Fabio
00a184bb3c
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
48 lines
2.5 KiB
Markdown
48 lines
2.5 KiB
Markdown
---
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type: "LegalText"
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title: "10 U.S.C. § 1095g"
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description: "TRICARE program: waiver of recoupment of erroneous payments caused by administrative error"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 10
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title_name: "ARMED FORCES"
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chapter_number: "55"
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chapter_name: "MEDICAL AND DENTAL CARE"
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section: "1095g"
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citation: "10 U.S.C. § 1095g"
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status: "current"
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release_point: "119-100"
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release_date: "2026-06-26"
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source: "official"
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
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source_identifier: "/us/usc/t10/s1095g"
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source_file: "data/legal/raw/us/code/title-10/usc10.xml"
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source_hash: "9cd7339f8125c8e20e673318eb414a26fec557bd40fb826331268debcf5778cd"
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raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
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text_hash: "b1e373c28cdf0479274e6787e1a68b262bc590cfb0af6ff8ed85f793f97aa02e"
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retrieved_at: "2026-07-04"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 10 U.S.C. § 1095g - TRICARE program: waiver of recoupment of erroneous payments caused by administrative error
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## Text
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(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:
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(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.
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(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.
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(3) The individual relied on the expectation of such entitlement.
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(4) The Secretary determines that a waiver of recoupment of such payment is necessary to prevent an injustice.
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(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.
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(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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(Added Pub. L. 114–92, div. A, title VII, § 711(a), Nov. 25, 2015, 129 Stat. 864.)
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