12 2 STA T . 1 8 8 PUBLIC LA W 11 0– 181 —J A N .28 , 2008 (c)PREMIU M SUND ER TRICA R E C OV ER AG E F OR CER T AIN M EM -B ERSINT H E S E L E C TED RESERVE .— S e c tion1076d (d)( 3 )o fsu c h tit l e is am ended by st r i k in g‘ ‘Se p tember 30 ,2 007 ’ ’ and inserting ‘‘Sep- tember 30, 200 8 ’’. SEC.702 . T E MPORA R Y PRO HIB ITIO N ON INCREASE IN COPAYMENTS U N D ER RETAI L PHARMACY SYSTEM O F PHARMACY BENE - FITS PRO G RAM. D uring the period beginning on O ctober 1, 2007, and ending on September 30, 2008, the cost sharing re q uirements established under paragraph (6) of section 107 4 g(a) of title 10, United States Code, for pharmaceutical agents a v ailable through retail phar- macies covered by paragraph (2)(E)(ii) of such section may not e x ceed amounts as follo w s
(1) In the case of generic agents, $ 3. (2) In the case of formulary agents, $ 9 . (3) In the case of nonformulary agents, $22. SEC. 70 3 . INCLUSION OF TRICARE RETAIL PHARMACY PROGRAM IN FEDERAL PROCUREMENT OF PHARMACEUTICALS. (a) IN G ENERAL.—Section 1074g of title 10, United States Code, is amended— (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively
and (2) by inserting after subsection (e) the following new sub- section (f): ‘‘(f) PROCUREMENT OF PHARMACEUTICALS B Y TRICARE RETAIL PHARMACY PROGRAM.— W ith respect to any prescription filled on or after the date of the enactment of the N ational Defense Authori z ation Act for F iscal Y ear 2008, the TRICARE retail phar- macy program shall be treated as an element of the Department of Defense for purposes of the procurement of drugs by Federal agencies under section 8126 of title 38 to the extent necessary to ensure that pharmaceuticals paid for by the Department of Defense that are provided by pharmacies under the program to eligible covered beneficiaries under this section are sub j ect to the pricing standards in such section 8126.’’. (b) REGULATIONS.—The Secretary of Defense shall, after con- sultation with the other administering Secretaries under chapter 5 5 of title 10, United States Code, modify the regulations under subsection (h) of section 1074g of title 10, United States Code (as redesignated by subsection (a)(1) of this section), to implement the requirements of subsection (f) of section 1074g of title 10, United States Code (as amended by subsection (a)(2) of this section). The Secretary shall so modify such regulations not later than December 31, 2007. SEC. 70 4 . STIPEND FOR MEMBERS OF RESER V E COMPONENTS FOR HEALTH CARE FOR CERTAIN DEPENDENTS. The Secretary of Defense may, pursuant to regulations pre- scribed by the Secretary, pay a stipend to a member of a reserve component of the Armed Forces who is called or ordered to active duty for a period of more than 30 days for purposes of maintaining civilian health care coverage for a dependant whom the Secretary determines to possess a special health care need that would be best met by remaining in the member’s civilian health plan. In making such determination, the Secretary shall consider whether— Regulations.10USC 10 76 note. D ea d line. 10 USC 107 4 g note.
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