a service or supply, the [Secretary](/usc/10/4951.md?p=3) shall determine the coverage, if any, that will follow such provisional coverage and take appropriate action to implement such determination. If the [Secretary](/usc/10/4951.md?p=3) determines that the implementation of such determination regarding coverage requires legislative action, the [Secretary](/usc/10/4951.md?p=3) shall make a timely recommendation to Congress regarding such legislative action.
  - (3) The [Secretary](/usc/10/4951.md?p=3), at any time, may—
    - (A) terminate the provisional coverage under [subsection (a)](#a) of a service or supply, regardless of whether such termination is before the end of the period described in [paragraph (1)](#d-1);
    - (B) establish or disestablish terms and conditions for such coverage; or
    - (C) take any other action with respect to such coverage.
- (e) **Public Notice.—** The [Secretary](/usc/10/4951.md?p=3) shall promptly publish on a publicly accessible Internet website of the [TRICARE program](/usc/10/1072.md?p=7) a notice for each service or supply that receives provisional coverage under [subsection (a)](#a), including any terms and conditions for such coverage.
- (f) **Finality of Determinations.—** Any determination to approve or disapprove a service or supply under [subsection (a)](#a) and any action made under [subsection (d)(3)](#d-3) shall be final.

## Source credit

(Added Pub. L. 113–291, div. A, title VII, § 704(a), Dec. 19, 2014, 128 Stat. 3412.)