---
kind: "section"
citation: "10 U.S.C. § 1098"
title: "10"
title_heading: "Armed Forces"
number: "1098"
heading: "Incentives for participation in cost-effective health care plans"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/1098"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 55 — Medical and Dental Care"
---

# §1098. Incentives for participation in cost-effective health care plans

- (a) **Waiver of Limitations and Copayments.—** Subject to [subsection (b)](#b), the [Secretary](/usc/10/4951.md?p=3) of Defense, with respect to any plan contracted for under the authority of section [1079](/usc/10/1079.md) or [1086](/usc/10/1086.md) of this title, may waive, in whole or in part—
  - (1) any limitation set out in the second sentence of [section 1079(a) of this title](/usc/10/1079.md?p=a); or
  - (2) any requirement for payment by the patient under section [1079(b)](/usc/10/1079.md?p=b) or [1086(b)](/usc/10/1086.md?p=b) of this title.
- (b) **Determination and Report.—**
  - (1) Subject to [paragraph (3)](#b-3), the [Secretary](/usc/10/4951.md?p=3) may waive a limitation or requirement as authorized by [subsection (a)](#a) if the [Secretary](/usc/10/4951.md?p=3) determines that during the period of the waiver such a plan will—
    - (A) be less costly to the Government than a plan subject to such limitations or payment requirements; or
    - (B) provide better services than those provided by a plan subject to such limitations or payment requirements at no additional cost to the Government.
  - (2) The [Secretary](/usc/10/4951.md?p=3) shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report with respect to a waiver under [paragraph (1)](#b-1), including a comparison of costs of and benefits available under—
    - (A) a plan with respect to which the limitations and payment requirements are waived; and
    - (B) a plan with respect to which there is no such waiver.
  - (3) A waiver under [paragraph (1)](#b-1) may not take effect until the end of the 180-day period beginning on the date on which the [Secretary](/usc/10/4951.md?p=3) submits the report required by [paragraph (2)](#b-2) with respect to such waiver.

## Source credit

(Added Pub. L. 99–661, div. A, title VII, § 701(a)(1), Nov. 14, 1986, 100 Stat. 3895; amended Pub. L. 101–510, div. A, title XIV, § 1484(h)(1), Nov. 5, 1990, 104 Stat. 1717; Pub. L. 104–106, div. A, title XV, § 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774.)

## Notes

### Editorial Notes

### Amendments

1999—Subsec. (b)(2). Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”.

1996—Subsec. (b)(2). Pub. L. 104–106 substituted “Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives” for “Committees on Armed Services of the Senate and House of Representatives”.

1990—Subsec. (a). Pub. L. 101–510 substituted “subsection (b)” for “subsections (b) and (c)” in introductory provisions.