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DOD/DODOASHA RIN: 0720-AB17 Publication ID: Spring 2009 
Title: TRICARE: Relationship Between the TRICARE Program and Employer-Sponsored Group Health Coverage 
Abstract: This rule implements section 1097c of title 10, United States Code. This law prohibits employers from offering incentives to TRICARE-eligible employees to not enroll, or to terminate enrollment, in an employer-offered Group Health Plan (GHP) that is or would be primary to TRICARE. Cafeteria plans that comport with section 125 of the Internal Revenue Code will be permissible so long as the plan treats all employees the same and does not illegally take TRICARE eligibility into account. 
Agency: Department of Defense(DOD)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: No 
CFR Citation: 32 CFR 199   
Legal Authority: 5 USC 301    10 USC ch 55   
Legal Deadline:
Action Source Description Date
Other  Statutory  .  01/08/2008 

Overall Description of Deadline: John Warner National Defense Authorization Act for Fiscal Year 2007 directed the Secretary of Defense to report to the House and Senate Armed Services committees on the treatment of cafeteria plans and non-TRICARE exclusive employer-provided incentives under the Department's implementation of section 707 of the Act regarding employer-sponsored group health care plans.

Timetable:
Action Date FR Cite
NPRM  03/28/2008  73 FR 16612   
NPRM Comment Period End  05/27/2008    
Final Action  10/00/2009    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Jody Donehoo
Department of Defense
Office of Assistant Secretary for Health Affairs
1200 Defense Pentagon,
Washington, DC 20301
Phone:703 681-0039