10 USC § 1095g - TRICARE program: waiver of recoupment of erroneous payments caused by administrative error

---
identifier: "/us/usc/t10/s1095g"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 1095g - TRICARE program: waiver of recoupment of erroneous payments caused by administrative error"
title_number: 10
title_name: "ARMED FORCES"
section_number: "1095g"
section_name: "TRICARE program: waiver of recoupment of erroneous payments caused by administrative error"
chapter_number: 55
chapter_name: "MEDICAL AND DENTAL CARE"
part_number: "II"
part_name: "PERSONNEL"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 114–92, div. A, title VII, § 711(a), Nov. 25, 2015, 129 Stat. 864.)"
---


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

**(a)** **Waiver of Recoupment.—** The Secretary 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 of Defense or a contractor under the TRICARE program.

**(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 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 waives recoupment under subsection (a) and the administrative error was on the part of a contractor under the TRICARE program, the Secretary 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 under this section to waive or decline to waive recoupment under subsection (a) is a final determination and shall not be subject to appeal or judicial review.

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