---
kind: "section"
citation: "10 U.S.C. § 1095g"
title: "10"
title_heading: "Armed Forces"
number: "1095g"
heading: "TRICARE program: waiver of recoupment of erroneous payments caused by administrative error"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/1095g"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 55 — Medical and Dental Care"
---

# §1095g. TRICARE program: waiver of recoupment of erroneous payments caused by administrative error

- (a) **Waiver of Recoupment.—** The [Secretary](/usc/10/4951.md?p=3) 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](/usc/10/101.md?p=a-6) of Defense or a contractor under the [TRICARE program](/usc/10/1072.md?p=7).
  - (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](/usc/10/4951.md?p=3) determines that a waiver of recoupment of such payment is necessary to prevent an injustice.
- (b) **Responsibility of Contractor.—** In any case in which the [Secretary](/usc/10/4951.md?p=3) waives recoupment under [subsection (a)](#a) and the administrative error was on the part of a contractor under the [TRICARE program](/usc/10/1072.md?p=7), the [Secretary](/usc/10/4951.md?p=3) shall, consistent with the requirements and procedures of the applicable contract, impose financial responsibility on the contractor for the erroneous payment.
- (c) **Finality of Determinations.—** Any determination by the [Secretary](/usc/10/4951.md?p=3) under this section to waive or decline to waive recoupment under [subsection (a)](#a) is a final determination and shall not be subject to appeal or judicial review.

## Source credit

(Added Pub. L. 114–92, div. A, title VII, § 711(a), Nov. 25, 2015, 129 Stat. 864.)