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Limitation on ability of Secretary of Defense to modify scope of medical services

Division A · Title VII: Health Care Provisions · Subtitle A: TRICARE and Other Health Benefits

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The Secretary of Defense must provide detailed reports before changing the range of medical services offered at military medical facilities. These reports must include budgets, staffing analyses, recruitment efforts, and evaluations of care options inside and outside military facilities, as well as updates on addressing previous government audit recommendations. These requirements apply to any proposed changes starting January 1, 2026.

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Section Text · Sec. 704.
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(a) Limitation

Section 1073d(f) of title 10, United States Code, is amended—

(1)

in paragraph (1)(A), by striking a notification of and inserting a notification under paragraph (2) and a report under paragraph (3) regarding ; and

(2)

by adding at the end the following new paragraph:

(3)

Each report under paragraph (1) shall contain the following:

(A)

A budget that is consistent with the requirements under this chapter regarding access to medical care and the quality of such care.

(B)

A description of how the Secretary uses enhanced appointment and compensation authorities, including under section 1599c of this title, to recruit and retain civilian employees.

(C)

An analysis of the effects to services at a military medical treatment facility when any medical provider who is a member of the armed forces permanently changes station and the position of such member is not filled (whether by a member, a civilian, or a contractor).

(D)

The number of positions required to fully staff the current military health system, as of the date of the report, and the number of such unfilled positions, including with respect to whether such positions would be filled by a member, a civilian, or a contractor.

(E)

An analysis of the ability of the managed care network to absorb a member or covered beneficiary that cannot be provided care at a military medical treatment facility, including an explanation of the exact elements used in developing a cost analysis between such providing care through such network and such facilities.

(F)

An analysis of the ability of the Defense Health Agency to encourage members and covered beneficiaries to use military medical treatment facilities over the managed care network.

(G)

The status of efforts to close all recommendations by the Comptroller General of the United States contained in the July 2025 report titled Defense Health Care: Information Needed to Improve Monitoring of Military Personnel Staffing at Medical Facilities and numbered GAO-25-106988.

(H)

The status of efforts to close all recommendations by the Comptroller General contained in the April 2025 report titled Defense Healthcare Actions Needed to Address Long-Standing Management Challenges with Medical Facilities and numbered GAO-25-107432.

(I)

The status of efforts to close all recommendations by the Inspector General of the Department of Defense contained in the December 2025 report titled Audit of the Defense Health Agency’s Management of Military Medical Treatment Facilities Outside the Continental United States in Meeting Access to Primary Care Standards and numbered DODIG-2026-025.

(b) Application

The amendments made by subsection (a) shall apply with respect to any modification of the scope of medical care proposed by the Secretary of Defense on or after January 1, 2026, including such proposals submitted by the Under Secretary of Defense for Personnel and Readiness to the Committees on Armed Services of the House of Representatives and the Senate on March 4, 2026.