Page:United States Statutes at Large Volume 106 Part 3.djvu/644

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106 STAT. 2438 PUBLIC LAW 102-484—OCT. 23, 1992 beneficiaries not enrolled in the program are permitted to choose health care providers without prior referral or approval. (e) PROHiBinON ON ExcLUSiONS.- -Subject to the availability of space and facilities and the capabilities of the medical or dental Stan, the Secretary of Defense may not deny access to military treatment facilities to covered beneficiaries who do not enroll in the Coordinated Care Program. However, the Secretary may establish reasonable admission preferences for covered beneficiaries enrolled in the program as an incentive to encourage enrollment. (f) DEFINITIONS.—For purposes of this section: (1) The term "CHAMPUS" means the Civilian Health and Medical Program of the Uniformed Services, as defined in paragraph (4) of section 1072 of title 10, United States Code. (2) The term "covered beneficiary^ has the meaning given that term in paragraph (5) of such section. (3) The term 'Tolicy Guidelines on the Department of Defense Coordinated Care Program" means the Policy Guidelines on the Department of Defense Coordinated Care Program that were issued by the Assistfuit Secretary of Defense for Health Affairs on January 8, 1992. SEC. 716. EXCEPTION FROM FEDERAL ACQUISITION REGULATION FOR MANAGED-CARE DELIVERY AND REIMBURSEMENT MODEL. Section 718(c) of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1587) is amended by adding at the end the following new sentence: "A participation agreement negotiated between a Uniformed Services Treatment Facility and the Secretary of Defense under this subsection shall not be subject to the Federal Acquisition Regulation issued pursuant to section 25(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 421(c)).' '. Subtitle C—Other Matters 10 USC 1079 SEC. 721. CORRECTION OF OMISSION IN DELAY OF INCREASE OF iiote CHAMPUS DEDUCTIBLES RELATED TO OPERATION DESERT STORM. (a) LOWER CHAMPUS ANNUAL DEDUCTIBLE.—In the case of health care provided under section 1079 or 1086 of title 10, United States Code, during the period beginning on April 1, 1991, and ending on September 30, 1991, to a CHAMPUS beneficiary described in subsection (b), the annual deductibles specified in such sections applicable to that care may not exceed ^e annual deductibles in enect under such sections on November 4, 1990. (b) ELIGIBLE CHAMPUS BENEFICIARIES.—A CHAMPUS beneficiary referred to in subsection (a) is a covered beneficiary of the Civilian Health and Medical Program of the Uniformed Services who, during any portion of the period specified in that subsection— (1) was a member or former member of a uniformed service entitled to retired or retainer pay and served on active duty in the Persian Gulf theater of^ operations in connection with Operation Desert Storm; or (2) was a dependent of a member of a uniformed service who served on active duty in the Persian Gulf theater of operations in connection with Operation Desert Storm.