108 STAT. 2812 PUBLIC LAW 103-337 —OCT. 5, 1994 (b) WAIVER.— The Secretary of Defense may waive the applicability of subsection (a) for a fiscal year if the Secretary determines that the waiver is necessary for medical reasons and notifies Congress of the reasons for the waiver. SEC. 735. REPORT ON EXPANDED USE OF NONAVAILABILITY OF HEALTH CARE STATEMENTS. (a) REPORT REQUIRED.— Not later than December 31, 1994, the Secretary of Defense shall submit to Congress a report describing the plans (if any) of the Department of Defense to use the authority provided in sections 1080(b) and 1086(e) of title 10, United States Code, for making determinations whether or not to issue a nonavailability of health care statement. The report shall include an analysis of the effects of such plans on— (1) the freedom of choice of covered beneficiaries in selecting health care providers; (2) the access of covered beneficiaries to health care services; (3) the quality and continuity of health care services; (4) the clarity and understandability of the applicable requirements regarding issuance nonavailability of health care statements; and (5) the health care costs incurred by the Federal Government and covered beneficiaries. (b) USE OF AUTHORITY. — During the period beginning on the date of the enactment of this Act and ending 90 days after the date on which the Secretary submits the report required by subsection (a), the Secretary may not— (1) expand the number or size of the geographical areas in which the Secretary is currently using the authority provided by sections 1080(b) and 1086(e) of title 10, United States Code; or (2) implement or use such authority in a manner inconsistent with the manner in which such authority was implemented or used as of February 1, 1994. SEC. 736. COST ANALYSIS OF TIDEWATER TRICARE DELIVERY OF PEDI- ATRIC HEALTH CARE TO MILITARY FAMILIES. (a) COST ANALYSIS REQUIRED. —Not later than October 1, 1995, the Assistant Secretary of Defense (Health Affairs) shall determine the amount of the expenditures made by the Department of Defense for pediatric care for each of fiscal years 1992, 1993, and 1994 under the program for delivery of health care services in the Tidewater region of Virginia carried out pursuant to section 712(b) of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1402). The Assistant Secretary shall determine the total amount of such expenditures and the amount of such expenditures for each case. Virginia. (b) USE OF ANALYSIS. — In evaluating changes to the pediatric care furnished by the Department of Defense (including that pediatric care furnished under the Civilian Health and Medical Program of the Uniformed Services) in the Tidewater region of Virginia, the Assistant Secretary may consider the amounts determined under subsection (a) in determining the appropriate stsindards, limitations, and requirements to apply to the cost of pediatric care under the system.
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