Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)
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>
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type: "LegalText"
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title: "10 U.S.C. § 1072"
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description: "Definitions"
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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: "1072"
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citation: "10 U.S.C. § 1072"
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status: "current"
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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. § 1072 - Definitions
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## Text
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In this chapter:
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(1) The term “uniformed services” means the armed forces and the Commissioned Corps of the National Oceanic and Atmospheric Administration and of the Public Health Service.
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(2) The term “dependent”, with respect to a member or former member of a uniformed service, means—
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(A) the spouse;
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(B) the unremarried widow;
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(C) the unremarried widower;
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(D) a child who—
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(i) has not attained the age of 21;
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(ii) has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary and is, or was at the time of the member’s or former member’s death, in fact dependent on the member or former member for over one-half of the child’s support; or
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(iii) is incapable of self-support because of a mental or physical incapacity that occurs while a dependent of a member or former member under clause (i) or (ii) and is, or was at the time of the member’s or former member’s death, in fact dependent on the member or former member for over one-half of the child’s support;
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(E) a parent or parent-in-law who is, or was at the time of the member’s or former member’s death, in fact dependent on him for over one-half of his support and residing in his household;
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(F) the unremarried former spouse of a member or former member who (i) on the date of the final decree of divorce, dissolution, or annulment, had been married to the member or former member for a period of at least 20 years during which period the member or former member performed at least 20 years of service which is creditable in determining that member’s or former member’s eligibility for retired or retainer pay, or equivalent pay, and (ii) does not have medical coverage under an employer-sponsored health plan;
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(G) a person who (i) is the unremarried former spouse of a member or former member who performed at least 20 years of service which is creditable in determining the member or former member’s eligibility for retired or retainer pay, or equivalent pay, and on the date of the final decree of divorce, dissolution, or annulment before April 1, 1985, had been married to the member or former member for a period of at least 20 years, at least 15 of which, but less than 20 of which, were during the period the member or former member performed service creditable in determining the member or former member’s eligibility for retired or retainer pay, and (ii) does not have medical coverage under an employer-sponsored health plan;
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(H) a person who would qualify as a dependent under clause (G) but for the fact that the date of the final decree of divorce, dissolution, or annulment of the person is on or after April 1, 1985, except that the term does not include the person after the end of the one-year period beginning on the date of that final decree; and
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(I) an unmarried person who—
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(i) is placed in the legal custody of the member or former member as a result of an order of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months;
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(ii) either—
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(I) has not attained the age of 21;
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(II) has not attained the age of 23 and is enrolled in a full time course of study at an institution of higher learning approved by the administering Secretary; or
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(III) is incapable of self support because of a mental or physical incapacity that occurred while the person was considered a dependent of the member or former member under this subparagraph pursuant to subclause (I) or (II);
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(iii) is dependent on the member or former member for over one-half of the person’s support;
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(iv) resides with the member or former member unless separated by the necessity of military service or to receive institutional care as a result of disability or incapacitation or under such other circumstances as the administering Secretary may by regulation prescribe; and
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(v) is not a dependent of a member or a former member under any other subparagraph.
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(3) The term “administering Secretaries” means the Secretaries of executive departments specified in section 1073 of this title as having responsibility for administering this chapter.
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(4) The term “Civilian Health and Medical Program of the Uniformed Services” means the program authorized under sections 1079 and 1086 of this title and includes contracts entered into under section 1091 or 1097 of this title and demonstration projects under section 1092 of this title.
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(5) The term “covered beneficiary” means a beneficiary under this chapter other than a beneficiary under section 1074(a) of this title.
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(6) The term “child”, with respect to a member or former member of a uniformed service, means the following:
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(A) An unmarried legitimate child.
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(B) An unmarried adopted child.
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(C) An unmarried stepchild.
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(D) An unmarried person—
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(i) who is placed in the home of the member or former member by a placement agency (recognized by the Secretary of Defense), or by any other source authorized by State or local law to provide adoption placement, in anticipation of the legal adoption of the person by the member or former member; and
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(ii) who otherwise meets the requirements specified in paragraph (2)(D).
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(7) The term “TRICARE program” means the various programs carried out by the Secretary of Defense under this chapter and any other provision of law providing for the furnishing of medical and dental care and health benefits to members and former members of the uniformed services and their dependents, including the following health plan options:
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(A) TRICARE Prime.
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(B) TRICARE Select.
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(C) TRICARE for Life.
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(8) The term “custodial care” means treatment or services, regardless of who recommends such treatment or services or where such treatment or services are provided, that—
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(A) can be rendered safely and reasonably by a person who is not medically skilled; or
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(B) is or are designed mainly to help the patient with the activities of daily living.
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(9) The term “domiciliary care” means care provided to a patient in an institution or homelike environment because—
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(A) providing support for the activities of daily living in the home is not available or is unsuitable; or
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(B) members of the patient’s family are unwilling to provide the care.
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(10) The term “health care” includes mental health care.
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(11) The term “TRICARE Extra” means the preferred-provider option of the TRICARE program made available prior to January 1, 2018, under which TRICARE Standard beneficiaries may obtain discounts on cost sharing as a result of using TRICARE network providers.
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(12) The term “TRICARE Select” means the self-managed, preferred-provider network option under the TRICARE program established by section 1075 of this title.
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(13) The term “TRICARE for Life” means the Medicare wraparound coverage option of the TRICARE program made available to the beneficiary by reason of section 1086(d) of this title.
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(14) The term “TRICARE Prime” means the managed care option of the TRICARE program.
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(15) The term “TRICARE Standard” means the TRICARE program made available prior to January 1, 2018, covering health benefits contracted for under the authority of section 1079(a) or 1086(a) of this title and subject to the same rates and conditions as apply to persons covered under those sections.
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(Added Pub. L. 85–861, § 1(25)(B), Sept. 2, 1958, 72 Stat. 1446; amended Pub. L. 89–614, § 2(1), Sept. 30, 1966, 80 Stat. 862; Pub. L. 89–718, § 8(a), Nov. 2, 1966, 80 Stat. 1117; Pub. L. 96–513, title I, § 115(b), title V, § 511(34)(A), (35), (36), Dec. 12, 1980, 94 Stat. 2877, 2922, 2923; Pub. L. 97–252, title X, § 1004(a), Sept. 8, 1982, 96 Stat. 737; Pub. L. 98–525, title VI, § 645(a), Oct. 19, 1984, 98 Stat. 2548; Pub. L. 98–557, § 19(1), Oct. 30, 1984, 98 Stat. 2869; Pub. L. 99–661, div. A, title VII, § 701(b), Nov. 14, 1986, 100 Stat. 3898; Pub. L. 101–189, div. A, title VII, § 731(a), Nov. 29, 1989, 103 Stat. 1481; Pub. L. 102–484, div. A, title VII, § 706, Oct. 23, 1992, 106 Stat. 2433; Pub. L. 103–160, div. A, title VII, § 702(a), Nov. 30, 1993, 107 Stat. 1686; Pub. L. 103–337, div. A, title VII, § 701(a), Oct. 5, 1994, 108 Stat. 2797; Pub. L. 105–85, div. A, title VII, § 711, Nov. 18, 1997, 111 Stat. 1808; Pub. L. 107–107, div. A, title VII, § 701(c), Dec. 28, 2001, 115 Stat. 1160; Pub. L. 109–163, div. A, title V, § 592(b), title X, § 1057(a)(2), Jan. 6, 2006, 119 Stat. 3280, 3440; Pub. L. 110–181, div. A, title VII, § 708(a), Jan. 28, 2008, 122 Stat. 190; Pub. L. 114–328, div. A, title VII, § 701(j)(1)(A), Dec. 23, 2016, 130 Stat. 2191; Pub. L. 115–91, div. A, title VII, § 739(a), Dec. 12, 2017, 131 Stat. 1446.)
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## Notes
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Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 1072(1)1072(2)37:402(a)(1).37:402(a)(4).June 7, 1956, ch. 374, § 102(a)(1), (4), 70 Stat. 250. In clause (1), the words “the armed forces” are substituted for the words “the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard” to reflect section 101(4) of this title. In clause (2), the words “or to a person who died while a member or retired member of a uniformed service” and “lawful” are omitted as surplusage. The word “former” is substituted for the word “retired”, since a retired member or a member of the Fleet Reserve or the Fleet Marine Corps Reserve is already included as a “member” of an armed force. Clause (2)(E) combines 37:402(a)(4)(E) and (G).
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Editorial Notes
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Prior ProvisionsA prior section 1072, act Aug. 10, 1956, ch. 1041, 70A Stat. 81, defined terms used in former sections 1071 to 1086 of this title, prior to repeal by Pub. L. 85–861, § 36B(5), Sept. 2, 1958, 72 Stat. 1570, as superseded by the Federal Voting Assistance Act of 1955 which is classified to subchapter I–D (§ 1973cc et seq.) of chapter 20 of Title 42, The Public Health and Welfare.
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Amendments2017—Par. (15). Pub. L. 115–91 amended par. (15) generally. Prior to amendment, par. (15) read as follows: “The term ‘TRICARE Standard’ means the TRICARE program made available prior to January 1, 2018, covering— “(A) medical care to which a dependent described in section 1076(a)(2) of this title is entitled; and “(B) health benefits contracted for under the authority of section 1079(a) of this title and subject to the same rates and conditions as apply to persons covered under that section.” 2016—Par. (7). Pub. L. 114–328, § 701(j)(1)(A)(i), added par. (7) and struck out former par. (7) which read as follows: “The term ‘TRICARE program’ means the managed health care program that is established by the Department of Defense under the authority of this chapter, principally section 1097 of this title, and includes the competitive selection of contractors to financially underwrite the delivery of health care services under the Civilian Health and Medical Program of the Uniformed Services.” Pars. (11) to (15). Pub. L. 114–328, § 701(j)(1)(A)(ii), added pars. (11) to (15). 2008—Par. (10). Pub. L. 110–181 added par. (10). 2006—Par. (2)(I)(i). Pub. L. 109–163, § 1057(a)(2), struck out “or a Territory” before “or possession”. Par. (6)(D)(i). Pub. L. 109–163, § 592(b), inserted “, or by any other source authorized by State or local law to provide adoption placement,” after “(recognized by the Secretary of Defense)”. 2001—Pars. (8), (9). Pub. L. 107–107 added pars. (8) and (9). 1997—Par. (7). Pub. L. 105–85 added par. (7). 1994—Par. (2)(D). Pub. L. 103–337, § 701(a)(1), substituted “a child who” for “an unmarried legitimate child, including an adopted child or stepchild, who” in introductory provisions. Par. (6). Pub. L. 103–337, § 701(a)(2), added par. (6). 1993—Par. (2)(I). Pub. L. 103–160 added subpar. (I). 1992—Par. (2)(D). Pub. L. 102–484 added subpar. (D) and struck out former subpar. (D) which read as follows: “an unmarried legitimate child, including an adopted child or a stepchild, who either— “(i) has not passed his twenty-first birthday; “(ii) is incapable of self-support because of a mental or physical incapacity that existed before that birthday and is, or was at the time of the member’s or former member’s death, in fact dependent on him for over one-half of his support; or “(iii) has not passed his twenty-third birthday, is enrolled in a full-time course of study in an institution of higher learning approved by the administering Secretary and is, or was at the time of the member’s or former member’s death, in fact dependent on him for over one-half of his support;”. 1989—Par. (2)(H). Pub. L. 101–189 added subpar. (H). 1986—Par. (1). Pub. L. 99–661, § 701(b)(1), substituted “The term ‘uniformed services’ means” for “ ‘Uniformed services’ means”. Par. (2). Pub. L. 99–661, § 701(b)(2), substituted “The term ‘dependent’, with respect to” for “ ‘Dependent’, with respect to”. Par. (3). Pub. L. 99–661, § 701(b)(3), substituted “The term ‘administering Secretaries’ means” for “ ‘Administering Secretaries’ means”. Pars. (4), (5). Pub. L. 99–661, § 701(b)(4), added pars. (4) and (5). 1984—Par. (2)(D)(iii). Pub. L. 98–557, § 19(1)(A), substituted reference to the administering Secretary for reference to the Secretary of Defense or the Secretary of Health and Human Services. Par. (2)(G). Pub. L. 98–525 added subpar. (G). Par. (3). Pub. L. 98–557, § 19(1)(B), added par. (3). 1982—Par. (2)(F). Pub. L. 97–252 added cl. (F). 1980—Pub. L. 96–513, § 511(34)(A), substituted in introductory material reference to this chapter for reference to sections 1071–1087 of this title. Par. (1). Pub. L. 96–513, § 511(35), substituted “National Oceanic and Atmospheric Administration” for “Environmental Science Services Administration”. Par. (2). Pub. L. 96–513, §§ 115(b), 511(36), substituted “spouse” for “wife” in cl. (A), struck out cl. (C) “the husband, if he is in fact dependent on the member or former member for over one-half of his support;”, redesignated cls. (D), (E), and (F) as (C), (D), and (E), respectively, in cl. (C) as so redesignated, struck out “, if, because of mental or physical incapacity he was in fact dependent on the member or former member at the time of her death for over one-half of his support” after “the unremarried widower”, and in cl. (D)(iii) as so redesignated, substituted “Health and Human Services” for “Health, Education, and Welfare”. 1966—Pub. L. 89–718 substituted “Environmental Science Services Administration” for “Coast and Geodetic Survey” in clause (1). Pub. L. 89–614 substituted “1087” for “1085” in introductory phrase.
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Statutory Notes and Related Subsidiaries
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Effective Date of 2016 AmendmentPub. L. 114–328, div. A, title VII, § 701(k), Dec. 23, 2016, 130 Stat. 2193, provided that: “The amendments made by this section [enacting sections 1075 and 1075a of this title and amending this section and sections 1076d, 1076e, 1079a, 1095f, 1099, and 1110b of this title] shall apply with respect to the provision of health care under the TRICARE program beginning on January 1, 2018.”
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Effective Date of 1993 AmendmentPub. L. 103–160, div. A, title VII, § 702(b), Nov. 30, 1993, 107 Stat. 1686, provided that: “Section 1072(2)(I) of title 10, United States Code, as added by subsection (a), shall apply with respect to determinations of dependency made on or after July 1, 1994.”
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Effective Date of 1989 AmendmentPub. L. 101–189, div. A, title VII, § 731(d), Nov. 29, 1989, 103 Stat. 1482, provided that: “(1) The amendments made by this section [enacting section 1086a of this title and amending this section and sections 1076 and 1086 of this title] apply to a person referred to in section 1072(2)(H) of title 10, United States Code (as added by subsection (a)), whose decree of divorce, dissolution, or annulment becomes final on or after the date of the enactment of this Act [Nov. 29, 1989]. “(2) The amendments made by this section shall also apply to a person referred to in such section whose decree of divorce, dissolution, or annulment became final during the period beginning on September 29, 1988, and ending on the day before the date of the enactment of this Act, as if the amendments had become effective on September 29, 1988.”
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Effective Date of 1984 AmendmentPub. L. 98–525, title VI, § 645(d), Oct. 19, 1984, 98 Stat. 2549, provided that: “The amendments made by subsections (a), (b), and (c) [amending this section and provisions set out as a note under section 1408 of this title and enacting provisions set out as a note under this section] shall be effective on January 1, 1985, and shall apply with respect to health care furnished on or after that date.”
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Effective Date of 1982 Amendment; Transition ProvisionsAmendment by Pub. L. 97–252 effective Feb. 1, 1983, and applicable in the case of any former spouse of a member or former member of the uniformed services whether final decree of divorce, dissolution, or annulment of marriage of former spouse and such member or former member is dated before, on, or after Feb. 1, 1983, see section 1006 of Pub. L. 97–252, set out as an Effective Date; Transition Provisions note under section 1408 of this title.
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Effective Date of 1980 AmendmentAmendment by section 115(b) of Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on Dec. 12, 1980, and amendment by section 511(34)(A), (35), (36) of Pub. L. 96–513 effective Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.
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Effective Date of 1966 AmendmentFor effective date of amendment by Pub. L. 89–614, see section 3 of Pub. L. 89–614, set out as a note under section 1071 of this title.
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RepealsThe directory language of, but not the amendment made by, Pub. L. 89–718, § 8(a), Nov. 2, 1966, 80 Stat. 1117, cited as a credit to this section, was repealed by Pub. L. 97–295, § 6(b), Oct. 12, 1982, 96 Stat. 1314.
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Continuation of Individual Case Management Services for Certain Eligible BeneficiariesPub. L. 107–107, div. A, title VII, § 701(d), Dec. 28, 2001, 115 Stat. 1160, provided that: “(1) Notwithstanding the termination of the Individual Case Management Program by subsection (g) [amending section 1079 of this title and repealing provisions set out as a note under section 1077 of this title], the Secretary of Defense shall, in any case in which the Secretary makes the determination described in paragraph (2), continue to provide payment as if such program were in effect for home health care or custodial care services provided to an eligible beneficiary that would otherwise be excluded from coverage under regulations implementing chapter 55 of title 10, United States Code. “(2) The determination referred to in paragraph (1) is a determination that discontinuation of payment for services not otherwise provided under such chapter would result in the provision of services inadequate to meet the needs of the eligible beneficiary and would be unjust to such beneficiary. “(3) For purposes of this subsection, ‘eligible beneficiary’ means a covered beneficiary (as that term is defined in section 1072 of title 10, United States Code) who, before the effective date of this section [Dec. 28, 2001], was provided custodial care services under the Individual Case Management Program for which the Secretary provided payment.”
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Improvements in Administration of the TRICARE Program; Flexibility of ContractingPub. L. 107–107, div. A, title VII, § 708(a), Dec. 28, 2001, 115 Stat. 1164, provided that: “(1) During the one-year period following the date of the enactment of this Act [Dec. 28, 2001], section 1072(7) of title 10, United States Code, shall be deemed to be amended by striking ‘the competitive selection of contractors to financially underwrite’. “(2) The terms and conditions of any contract to provide health care services under the TRICARE program entered into during the period described in paragraph (1) shall not be considered to be modified or terminated as a result of the termination of such period.”
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Transitional Provisions for Qualification for Conversion Health Policies; Preexisting ConditionsPub. L. 101–189, div. A, title VII, § 731(e), Nov. 29, 1989, 103 Stat. 1483, provided that: “(1) In the case of a person who qualified as a dependent under section 645(c) of the Department of Defense Authorization Act, 1985 (Public Law 98–525; 98 Stat. 2549) [set out below], on September 28, 1988, the Secretary of Defense shall make a conversion health policy available for purchase by the person during the remaining period the person is considered to be a dependent under that section (or within a reasonable time after that period as prescribed by the Secretary of Defense). “(2) Purchase of a conversion health policy under paragraph (1) by a person shall entitle the person to health care for preexisting conditions in the same manner and to the same extent as provided by section 1086a(b) of title 10, United States Code (as added by subsection (b)), until the end of the one-year period beginning on the later of—“(A) the date the person is no longer qualified as a dependent under section 645(c) of the Department of Defense Authorization Act, 1985; and “(B) the date of the purchase of the policy. “(3) For purposes of this subsection, the term ‘conversion health policy’ has the meaning given that term in section 1086a(c) of title 10, United States Code (as added by subsection (b)).”
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Dependent; Qualification as; Effective DatePub. L. 98–525, title VI, § 645(c), Oct. 19, 1984, 98 Stat. 2549, as amended by Pub. L. 99–661, div. A, title VI, § 646, Nov. 14, 1986, 100 Stat. 3887; Pub. L. 100–271, § 1, Mar. 29, 1988, 102 Stat. 45; Pub. L. 100–271, § 1, Mar. 29, 1988, 102 Stat. 45, provided that a person who would qualify as a dependent under section 1072(2)(G) of title 10 but for the fact that the person’s final decree of divorce, dissolution, or annulment was dated on or after Apr. 1, 1985, would be considered to be a dependent under such section until the later of (1) Dec. 31, 1988, and (2) the last day of the two-year period beginning on the date of such final decree, prior to repeal by Pub. L. 100–456, div. A, title VI, § 651(b), Sept. 29, 1988, 102 Stat. 1990, effective Sept. 29, 1988, or 30 days after the Secretary of Defense first makes available a conversion health policy (as defined in section 1076(f) of title 10), whichever is later.
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---
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type: "LegalText"
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title: "10 U.S.C. § 1073b"
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description: "Recurring reports and publication of certain data"
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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: "1073b"
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citation: "10 U.S.C. § 1073b"
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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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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1073b - Recurring reports and publication of certain data
|
||||
|
||||
## Text
|
||||
|
||||
(a) Annual Report on Recording of Health Assessment Data in Military Health Records.— The Secretary of Defense shall issue each year a report on the compliance by the military departments with applicable law and policies on the recording of health assessment data in military health records, including compliance with section 1074f(c) of this title. The report shall cover the calendar year preceding the year in which the report is submitted and include a discussion of the extent to which immunization status and predeployment and postdeployment health care data are being recorded in such records.
|
||||
|
||||
(b) Publication of Data on Patient Safety, Quality of Care, Satisfaction, and Health Outcome Measures.— (1) The Secretary of Defense shall publish on a publically available Internet website of the Department of Defense data on all measures that the Secretary considers appropriate that are used by the Department to assess patient safety, quality of care, patient satisfaction, and health outcomes for health care provided under the TRICARE program at each military medical treatment facility. Such data shall include the core quality performance metrics adopted by the Secretary under section 728 of the National Defense Authorization Act for Fiscal Year 2017.
|
||||
|
||||
(2) The Secretary shall publish an update to the data published under paragraph (1) not less frequently than once each quarter during each fiscal year.
|
||||
|
||||
(3) The Secretary may not include data relating to risk management activities of the Department in any publication under paragraph (1) or update under paragraph (2).
|
||||
|
||||
(4) The Secretary shall ensure that the data published under paragraph (1) and updated under paragraph (2) is accessible to the public through the primary Internet website of the Department and the primary Internet website of the military medical treatment facility with respect to which such data applies.
|
||||
|
||||
(Added Pub. L. 108–375, div. A, title VII, § 739(a)(1), Oct. 28, 2004, 118 Stat. 2001; amended Pub. L. 114–92, div. A, title VII, § 712, Nov. 25, 2015, 129 Stat. 864; Pub. L. 114–328, div. A, title VII, § 728(b)(1), Dec. 23, 2016, 130 Stat. 2234; Pub. L. 115–91, div. A, title X, §§ 1051(a)(5), 1081(d)(3), Dec. 12, 2017, 131 Stat. 1560, 1600.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 728 of the National Defense Authorization Act for Fiscal Year 2017, referred to in subsec. (b)(1), is section 728 of Pub. L. 114–328, which amended this section and enacted provisions set out as notes under section 1071 of this title.
|
||||
|
||||
Amendments2017—Pub. L. 115–91, § 1081(d)(3), amended directory language of Pub. L. 114–328, § 728(b)(1). See 2016 Amendment notes below. Subsecs. (a) to (c). Pub. L. 115–91, § 1051(a)(5), redesignated subsecs. (b) and (c) as (a) and (b), respectively, and struck out former subsec. (a) which related to annual report on the Force Health Protection Quality Assurance Program. 2016—Pub. L. 114–328, § 728(b)(1)(B), as amended by Pub. L. 115–91, § 1081(d)(3), inserted “and publication of certain data” after “reports” in section catchline. Amendment was executed as the probable intent of Congress, notwithstanding directory language amending the section heading of section “1073b(c)”. Subsec. (c)(1). Pub. L. 114–328, § 728(b)(1)(A), as amended by Pub. L. 115–91, § 1081(d)(3), substituted “The Secretary” for “Not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2016, the Secretary” and inserted at end “Such data shall include the core quality performance metrics adopted by the Secretary under section 728 of the National Defense Authorization Act for Fiscal Year 2017.” 2015—Subsec. (c). Pub. L. 114–92 added subsec. (c).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2017 AmendmentPub. L. 115–91, div. A, title X, § 1081(d), Dec. 12, 2017, 131 Stat. 1599, provided that the amendment made by section 1081(d)(3) is effective as of Dec. 23, 2016, and as if included in Pub. L. 114–328 as enacted.
|
||||
|
||||
Inclusion of Dental CareFor purposes of amendment by Pub. L. 108–375 adding this section, references to medical readiness, health status, and health care to be considered to include dental readiness, dental status, and dental care, see section 740 of Pub. L. 108–375, set out as a note under section 1074 of this title.
|
||||
|
||||
Initial ReportsPub. L. 108–375, div. A, title VII, § 739(a)(3), Oct. 28, 2004, 118 Stat. 2002, directed that the first reports under this section be completed not later than 180 days after Oct. 28, 2004.
|
||||
File diff suppressed because one or more lines are too long
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|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1073d"
|
||||
description: "Military medical treatment facilities"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "55"
|
||||
chapter_name: "MEDICAL AND DENTAL CARE"
|
||||
section: "1073d"
|
||||
citation: "10 U.S.C. § 1073d"
|
||||
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|
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|
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confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1073d - Military medical treatment facilities
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— To support the medical readiness of the armed forces and the readiness of medical personnel, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall maintain the military medical treatment facilities described in subsections (b), (c), and (d).
|
||||
|
||||
(b) Medical Centers.— (1) The Secretary of Defense shall maintain medical centers in areas with a large population of members of the armed forces and covered beneficiaries.
|
||||
|
||||
(2) Medical centers shall serve as referral facilities for members and covered beneficiaries who require comprehensive health care services that support medical readiness.
|
||||
|
||||
(3) Medical centers shall consist of the following:
|
||||
|
||||
(A) Inpatient and outpatient tertiary care facilities that incorporate specialty and subspecialty care.
|
||||
|
||||
(B) Graduate medical education programs.
|
||||
|
||||
(C) Residency training programs.
|
||||
|
||||
(D) Level one, level two, or level three trauma care capabilities.
|
||||
|
||||
(4) (A) The Secretary shall designate certain major medical centers as regional centers of excellence for the provision of specialty care services in the areas of specialty care described in subparagraph (D). A major medical center may be designated as a center of excellence under this subparagraph for more than one such area of specialty care.
|
||||
|
||||
(B) The Secretary may designate certain medical centers as satellite centers of excellence for the provision of specialty care services for specific conditions, such as the following:
|
||||
|
||||
(i) Post-traumatic stress.
|
||||
|
||||
(ii) Traumatic brain injury.
|
||||
|
||||
(iii) Such other conditions as the Secretary determines appropriate.
|
||||
|
||||
(C) Centers of excellence designated under this paragraph shall serve the purposes of—
|
||||
|
||||
(i) ensuring the military medical force readiness of the Department of Defense and the medical readiness of the armed forces;
|
||||
|
||||
(ii) improving the quality of health care furnished by the Secretary to eligible beneficiaries; and
|
||||
|
||||
(iii) improving health outcomes for eligible beneficiaries.
|
||||
|
||||
(D) The areas of specialty care described in this subparagraph are as follows:
|
||||
|
||||
(i) Oncology.
|
||||
|
||||
(ii) Burn injuries and wound care.
|
||||
|
||||
(iii) Rehabilitation medicine.
|
||||
|
||||
(iv) Psychological health and traumatic brain injury.
|
||||
|
||||
(v) Amputations and prosthetics.
|
||||
|
||||
(vi) Neurosurgery.
|
||||
|
||||
(vii) Orthopedic care.
|
||||
|
||||
(viii) Substance abuse.
|
||||
|
||||
(ix) Infectious diseases and preventive medicine.
|
||||
|
||||
(x) Cardiothoracic surgery.
|
||||
|
||||
(xi) Such other areas of specialty care as the Secretary determines appropriate.
|
||||
|
||||
(E) (i) Centers of excellence designated under this paragraph shall be the primary source within the military health system for the receipt by eligible beneficiaries of specialty care.
|
||||
|
||||
(ii) Eligible beneficiaries seeking a specialty care service through the military health system shall be referred to a center of excellence designated under subparagraph (A) for that area of specialty care or, if the specialty care service sought is unavailable at such center, to an appropriate specialty care provider in the private sector.
|
||||
|
||||
(F) Not later than 90 days prior to the designation of a center of excellence under this paragraph, the Secretary shall notify the Committees on Armed Services of the House of Representatives and the Senate of such designation.
|
||||
|
||||
(G) In this paragraph, the term “eligible beneficiary” means any beneficiary under this chapter.
|
||||
|
||||
(5) (A) The Secretary of Defense shall designate and maintain certain military medical treatment facilities as core casualty receiving facilities, to ensure the medical capability and capacity required to diagnose, treat, and rehabilitate large volumes of combat casualties and, as may be directed by the President or the Secretary, provide a medical response to events the President determines or declares as natural disasters, mass casualty events, or other national emergencies.
|
||||
|
||||
(B) The Secretary shall ensure that the military medical treatment facilities selected for designation pursuant to subparagraph (A) are geographically located to facilitate the aeromedical evacuation of casualties from theaters of operations.
|
||||
|
||||
(C) The Secretary—
|
||||
|
||||
(i) shall ensure that the Secretaries of the military departments assign military personnel to core casualty receiving facilities designated under subparagraph (A) at not less than 90 percent of the staffing level required to maintain the operating bed capacity necessary to support operation planning requirements;
|
||||
|
||||
(ii) may augment the staffing of military personnel at core casualty receiving facilities under subparagraph (A) with civilian employees of the Department of Defense to fulfill the staffing requirement under clause (i); and
|
||||
|
||||
(iii) shall ensure that each core casualty receiving facility under subparagraph (A) is staffed with a civilian Chief Financial Officer and a civilian Chief Operating Officer with experience in the management of civilian hospital systems, for the purpose of ensuring continuity in the management of the facility.
|
||||
|
||||
(D) In this paragraph:
|
||||
|
||||
(i) The term “core casualty receiving facility” means a Role 4 medical treatment facility that serves as a medical hub for the receipt and treatment of casualties, including civilian casualties, that may result from combat or from an event the President determines or declares as a natural disaster, mass casualty event, or other national emergency.
|
||||
|
||||
(ii) The term “Role 4 medical treatment facility” means a medical treatment facility that provides the full range of preventative, curative, acute, convalescent, restorative, and rehabilitative care.
|
||||
|
||||
(c) Hospitals.— (1) The Secretary of Defense shall maintain hospitals in areas where civilian health care facilities are unable to support the health care needs of members of the armed forces and covered beneficiaries.
|
||||
|
||||
(2) Hospitals shall provide—
|
||||
|
||||
(A) inpatient and outpatient health services to maintain medical readiness; and
|
||||
|
||||
(B) such other programs and functions as the Secretary determines appropriate.
|
||||
|
||||
(3) Hospitals shall consist of inpatient and outpatient care facilities with limited specialty care that the Secretary determines—
|
||||
|
||||
(A) is cost effective; or
|
||||
|
||||
(B) is not available at civilian health care facilities in the area of the hospital.
|
||||
|
||||
(d) Ambulatory Care Centers.— (1) The Secretary of Defense shall maintain ambulatory care centers in areas where civilian health care facilities are able to support the health care needs of members of the armed forces and covered beneficiaries.
|
||||
|
||||
(2) Ambulatory care centers shall provide the outpatient health services required to maintain medical readiness, including with respect to partnerships established pursuant to section 706 of the National Defense Authorization Act for Fiscal Year 2017.
|
||||
|
||||
(3) Ambulatory care centers shall consist of outpatient care facilities with limited specialty care that the Secretary determines—
|
||||
|
||||
(A) is cost effective; or
|
||||
|
||||
(B) is not available at civilian health care facilities in the area of the ambulatory care center.
|
||||
|
||||
(e) Maintenance of Inpatient Capabilities at Military Medical Treatment Facilities Located Outside the United States.— (1) In carrying out subsection (a), the Secretary of Defense shall ensure that each covered facility maintains, at a minimum, inpatient capabilities that the Secretary determines are similar to the inpatient capabilities of such facility on September 30, 2016.
|
||||
|
||||
(2) The Secretary may not eliminate the inpatient capabilities of a covered facility until the day that is 180 days after the Secretary provides a briefing to the Committees on Armed Services of the Senate and the House of Representatives regarding the proposed elimination. During any such briefing, the Secretary shall certify the following:
|
||||
|
||||
(A) The Secretary has entered into agreements with hospitals or medical centers in the host nation of such covered facility that—
|
||||
|
||||
(i) replace the inpatient capabilities the Secretary proposes to eliminate; and
|
||||
|
||||
(ii) ensure members of the armed forces and covered beneficiaries who receive health care from such covered facility, have, within a distance the Secretary determines is reasonable, access to quality health care, including case management and translation services.
|
||||
|
||||
(B) The Secretary has consulted with the commander of the geographic combatant command in which such covered facility is located to ensure that the proposed elimination would have no impact on the operational plan for such geographic combatant command.
|
||||
|
||||
(C) Before the Secretary eliminates the inpatient capabilities of such covered facility, the Secretary shall provide each member of the armed forces or covered beneficiary who receives health care from the covered facility with—
|
||||
|
||||
(i) a transition plan for continuity of health care for such member or covered beneficiary; and
|
||||
|
||||
(ii) a public forum to discuss the concerns of the member or covered beneficiary regarding the proposed reduction.
|
||||
|
||||
(3) In this subsection, the term “covered facility” means a military medical treatment facility located outside the United States.
|
||||
|
||||
(f) Notification Required to Modify Scope of Services Provided at Military Medical Treatment Facilities.— (1) The Secretary of Defense may not modify the scope of medical care provided at a military medical treatment facility, or the beneficiary population served at the facility, unless—
|
||||
|
||||
(A) the Secretary submits to the Committees on Armed Services of the House of Representatives and the Senate a notification of the proposed modification in scope;
|
||||
|
||||
(B) a period of 180 days has elapsed following the date on which the Secretary submits such notification; and
|
||||
|
||||
(C) if the proposed modification in scope involves the termination or reduction of inpatient capabilities at a military medical treatment facility located outside the United States, the Secretary has provided to each member of the armed forces or covered beneficiary receiving services at such facility a transition plan for the continuity of health care for such member or covered beneficiary.
|
||||
|
||||
(2) Each notification under paragraph (1) shall contain, with respect to the military medical treatment facility for which the modification in scope has been proposed, the following:
|
||||
|
||||
(A) An endorsement from the Chairman of the Joint Chiefs of Staff that the proposed modification will have no effect on operational requirements of the armed forces.
|
||||
|
||||
(B) An endorsement from the Surgeon General of the military department concerned that the proposed modification will have no effect on the training or readiness of military medical personnel in the military department concerned.
|
||||
|
||||
(C) An assessment from the Director of the Defense Health Agency that explains how members of the armed forces and covered beneficiaries receiving services at the facility will continue to receive care.
|
||||
|
||||
(Added Pub. L. 114–328, div. A, title VII, § 703(a)(1), Dec. 23, 2016, 130 Stat. 2197; amended Pub. L. 115–91, div. A, title VII, § 711, Dec. 12, 2017, 131 Stat. 1436; Pub. L. 117–263, div. A, title VII, §§ 712, 713(a), 714(a), 715, Dec. 23, 2022, 136 Stat. 2657, 2659, 2660; Pub. L. 118–159, div. A, title XVII, § 1701(a)(19), Dec. 23, 2024, 138 Stat. 2204; Pub. L. 119–60, div. A, title VII, § 714, Dec. 18, 2025, 139 Stat. 922.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 706 of the National Defense Authorization Act for Fiscal Year 2017, referred to in subsec. (d)(2), is section 706 of Pub. L. 114–328, which is set out as a note under section 1096 of this title.
|
||||
|
||||
Amendments2025—Subsec. (f)(2). Pub. L. 119–60 struck out “information demonstrating” after “shall contain”, substituted “the following:” for “the extent to which the commander of the military installation at which the facility is located has been consulted regarding such modification, to ensure that the proposed modification in scope would have no impact on the operational plan for such installation.”, and added subpars. (A) to (C). 2024—Subsec. (b)(5)(C)(ii). Pub. L. 118–159 substituted “fulfill” for “fulfil”. 2022—Subsec. (b)(3)(D). Pub. L. 117–263, § 712, substituted “, level two, or level three” for “or level two”. Subsec. (b)(4). Pub. L. 117–263, § 713(a), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “The Secretary may designate a medical center as a regional center of excellence for unique and highly specialized health care services, including with respect to polytrauma, organ transplantation, and burn care.” Subsec. (b)(5). Pub. L. 117–263, § 714(a), added par. (5). Subsec. (f). Pub. L. 117–263, § 715, added subsec. (f). 2017—Subsec. (e). Pub. L. 115–91 added subsec. (e).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
DeadlinePub. L. 117–263, div. A, title VII, § 713(b), Dec. 23, 2022, 136 Stat. 2658, provided that: “The Secretary of Defense shall designate certain major medical centers as regional centers of excellence in accordance with section 1073d(b)(4)(A) of title 10, United States Code, as added by subsection (a), by not later than one year after the date of the enactment of this Act [Dec. 23, 2022].”
|
||||
|
||||
Timeline for EstablishmentPub. L. 117–263, div. A, title VII, § 714(b), Dec. 23, 2022, 136 Stat. 2660, provided that: “(1) Designation.—Not later than October 1, 2024, the Secretary of Defense shall designate four military medical treatment facilities as core casualty receiving facilities under section 1073d(b)(5) of title 10, United States Code (as added by subsection (a)). “(2) Operational.—Not later than October 1, 2025, the Secretary shall ensure that each such designated military medical treatment facility is fully staffed and operational as a core casualty receiving facility, in accordance with the requirements of such section 1073d(b)(5).”
|
||||
|
||||
Establishment of Centers of Excellence for Enhanced Treatment of Ocular InjuriesPub. L. 117–81, div. A, title VII, § 721, Dec. 27, 2021, 135 Stat. 1791, provided that: “(a) In General.—Not later than October 1, 2023, the Secretary of Defense, acting through the Director of the Defense Health Agency, shall establish within the Defense Health Agency not fewer than four regional centers of excellence for the enhanced treatment of—“(1) ocular wounds or injuries; and “(2) vision dysfunction related to traumatic brain injury. “(b) Location of Centers.—Each center of excellence established under subsection (a) shall be located at a military medical center that provides graduate medical education in ophthalmology and related subspecialties and shall be the primary center for providing specialized medical services for vision for members of the Armed Forces in the region in which the center of excellence is located. “(c) Policies for Referral of Beneficiaries.—Not later than October 1, 2023, the Director of the Defense Health Agency shall publish on a publicly available internet website of the Department of Defense policies for the referral of eligible beneficiaries of the Department to centers of excellence established under subsection (a) for evaluation and treatment. “(d) Identification of Medical Personnel Billets and Staffing.—The Secretary of each military department, in conjunction with the Joint Staff Surgeon and the Director of the Defense Health Agency, shall identify specific medical personnel billets essential for the evaluation and treatment of ocular sensory injuries and ensure that centers of excellence established under subsection (a) are staffed with such personnel at the level required for the enduring medical support of each such center. “(e) Briefing.—Not later than December 31, 2023, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing that—“(1) describes the establishment of each center of excellence established under subsection (a), to include the location, capability, and capacity of each such center; “(2) describes the referral policy published by the Defense Health Agency under subsection (c); “(3) identifies the medical personnel billets identified under subsection (d); and “(4) provides a plan for the staffing of personnel at such centers to ensure the enduring medical support of each such center. “(f) Military Medical Center Defined.—In this section, the term ‘military medical center’ means a medical center described in section 1073d(b) of title 10, United States Code.”
|
||||
|
||||
Satellite CentersPub. L. 114–328, div. A, title VII, § 703(a)(3), Dec. 23, 2016, 130 Stat. 2198, provided that: “In addition to the centers of excellence designated under section 1073d(b)(4) of title 10, United States Code, as added by paragraph (1), the Secretary of Defense may establish satellite centers of excellence to provide specialty care for certain conditions, including with respect to— “(A) post-traumatic stress; “(B) traumatic brain injury; and “(C) such other conditions as the Secretary considers appropriate.”
|
||||
|
||||
Limitation on Restructure and Realignment of Military Medical Treatment FacilitiesPub. L. 114–328, div. A, title VII, § 703(b), (e), Dec. 23, 2016, 130 Stat. 2198, 2200, provided that: “(b) Exception.—In carrying out section 1073d of title 10, United States Code, as added by subsection (a)(1), the Secretary of Defense may not restructure or realign the infrastructure of, or modify the health care services provided by, a military medical treatment facility unless the Secretary determines that, if such a restructure, realignment, or modification will eliminate the ability of a covered beneficiary to access health care services at a military medical treatment facility, the covered beneficiary will be able to access such health care services through the purchased care component of the TRICARE program.” “(e) Definitions.—In this section [enacting this section and provisions set out as notes under this section], the terms ‘covered beneficiary’ and ‘TRICARE program’ have the meaning given those terms in section 1072 of title 10, United States Code.”
|
||||
@@ -0,0 +1,59 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1073e"
|
||||
description: "Protection of armed forces from infectious diseases"
|
||||
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|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "55"
|
||||
chapter_name: "MEDICAL AND DENTAL CARE"
|
||||
section: "1073e"
|
||||
citation: "10 U.S.C. § 1073e"
|
||||
status: "current"
|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
confidence: "official"
|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1073e - Protection of armed forces from infectious diseases
|
||||
|
||||
## Text
|
||||
|
||||
(a) Protection.— The Secretary of Defense shall develop and implement a plan to ensure that the armed forces have the diagnostic equipment, testing capabilities, and personal protective equipment necessary to protect members of the armed forces from the threat of infectious diseases and to treat members who contract infectious diseases.
|
||||
|
||||
(b) Requirements.— In carrying out subsection (a), the Secretary shall ensure the following:
|
||||
|
||||
(1) Each military medical treatment facility has the testing capabilities described in such subsection, as appropriate for the mission of the facility.
|
||||
|
||||
(2) Each deployed naval vessel has access to the testing capabilities described in such subsection.
|
||||
|
||||
(3) Members of the armed forces deployed in support of a contingency operation outside of the United States have access to the testing capabilities described in such subsection, including at field hospitals, combat support hospitals, field medical stations, and expeditionary medical facilities.
|
||||
|
||||
(4) The Department of Defense maintains—
|
||||
|
||||
(A) a 30-day supply of personal protective equipment in a quantity sufficient for each member of the armed forces, including the reserve components thereof; and
|
||||
|
||||
(B) the capability to rapidly resupply such equipment.
|
||||
|
||||
(c) Research and Development.— (1) The Secretary shall include with the defense budget materials (as defined by section 231(f) 11 See References in Text note below. of this title) for a fiscal year a plan to research and develop vaccines, diagnostics, and therapeutics for infectious diseases.
|
||||
|
||||
(2) The Secretary shall ensure that the medical laboratories of the Department of Defense are equipped with the technology needed to facilitate rapid research and development of vaccines, diagnostics, and therapeutics in the case of a pandemic.
|
||||
|
||||
(Added Pub. L. 116–283, div. A, title VII, § 712(a), Jan. 1, 2021, 134 Stat. 3691.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 231(f) of this title, referred to in subsec. (c)(1), was redesignated as section 231(g) of this title by Pub. L. 117–263, div. A, title III, § 352(a)(2), Dec. 23, 2022, 136 Stat. 2533, and subsequently was redesignated as section 231(h) of this title by Pub. L. 118–159, div. A, title X, § 1021(1), Dec. 23, 2024, 138 Stat. 2052.
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1073f"
|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1073f - Health care fraud and abuse prevention program
|
||||
|
||||
## Text
|
||||
|
||||
(a) Program Authorized.— (1) The Secretary of Defense may carry out a program under this section to prevent and remedy fraud and abuse in the health care programs of the Department of Defense.
|
||||
|
||||
(2) At the discretion of the Secretary, such program may be administered jointly by the Inspector General of the Department of Defense and the Director of the Defense Health Agency.
|
||||
|
||||
(3) In carrying out such program, the authorities granted to the Secretary of Defense and the Inspector General of the Department of Defense under section 1128A(m) of the Social Security Act (42 U.S.C. 1320a–7a(m)) shall be available to the Secretary and the Inspector General.
|
||||
|
||||
(b) Civil Monetary Penalties.— (1) Except as provided in paragraph (2), the provisions of section 1128A of the Social Security Act (42 U.S.C. 1320a–7a) shall apply with respect to any civil monetary penalty imposed in carrying out the program authorized under subsection (a).
|
||||
|
||||
(2) Consistent with section 1079a of this title, amounts recovered in connection with any such civil monetary penalty imposed—
|
||||
|
||||
(A) shall be credited to appropriations available as of the time of the collection for expenses of the health care program of the Department of Defense affected by the fraud and abuse for which such penalty was imposed; and
|
||||
|
||||
(B) may be used to support the administration of the program authorized under subsection (a), including to support any interagency agreements entered into under subsection (d).
|
||||
|
||||
(c) Interagency Agreements.— The Secretary of Defense may enter into agreements with the Secretary of Health and Human Services, the Attorney General, or the heads of other Federal agencies, for the effective and efficient implementation of the program authorized under subsection (a).
|
||||
|
||||
(d) Rule of Construction.— Joint administration of the program authorized under subsection (a) may not be construed as limiting the authority of the Inspector General of the Department of Defense under any other provision of law.
|
||||
|
||||
(e) Fraud and Abuse Defined.— In this section, the term “fraud and abuse” means any conduct specified in subsection (a) or (b) of section 1128A of the Social Security Act (42 U.S.C. 1320a–7a).
|
||||
|
||||
(Added Pub. L. 117–81, div. A, title VII, § 713(a), Dec. 27, 2021, 135 Stat. 1784.)
|
||||
File diff suppressed because one or more lines are too long
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|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1074b"
|
||||
description: "Medical and dental care: Academy cadets and midshipmen; members of, and designated applicants for membership in, Senior ROTC"
|
||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
section: "1074b"
|
||||
citation: "10 U.S.C. § 1074b"
|
||||
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1074b - Medical and dental care: Academy cadets and midshipmen; members of, and designated applicants for membership in, Senior ROTC
|
||||
|
||||
## Text
|
||||
|
||||
(a) Eligibility.— Under joint regulations prescribed by the administering Secretaries, the following persons are, except as provided in subsection (c), entitled to the benefits described in subsection (b):
|
||||
|
||||
(1) A cadet at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, and a midshipman at the United States Naval Academy, who incurs or aggravates an injury, illness, or disease in the line of duty.
|
||||
|
||||
(2) A member of, and a designated applicant for membership in, the Senior Reserve Officers’ Training Corps who incurs or aggravates an injury, illness, or disease—
|
||||
|
||||
(A) in the line of duty while performing duties under section 2109 of this title;
|
||||
|
||||
(B) while traveling directly to or from the place at which that member or applicant is to perform or has performed duties pursuant to section 2109 of this title; or
|
||||
|
||||
(C) in the line of duty while remaining overnight immediately before the commencement of duties performed pursuant to section 2109 of this title or, while remaining overnight, between successive periods of performing duties pursuant to section 2109 of this title, at or in the vicinity of the site of the duties performed pursuant to section 2109 of this title, if the site is outside reasonable commuting distance from the residence of the member or designated applicant.
|
||||
|
||||
(b) Benefits.— A person eligible for benefits under subsection (a) for an injury, illness, or disease is entitled to—
|
||||
|
||||
(1) the medical and dental care under this chapter that is appropriate for the treatment of the injury, illness, or disease until the injury, illness, disease, or any resulting disability cannot be materially improved by further hospitalization or treatment; and
|
||||
|
||||
(2) meals during hospitalization.
|
||||
|
||||
(c) Exception for Gross Negligence or Misconduct.— A person is not entitled to benefits under subsection (b) for an injury, illness, or disease, or the aggravation of an injury, illness, or disease that is a result of the gross negligence or the misconduct of that person.
|
||||
|
||||
(Added Pub. L. 108–375, div. A, title V, § 555(a)(1), Oct. 28, 2004, 118 Stat. 1913.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 1074b, added Pub. L. 102–190, div. A, title VI, § 640(a)(2), Dec. 5, 1991, 105 Stat. 1385; amended Pub. L. 104–106, div. A, title XV, § 1501(c)(10), Feb. 10, 1996, 110 Stat. 499, which related to transitional medical and dental care for members on active duty in support of contingency operations, was repealed by Pub. L. 107–107, div. A, title VII, § 736(c)(1), (d), Dec. 28, 2001, 115 Stat. 1173, with provision that the section, as in effect before Dec. 28, 2001, was to continue to apply to a member of the Armed Forces who was released from active duty in support of a contingency operation before that date. Another prior section 1074b was renumbered section 1074c of this title.
|
||||
@@ -0,0 +1,47 @@
|
||||
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|
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1074c - Medical care: authority to provide a wig
|
||||
|
||||
## Text
|
||||
|
||||
A person entitled to medical care under this chapter who has alopecia resulting from the treatment of a malignant disease may be furnished a wig if the person has not previously been furnished one at the expense of the United States.
|
||||
|
||||
(Added Pub. L. 98–525, title XIV, § 1401(e)(2)(A), Oct. 19, 1984, 98 Stat. 2616, § 1074b; renumbered § 1074c, Pub. L. 102–190, div. A, title VI, § 640(a)(1), Dec. 5, 1991, 105 Stat. 1385.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsProvisions similar to those in this section were contained in the following appropriation acts: Pub. L. 98–473, title I, § 101(h) [title VIII, § 8033], Oct. 12, 1984, 98 Stat. 1904, 1929. Pub. L. 98–212, title VII, § 739, Dec. 8, 1983, 97 Stat. 1445. Pub. L. 97–377, title I, § 101(c) [title VII, § 742], Dec. 21, 1982, 96 Stat. 1833, 1858. Pub. L. 97–114, title VII, § 743, Dec. 29, 1981, 95 Stat. 1586. Pub. L. 96–527, title VII, § 744, Dec. 15, 1980, 94 Stat. 3089.
|
||||
|
||||
Amendments1991—Pub. L. 102–190 renumbered section 1074b of this title as this section.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective Oct. 1, 1985, see section 1404 of Pub. L. 98–525, set out as a note under section 520b of this title.
|
||||
@@ -0,0 +1,73 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1074d"
|
||||
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1074d - Certain primary and preventive health care services
|
||||
|
||||
## Text
|
||||
|
||||
(a) Services Available.— (1) Female members and former members of the uniformed services entitled to medical care under section 1074 or 1074a of this title shall also be entitled to primary and preventive health care services for women as part of such medical care. The services described in paragraphs (1) and (2) of subsection (b) shall be provided under such procedures and at such intervals as the Secretary of Defense shall prescribe.
|
||||
|
||||
(2) Male members and former members of the uniformed services entitled to medical care under section 1074 or 1074a of this title shall also be entitled to preventive health care screening for colon or prostate cancer at such intervals and using such screening methods as the administering Secretaries consider appropriate.
|
||||
|
||||
(b) Definition.— In this section, the term “primary and preventive health care services for women” means health care services, including related counseling services, provided to women with respect to the following:
|
||||
|
||||
(1) Cervical cancer screening.
|
||||
|
||||
(2) Breast cancer screening, including through the use of digital breast tomosynthesis.
|
||||
|
||||
(3) Comprehensive obstetrical and gynecological care, including care related to pregnancy and the prevention of pregnancy.
|
||||
|
||||
(4) Infertility and sexually transmitted diseases, including prevention.
|
||||
|
||||
(5) Menopause, including hormone replacement therapy and counseling regarding the benefits and risks of hormone replacement therapy.
|
||||
|
||||
(6) Physical or psychological conditions arising out of acts of sexual violence.
|
||||
|
||||
(7) Gynecological cancers.
|
||||
|
||||
(8) Colon cancer screening, at the intervals and using the screening methods prescribed under subsection (a)(2).
|
||||
|
||||
(Added Pub. L. 103–160, div. A, title VII, § 701(a)(1), Nov. 30, 1993, 107 Stat. 1685; amended Pub. L. 104–201, div. A, title VII, § 701(a)(1), (2)(A), Sept. 23, 1996, 110 Stat. 2587; Pub. L. 109–364, div. A, title VII, § 703(a), Oct. 17, 2006, 120 Stat. 2279; Pub. L. 116–283, div. A, title VII, § 701, Jan. 1, 2021, 134 Stat. 3686.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2021—Subsec. (b)(2). Pub. L. 116–283 inserted “, including through the use of digital breast tomosynthesis” before period at end. 2006—Subsec. (a)(1). Pub. L. 109–364, § 703(a)(1), inserted at end “The services described in paragraphs (1) and (2) of subsection (b) shall be provided under such procedures and at such intervals as the Secretary of Defense shall prescribe.” Subsec. (b)(1). Pub. L. 109–364, § 703(a)(2)(A), substituted “Cervical cancer screening” for “Papanicolaou tests (pap smear)”. Subsec. (b)(2). Pub. L. 109–364, § 703(a)(2)(B), substituted “Breast cancer screening” for “Breast examinations and mammography”. 1996—Pub. L. 104–201, § 701(a)(2)(A), amended catchline generally, substituting “Certain primary and preventive health care services” for “Primary and preventive health care services for women”. Subsec. (a). Pub. L. 104–201, § 701(a)(1)(A), designated existing provisions as par. (1) and added par. (2). Subsec. (b)(8). Pub. L. 104–201, § 701(a)(1)(B), added par. (8).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Demonstration Program on Cryopreservation and Storage of Gametes of Certain Members of the Armed ForcesPub. L. 118–159, div. A, title VII, § 709, Dec. 23, 2024, 138 Stat. 1945, provided that: “(a) Demonstration Program.—Not later than one year after the date of the enactment of this Act [Dec. 23, 2024], the Secretary of Defense shall carry out a demonstration program to reimburse covered members for expenses incurred in the retrieval, testing, cryopreservation, shipping, and storage of gametes of such covered members in a private storage facility determined appropriate by the Secretary. “(b) Elements.—“(1) Amount of reimbursement.—A covered member participating in the demonstration program shall receive not more than the following amounts per year:“(A) $500 in the case of a member who preserves sperm. “(B) $10,000 in the case of a member who preserves eggs. “(2) Information.—“(A) Providers.—The Secretary shall provide to a covered member participating in the demonstration program information regarding providers of services described in subsection (a) located near the covered member. “(B) Promotion.—The Secretary shall promote the demonstration program to covered members in the course of annual health examinations and pre-deployment screenings. “(3) Use of military medical treatment facilities.—The Secretary shall encourage the use of military medical treatment facilities that offer services described in subsection (a) to provide services under the demonstration program. “(c) Duration.—The Secretary shall—“(1) publish in the Federal Register the date on which the Secretary will commence carrying out the demonstration program; and “(2) carry out the demonstration program for a three-year period beginning on such date. “(d) No Liability or Contractual Obligation.—The United States shall not be—“(1) considered a party to any agreement between a covered member who participates in the demonstration program and a private gamete storage facility; or “(2) responsible for the management of gametes cryopreserved or stored for which a covered member receives reimbursement under such demonstration program. “(e) Advanced Medical Directive.—A covered member who participates in the demonstration program shall complete an advanced medical directive that specifies how gametes preserved under the demonstration program shall be handled upon the death of such covered member. “(f) Reports; Briefings.—“(1) Initial report.—Not later than one year after the date of the enactment of this Act [Dec. 23, 2024], the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing a plan to implement the demonstration program. “(2) Report.—Not later than one year after the Secretary commences carrying out the demonstration program, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the demonstration program. Such report shall include the following:“(A) Usage by covered members. “(B) Demographics of participating covered members. “(C) Costs of services to participating covered members. “(D) The feasibility of expanding the demonstration program. “(E) The feasibility of making the demonstration program permanent. “(F) Other information determined appropriate by the Secretary. “(3) Briefings.—Not later than one year after the date of the enactment of this Act, and annually thereafter for the duration of the demonstration program, the Secretary shall provide to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a briefing on—“(A) the design, use, and costs of the demonstration project; and “(B) any other observations of the Secretary with respect to the demonstration project, such as the effects of the demonstration project on recruitment and retention. “(g) Definitions.—In this section:“(1) The term ‘covered member’ means a member of a covered Armed Force serving on active duty—“(A) who has received orders (including deployment orders) for duty for which the member may receive hazardous duty pay under section 351 of title 37, United States Code; “(B) whom [sic] the Secretary determines is likely to receive such orders in the next 120 days; “(C) who will, under orders, be geographically separated from a spouse, domestic partner, or dating partner for a period of not less than 180 days, including sea duty; or “(D) whose application to participate in the demonstration program is approved by the Secretary. “(2) The term ‘covered Armed Force’ means the Army, Navy, Marine Corps, Air Force, or Space Force. “(3) The term ‘deployment’ has the meaning given such term in section 991(b) of title 10, United States Code.”
|
||||
|
||||
Expedited Evaluation and Treatment for Prenatal Surgery Under the TRICARE ProgramPub. L. 115–91, div. A, title VII, § 708, Dec. 12, 2017, 131 Stat. 1436, provided that: “(a) In General.—The Secretary of Defense shall implement processes and procedures to ensure that a covered beneficiary under the TRICARE program whose pregnancy is complicated with (or suspected of complication with) a fetal condition may elect to receive expedited evaluation, nondirective counseling, and medical treatment from a perinatal or pediatric specialist capable of providing surgical management and intervention in utero. “(b) Definitions.—In this section, the terms ‘covered beneficiary’ and ‘TRICARE program’ have the meanings given those terms in section 1072 of title 10, United States Code.”
|
||||
|
||||
Comprehensive Standards and Access to Contraception Counseling for Members of the Armed ForcesPub. L. 114–92, div. A, title VII, § 718, Nov. 25, 2015, 129 Stat. 868, provided that: “(a) Clinical Practice Guidelines.—“(1) Establishment.—Not later than one year after the date of the enactment of this Act [Nov. 25, 2015], the Secretary of Defense shall establish clinical practice guidelines for health care providers employed by the Department of Defense on standards of care with respect to methods of contraception and counseling on methods of contraception for members of the Armed Forces. “(2) Updates.—The Secretary shall from time to time update the clinical practice guidelines established under paragraph (1) to incorporate into such guidelines new or updated standards of care with respect to methods of contraception and counseling on methods of contraception. “(b) Dissemination.—“(1) Initial dissemination.—As soon as practicable, but commencing not later than one year after the date of the enactment of this Act, the Secretary shall provide for rapid dissemination of the clinical practice guidelines to health care providers described in subsection (a)(1). “(2) Dissemination of updates.—As soon as practicable after each update to the clinical practice guidelines made by the Secretary pursuant to paragraph (2) of subsection (a), the Secretary shall provide for the rapid dissemination of such updated clinical practice guidelines to health care providers described in paragraph (1) of such subsection. “(3) Protocols.—The Secretary shall disseminate the clinical practice guidelines under paragraph (1) and any updates to such guidelines under paragraph (2) in accordance with administrative protocols developed by the Secretary for such purpose. “(c) Access to Contraception Counseling.—As soon as practicable after the date of the enactment of this Act, the Secretary shall ensure that women members of the Armed Forces have access to comprehensive counseling on the full range of methods of contraception provided by health care providers described in subsection (a)(1) during health care visits, including visits as follows:“(1) During predeployment health care visits, including counseling that provides specific information women need regarding the interaction between anticipated deployment conditions and various methods of contraception. “(2) During health care visits during deployment. “(3) During annual physical examinations.”
|
||||
|
||||
Defense Women’s Health Research ProgramPub. L. 103–337, div. A, title II, § 241, Oct. 5, 1994, 108 Stat. 2701, provided for the continuance of the Defense Women’s Health Research Program established pursuant to the authority in section 251 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 107 Stat. 1606, formerly set out below) and appropriated funds to the program for fiscal year 1995. Pub. L. 103–160, div. A, title II, § 251, Nov. 30, 1993, 107 Stat. 1606, authorized the Secretary of Defense to establish a Defense Women’s Health Research Center to serve as the coordinating agent for multidisciplinary and multi-institutional research within the Department of Defense on women’s health issues related to service in the Armed Forces and required the Secretary to report to Congress on the decision to establish the Center no later than May 1, 1994.
|
||||
|
||||
Report on Provision of Primary and Preventative Health Care Services for WomenPub. L. 103–160, div. A, title VII, § 735, Nov. 30, 1993, 107 Stat. 1698, directed the Secretary of Defense to prepare a report evaluating the provision of primary and preventive health care services through military medical treatment facilities and the Civilian Health and Medical Program of the Uniformed Services to female members of the uniformed services and female covered beneficiaries eligible for health care under this chapter, and directed the Secretary, as part of such report, to conduct a study to determine the health care needs of female members and female covered beneficiaries, and to submit such report to Congress not later than Oct. 1, 1994, and a revised report not later than Oct. 1, 1999.
|
||||
@@ -0,0 +1,59 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1074e"
|
||||
description: "Medical care: certain Reserves who served in Southwest Asia during the Persian Gulf Conflict"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
citation: "10 U.S.C. § 1074e"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1074e - Medical care: certain Reserves who served in Southwest Asia during the Persian Gulf Conflict
|
||||
|
||||
## Text
|
||||
|
||||
(a) Entitlement to Medical Care.— A member of the armed forces described in subsection (b) is entitled to medical care for a qualifying Persian Gulf symptom or illness to the same extent and under the same conditions (other than the requirement that the member be on active duty) as a member of a uniformed service who is entitled to such care under section 1074(a) of this title.
|
||||
|
||||
(b) Covered Members.— Subsection (a) applies to a member of a reserve component who—
|
||||
|
||||
(1) is a Persian Gulf veteran;
|
||||
|
||||
(2) has a qualifying Persian Gulf symptom or illness; and
|
||||
|
||||
(3) is not otherwise entitled to medical care for such symptom or illness under this chapter and is not otherwise eligible for hospital care and medical services for such symptom or illness under section 1710 of title 38.
|
||||
|
||||
(c) Definitions.— In this section:
|
||||
|
||||
(1) The term “Persian Gulf veteran” means a member of the armed forces who served on active duty in the Southwest Asia theater of operations during the Persian Gulf Conflict.
|
||||
|
||||
(2) The term “qualifying Persian Gulf symptom or illness” means, with respect to a member described in subsection (b), a symptom or illness—
|
||||
|
||||
(A) that the member registered before September 1, 1997, in the Comprehensive Clinical Evaluation Program of the Department of Defense and that is presumed under section 721(d) of the National Defense Authorization Act for Fiscal Year 1995 (10 U.S.C. 1074 note) to be a result of service in the Southwest Asia theater of operations during the Persian Gulf Conflict; or
|
||||
|
||||
(B) that the member registered before September 1, 1997, in the Persian Gulf War Veterans Health Registry maintained by the Department of Veterans Affairs pursuant to section 702 of the Persian Gulf War Veterans’ Health Status Act (38 U.S.C. 527 note).
|
||||
|
||||
(Added Pub. L. 105–85, div. A, title VII, § 764(a), Nov. 18, 1997, 111 Stat. 1825.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 721(d) of the National Defense Authorization Act for Fiscal Year 1995, referred to in subsec. (c)(2)(A), is section 721(d) of Pub. L. 103–337, which is set out as a note under section 1074 of this title. Section 702 of the Persian Gulf War Veterans’ Health Status Act, referred to in subsec. (c)(2)(B), is section 702 of Pub. L. 102–585, which is set out as a note under section 527 of Title 38, Veterans’ Benefits.
|
||||
@@ -0,0 +1,141 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1074f - Medical tracking system for members deployed overseas
|
||||
|
||||
## Text
|
||||
|
||||
(a) System Required.— The Secretary of Defense shall establish a system to assess the medical condition of members of the armed forces (including members of the reserve components) who are deployed outside the United States or its territories or possessions as part of a contingency operation (including a humanitarian operation, peacekeeping operation, or similar operation) or combat operation.
|
||||
|
||||
(b) Elements of System.— (1) (A) The system described in subsection (a) shall include the use of predeployment medical examinations and postdeployment medical examinations (including the assessment of mental health and the drawing of blood samples) and postdeployment health reassessments to—
|
||||
|
||||
(i) accurately record the health status of members before their deployment;
|
||||
|
||||
(ii) accurately record any changes in their health status during the course of their deployment;
|
||||
|
||||
(iii) identify health concerns, including mental health concerns, that may become manifest several months following their deployment; and
|
||||
|
||||
(iv) accurately record any exposure to occupational and environmental health risks during the course of their deployment.
|
||||
|
||||
(B) The postdeployment medical examination shall be conducted when the member is redeployed or otherwise leaves an area in which the system is in operation (or as soon as possible thereafter).
|
||||
|
||||
(C) The postdeployment health reassessment shall be conducted at an appropriate time during the period beginning 90 days after the member is redeployed and ending 180 days after the member is redeployed.
|
||||
|
||||
(2) The predeployment medical examination, postdeployment medical examination, and postdeployment health reassessment of a member of the armed forces required under paragraph (1) shall include the following:
|
||||
|
||||
(A) An assessment of the current treatment of the member and any use of psychotropic medications by the member for a mental health condition or disorder.
|
||||
|
||||
(B) An assessment of traumatic brain injury.
|
||||
|
||||
(C) An assessment of post-traumatic stress disorder.
|
||||
|
||||
(D) An assessment of whether the member was—
|
||||
|
||||
(i) based or stationed at a location where an open burn pit, as defined in subsection (c) of section 201 of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note), was used; or
|
||||
|
||||
(ii) exposed to toxic airborne chemicals or other airborne contaminants, including any information recorded as part of the registry established by the Secretary of Veterans Affairs under such section 201.
|
||||
|
||||
(3) (A) The Secretary shall establish for purposes of subparagraphs (B) and (C) of paragraph (2) a protocol for the predeployment assessment and documentation of the cognitive (including memory) functioning of a member who is deployed outside the United States in order to facilitate the assessment of the postdeployment cognitive (including memory) functioning of the member.
|
||||
|
||||
(B) The protocol under subparagraph (A) shall include appropriate mechanisms to permit the differential diagnosis of traumatic brain injury in members returning from deployment in a combat zone.
|
||||
|
||||
(c) Recordkeeping.— The results of all medical examinations and reassessments conducted under the system, records of all health care services (including immunizations and the prescription and administration of psychotropic medications) received by members described in subsection (a) in anticipation of their deployment or during the course of their deployment, and records of events occurring in the deployment area (including the results of any assessment performed by the Secretary of occupational and environmental health risks for such area) that may affect the health of such members shall be retained and maintained in a centralized location to improve future access to the records.
|
||||
|
||||
(d) Quality Assurance.— (1) The Secretary of Defense shall establish a quality assurance program to evaluate the success of the system in ensuring that members described in subsection (a) receive predeployment medical examinations, postdeployment medical examinations, and postdeployment health reassessments and that the recordkeeping requirements with respect to the system are met.
|
||||
|
||||
(2) The quality assurance program established under paragraph (1) shall also include the following elements:
|
||||
|
||||
(A) The types of healthcare providers conducting postdeployment health assessments and reassessments.
|
||||
|
||||
(B) The training received by such providers applicable to the conduct of such assessments and reassessments, including training on assessments and referrals relating to mental health.
|
||||
|
||||
(C) The guidance available to such providers on how to apply the clinical practice guidelines developed under subsection (e)(1) in determining whether to make a referral for further evaluation of a member of the armed forces relating to mental health.
|
||||
|
||||
(D) The effectiveness of the tracking mechanisms required under this section in ensuring that members who receive referrals for further evaluations relating to mental health receive such evaluations and obtain such care and services as are warranted.
|
||||
|
||||
(E) Programs established for monitoring the mental health of each member who, after deployment to a combat operation or contingency operations, is known—
|
||||
|
||||
(i) to have a mental health condition or disorder; or
|
||||
|
||||
(ii) to be receiving treatment, including psychotropic medications, for a mental health condition or disorder.
|
||||
|
||||
(F) The diagnosis and treatment of traumatic brain injury and post-traumatic stress disorder.
|
||||
|
||||
(e) Criteria for Referral for Further Evaluations.— The system described in subsection (a) shall include—
|
||||
|
||||
(1) development of clinical practice guidelines to be utilized by healthcare providers in determining whether to refer a member of the armed forces for further evaluation relating to mental health (including traumatic brain injury);
|
||||
|
||||
(2) mechanisms to ensure that healthcare providers are trained in the application of such clinical practice guidelines; and
|
||||
|
||||
(3) mechanisms for oversight to ensure that healthcare providers apply such guidelines consistently.
|
||||
|
||||
(f) Minimum Standards for Deployment.— (1) The Secretary of Defense shall prescribe in regulations minimum standards for mental health for the eligibility of a member of the armed forces for deployment to a combat operation or contingency operation.
|
||||
|
||||
(2) The standards required by paragraph (1) shall include the following:
|
||||
|
||||
(A) A specification of the mental health conditions, treatment for such conditions, and receipt of psychotropic medications for such conditions that preclude deployment of a member of the armed forces to a combat operation or contingency operation, or to a specified type of such operation.
|
||||
|
||||
(B) Guidelines for the deployability and treatment of members of the armed forces diagnosed with a severe mental illness, traumatic brain injury, or post traumatic stress disorder.
|
||||
|
||||
(3) The Secretary shall take appropriate actions to ensure the utilization of the standards prescribed under paragraph (1) in the making of determinations regarding the deployability of members of the armed forces to a combat operation or contingency operation.
|
||||
|
||||
(g) Additional Requirements for Postdeployment Medical Examinations and Health Reassessments.— (1) The Secretary of Defense shall standardize and make available to a provider that conducts a postdeployment medical examination or reassessment under the system described in subsection (a) questions relating to occupational and environmental health exposure.
|
||||
|
||||
(2) The Secretary, to the extent practicable, shall ensure that the medical record of a member includes information on the external cause relating to a diagnosis of the member, including by associating an external cause code (as issued under the International Statistical Classification of Diseases and Related Health Problems, 10th Revision (or any successor revision)).
|
||||
|
||||
(Added Pub. L. 105–85, div. A, title VII, § 765(a)(1), Nov. 18, 1997, 111 Stat. 1826; amended Pub. L. 109–364, div. A, title VII, § 738(a)–(d), Oct. 17, 2006, 120 Stat. 2303; Pub. L. 110–181, div. A, title XVI, § 1673(a)(1), (b), (c), Jan. 28, 2008, 122 Stat. 482, 483; Pub. L. 111–84, div. A, title X, § 1073(a)(9), Oct. 28, 2009, 123 Stat. 2472; Pub. L. 111–383, div. A, title VII, § 712, Jan. 7, 2011, 124 Stat. 4247; Pub. L. 116–92, div. A, title VII, §§ 704(c), 705(a), (b), Dec. 20, 2019, 133 Stat. 1438–1440.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2019—Subsec. (b)(1)(A)(iv). Pub. L. 116–92, § 705(a)(1), added cl. (iv). Subsec. (b)(2)(D). Pub. L. 116–92, § 704(c), added subpar. (D). Subsec. (c). Pub. L. 116–92, § 705(a)(2), inserted “(including the results of any assessment performed by the Secretary of occupational and environmental health risks for such area)” after “deployment area”. Subsec. (g). Pub. L. 116–92, § 705(b), added subsec. (g). 2011—Subsec. (b)(1). Pub. L. 111–383, § 712(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The system described in subsection (a) shall include the use of predeployment medical examinations and postdeployment medical examinations (including an assessment of mental health and the drawing of blood samples) to accurately record the medical condition of members before their deployment and any changes in their medical condition during the course of their deployment. The postdeployment examination shall be conducted when the member is redeployed or otherwise leaves an area in which the system is in operation (or as soon as possible thereafter).” Subsec. (b)(2). Pub. L. 111–383, § 712(b), substituted “medical examination, postdeployment medical examination, and postdeployment health reassessment” for “and postdeployment medical examination” in introductory provisions. Subsec. (c). Pub. L. 111–383, § 712(c), inserted “and reassessments” after “medical examinations” and “and the prescription and administration of psychotropic medications” after “including immunizations”. Subsec. (d)(1). Pub. L. 111–383, § 712(d)(1), substituted “, postdeployment medical examinations, and postdeployment health reassessments” for “and postdeployment medical examinations”. Subsec. (d)(2)(A). Pub. L. 111–383, § 712(d)(2)(A), inserted “and reassessments” after “postdeployment health assessments”. Subsec. (d)(2)(B). Pub. L. 111–383, § 712(d)(2)(B), inserted “and reassessments” after “such assessments”. 2009—Subsec. (f)(3). Pub. L. 111–84 substituted “contingency” for “continency”. 2008—Subsec. (b)(2)(C). Pub. L. 110–181, § 1673(a)(1)(A), added subpar. (C). Subsec. (b)(3). Pub. L. 110–181, § 1673(a)(1)(B), added par. (3). Subsec. (d)(2)(F). Pub. L. 110–181, § 1673(b), added subpar. (F). Subsec. (f). Pub. L. 110–181, § 1673(c)(1), struck out “Mental Health” after “Minimum” in heading. Subsec. (f)(2)(B). Pub. L. 110–181, § 1673(c)(2), substituted “, traumatic brain injury, or” for “or”. 2006—Subsec. (b). Pub. L. 109–364, § 738(a), designated existing provisions as par. (1) and added par. (2). Subsec. (d). Pub. L. 109–364, § 738(d), designated existing provisions as par. (1) and added par. (2). Subsec. (e). Pub. L. 109–364, § 738(b), added subsec. (e). Subsec. (f). Pub. L. 109–364, § 738(c), added subsec. (f).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Inclusion of Information on Exposure to Open Burn Pits in Postdeployment Health ReassessmentsPub. L. 116–283, div. A, title VII, § 721, Jan. 1, 2021, 134 Stat. 3698, provided that: “(a) In General.—The Secretary of Defense shall include in postdeployment health reassessments conducted under section 1074f of title 10, United States Code, pursuant to a Department of Defense Form 2796, or successor form, an explicit question regarding exposure of members of the Armed Forces to open burn pits. “(b) Inclusion in Assessments by Military Departments.—The Secretary of Defense shall ensure that the Secretary of each military department includes a question regarding exposure of members of the Armed Forces to open burn pits in any electronic postdeployment health assessment conducted by that military department. “(c) Open Burn Pit Defined.—In this section, the term ‘open burn pit’ has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).”
|
||||
|
||||
Exposure to Open Burn Pits and Toxic Airborne Chemicals or Other Airborne Contaminants as Part of Periodic Health Assessments and Other Physical ExaminationsPub. L. 116–92, div. A, title VII, § 704, Dec. 20, 2019, 133 Stat. 1438, provided that: “(a) Periodic Health Assessment.—The Secretary of Defense shall ensure that any periodic health assessment provided to members of the Armed Forces includes an evaluation of whether the member has been—“(1) based or stationed at a location where an open burn pit was used; or “(2) exposed to toxic airborne chemicals or other airborne contaminants, including any information recorded as part of the Airborne Hazards and Open Burn Pit Registry. “(b) Separation History and Physical Examinations.— [Amended section 1145 of this title.] “(c) Deployment Assessments.— [Amended this section.] “(d) Sharing of Information.—“(1) DOD–VA.—The Secretary of Defense and the Secretary of Veterans Affairs shall jointly enter into a memorandum of understanding providing for the sharing by the Department of Defense with the Department of Veterans Affairs of the results of covered evaluations regarding the exposure by a member of the Armed Forces to toxic airborne chemicals or other airborne contaminants. “(2) Registry.—If a covered evaluation of a member of the Armed Forces establishes that the member was based or stationed at a location where an open burn pit was used or that the member was exposed to toxic airborne chemicals or other airborne contaminants, the member shall be enrolled in the Airborne Hazards and Open Burn Pit Registry unless the member elects to not so enroll. “(e) Rule of Construction.—Nothing in this section may be construed to preclude eligibility for benefits under the laws administered by the Secretary of Veterans Affairs by reason of the open burn pit exposure history of a veteran not being recorded in a covered evaluation. “(f) Definitions.—In this section:“(1) The term ‘Airborne Hazards and Open Burn Pit Registry’ means the registry established by the Secretary of Veterans Affairs under section 201 of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note). “(2) The term ‘covered evaluation’ means—“(A) a periodic health assessment conducted in accordance with subsection (a); “(B) a separation history and physical examination conducted under section 1145(a)(5) of title 10, United States Code, as amended by this section; and “(C) a deployment assessment conducted under section 1074f(b)(2) of such title, as amended by this section. “(3) The term ‘open burn pit’ has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).”
|
||||
|
||||
[Amended section 1145 of this title.]
|
||||
|
||||
[Amended this section.]
|
||||
|
||||
Sharing Between Department of Defense and Department of Veterans Affairs of Records and Information Retained Under the Medical Tracking System for Members of the Armed Forces Deployed OverseasPub. L. 112–239, div. A, title VII, § 723, Jan. 2, 2013, 126 Stat. 1805, provided that: “(a) In General.—The Secretary of Defense and the Secretary of Veterans Affairs shall jointly enter into a memorandum of understanding providing for the sharing by the Department of Defense with the Department of Veterans Affairs of the results of examinations and other records on members of the Armed Forces that are retained and maintained with respect to the medical tracking system for members deployed overseas under section 1074f(c) of title 10, United States Code. “(b) Cessation Upon Implementation of Electronic Health Record.—The sharing required pursuant to subsection (a) shall cease on the date on which the Secretary of Defense and the Secretary of Veterans Affairs jointly certify to Congress that the Secretaries have fully implemented an integrated electronic health record for members of the Armed Forces that is fully interoperable between the Department of Defense and the Department of Veterans Affairs.”
|
||||
|
||||
Comprehensive Policy on Consistent Neurological Cognitive Assessments of Members of the Armed Forces Before and After DeploymentPub. L. 111–383, div. A, title VII, § 722, Jan. 7, 2011, 124 Stat. 4251, provided that: “(a) Comprehensive Policy Required.—Not later than January 31, 2011, the Secretary of Defense shall develop and implement a comprehensive policy on consistent neurological cognitive assessments of members of the Armed Forces before and after deployment. “(b) Updates.—The Secretary shall revise the policy required by subsection (a) on a periodic basis in accordance with experience and evolving best practice guidelines.”
|
||||
|
||||
Mental Health Assessments for Members of the Armed Forces Deployed in Connection With a Contingency OperationPub. L. 111–84, div. A, title VII, § 708, Oct. 28, 2009, 123 Stat. 2376, which required the Secretary of Defense to issue guidance for the provision of mental health assessments for members of the Armed Forces deployed in connection with a contingency operation, was repealed by Pub. L. 112–81, div. A, title VII, § 702(b), Dec. 31, 2011, 125 Stat. 1471.
|
||||
|
||||
Administration and Prescription of Psychotropic Medications for Members of the Armed Forces Before and During DeploymentPub. L. 111–84, div. A, title VII, § 712, Oct. 28, 2009, 123 Stat. 2379, provided that: “(a) Report Required.—Not later than October 1, 2010, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the implementation of policy guidance dated November 7, 2006, regarding deployment-limiting psychiatric conditions and medications. “(b) Policy Required.—Not later than October 1, 2010, the Secretary shall establish and implement a policy for the use of psychotropic medications for deployed members of the Armed Forces. The policy shall, at a minimum, address the following:“(1) The circumstances or diagnosed conditions for which such medications may be administered or prescribed. “(2) The medical personnel who may administer or prescribe such medications. “(3) The method in which the administration or prescription of such medications will be documented in the medical records of members of the Armed Forces. “(4) The exam, treatment, or other care that is required following the administration or prescription of such medications.”
|
||||
|
||||
Pilot ProjectsPub. L. 110–181, div. A, title XVI, § 1673(a)(2), Jan. 28, 2008, 122 Stat. 482, directed the Secretary of Defense to conduct three pilot projects to evaluate mechanisms for use in developing the traumatic brain injury assessment protocol required by section 1074f(b)(3) of this title and, upon the completion of the projects, required a report to Congress within 60 days and implementation of the selected mechanism within 180 days.
|
||||
|
||||
ImplementationPub. L. 109–364, div. A, title VII, § 738(f), Oct. 17, 2006, 120 Stat. 2304, provided that: “The Secretary of Defense shall implement the requirements of the amendments made by this section [amending this section] not later than six months after the date of the enactment of this Act [Oct. 17, 2006].”
|
||||
|
||||
Interim Standards for Blood SamplingPub. L. 108–375, div. A, title VII, § 733(b), Oct. 28, 2004, 118 Stat. 1998, as amended by Pub. L. 109–364, div. A, title X, § 1071(g)(9), Oct. 17, 2006, 120 Stat. 2402, provided that: “(1) Time requirements.—Subject to paragraph (2), the Secretary of Defense shall require that—“(A) the blood samples necessary for the predeployment medical examination of a member of the Armed Forces required under section 1074f(b) of title 10, United States Code, be drawn not earlier than 120 days before the date of the deployment; and “(B) the blood samples necessary for the postdeployment medical examination of a member of the Armed Forces required under such section 1074f(b) of such title be drawn not later than 30 days after the date on which the deployment ends. “(2) Contingent applicability.—The standards under paragraph (1) shall apply unless the Joint Medical Readiness Oversight Committee established by section 731(b) [10 U.S.C. 1074 note] recommends, and the Secretary approves, different standards for blood sampling.”
|
||||
File diff suppressed because one or more lines are too long
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1074h - Medical and dental care: medal of honor recipients; dependents
|
||||
|
||||
## Text
|
||||
|
||||
(a) Medal of Honor Recipients.— A former member of the armed forces who is a Medal of Honor recipient and who is not otherwise entitled to medical and dental benefits under this chapter may, upon request, be given medical and dental care provided by the administering Secretaries in the same manner as if entitled to retired pay.
|
||||
|
||||
(b) Immediate Dependents.— A person who is an immediate dependent of a Medal of Honor recipient and who is not otherwise entitled to medical and dental benefits under this chapter may, upon request, be given medical and dental care provided by the administering Secretaries in the same manner as if the Medal of Honor recipient were, or (if deceased) was at the time of death, entitled to retired pay.
|
||||
|
||||
(c) Definitions.— In this section:
|
||||
|
||||
(1) The term “Medal of Honor recipient” means a person who has been awarded a medal of honor under section 7271, 8291, or 9271 of this title or section 2732 of title 14.
|
||||
|
||||
(2) The term “immediate dependent” means a dependent described in subparagraph (A), (B), (C), or (D) of section 1072(2) of this title.
|
||||
|
||||
(Added Pub. L. 106–398, § 1 [[div. A], title VII, § 706(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–175; amended Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840; Pub. L. 118–31, div. A, title XVIII, § 1801(a)(11), Dec. 22, 2023, 137 Stat. 684.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2023—Subsec. (c)(1). Pub. L. 118–31, § 1801(a)(11), substituted “section 2732 of title 14” for “section 491 of title 14”. 2018—Subsec. (c)(1). Pub. L. 115–232 substituted “section 7271, 8291, or 9271” for “section 3741, 6241, or 8741”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
|
||||
|
||||
Effective DatePub. L. 106–398, § 1 [[div. A], title VII, § 706(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–175, provided that: “Section 1074h of title 10, United States Code, shall apply with respect to medical and dental care provided on or after the date of the enactment of this Act [Oct. 30, 2000].”
|
||||
@@ -0,0 +1,65 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
citation: "10 U.S.C. § 1074i"
|
||||
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|
||||
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|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1074i - Reimbursement for certain travel expenses
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— Except as provided by subsection (b), in any case in which a covered beneficiary is referred by a primary care physician to a specialty care provider who provides services more than 100 miles from the location in which the primary care provider provides services to the covered beneficiary, the Secretary of Defense shall provide travel and transportation allowances as specified in regulations prescribed under section 464 of title 37 for the covered beneficiary and, when accompaniment by an adult is necessary, for a parent or guardian of the covered beneficiary or another member of the covered beneficiary’s family who is at least 21 years of age.
|
||||
|
||||
(b) Special Rules for Certain Members and Dependents.— (1) The Secretary of Defense may provide travel and transportation allowances as specified in the regulations referred to in subsection (a) for travel of members of the armed forces on active duty and their dependents, and accompaniment, to a specialty care provider not otherwise authorized by subsection (a) under such exceptional circumstances as the Secretary considers appropriate for purposes of this section.
|
||||
|
||||
(2) With respect to members of the armed forces on active duty and their dependents, the Secretary shall administer subsection (a) by substituting “75 miles” for “100 miles”.
|
||||
|
||||
(c) Outreach Program and Travel Reimbursement for Follow-on Specialty Care and Related Services.— The Secretary concerned shall ensure that an outreach program is implemented for each member of the uniformed services who incurred a combat-related disability and is entitled to retired or retainer pay, or equivalent pay, so that—
|
||||
|
||||
(1) the progress of the member is closely monitored; and
|
||||
|
||||
(2) the member receives the travel reimbursement authorized by subsection (a) whenever the member requires follow-on specialty care, services, or supplies.
|
||||
|
||||
(d) Definitions.— In this section:
|
||||
|
||||
(1) The term “specialty care provider” includes a dental specialist.
|
||||
|
||||
(2) The term “dental specialist” means an oral surgeon, orthodontist, prosthodontist, periodontist, endodontist, or pediatric dentist, and includes such other providers of dental care and services as determined appropriate by the Secretary of Defense.
|
||||
|
||||
(3) The term “combat-related disability” has the meaning given that term in section 1413a of this title.
|
||||
|
||||
(Added Pub. L. 106–398, § 1 [[div. A], title VII, § 758(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–199; amended Pub. L. 107–107, div. A, title VII, § 706, Dec. 28, 2001, 115 Stat. 1163; Pub. L. 108–136, div. A, title VII, § 712, Nov. 24, 2003, 117 Stat. 1530; Pub. L. 110–181, div. A, title XVI, § 1632(a), (b), Jan. 28, 2008, 122 Stat. 458, 459; Pub. L. 111–84, div. A, title VI, § 634, Oct. 28, 2009, 123 Stat. 2363; Pub. L. 113–66, div. A, title VI, § 621(d), Dec. 26, 2013, 127 Stat. 784; Pub. L. 119–60, div. A, title VII, § 701(a), Dec. 18, 2025, 139 Stat. 918.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2025—Subsec. (a). Pub. L. 119–60, § 701(a)(1), substituted “Except as provided by subsection (b), in any case” for “In any case”. Subsec. (b). Pub. L. 119–60, § 701(a)(2), substituted “Special Rules for Certain Members and Dependents” for “Allowable Travel and Transportation Under Exceptional Circumstances” in heading, designated existing provisions as par. (1), and added par. (2). 2013—Subsec. (a). Pub. L. 113–66, § 621(d)(1), substituted “travel and transportation allowances as specified in regulations prescribed under section 464 of title 37” for “reimbursement for reasonable travel expenses”. Subsec. (b). Pub. L. 113–66, § 621(d)(2), substituted “Allowable Travel and Transportation Under Exceptional Circumstances.—The Secretary of Defense may provide travel and transportation allowances as specified in the regulations referred to in subsection (a) for” for “Reimbursement for Travel Under Exceptional Circumstances.—The Secretary of Defense may provide reimbursement for reasonable travel expenses of”. 2009—Subsec. (a). Pub. L. 111–84, § 634(b), inserted “of Defense” after “the Secretary”. Subsecs. (b) to (d). Pub. L. 111–84, § 634(a), added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively. 2008—Subsecs. (b), (c). Pub. L. 110–181, § 1632(a), added subsec. (b) and redesignated former subsec. (b) as (c). Subsec. (c)(3). Pub. L. 110–181, § 1632(b), added par. (3). 2003—Pub. L. 108–136 inserted “(a) In General.—” before “In any case” and added subsec. (b). 2001—Pub. L. 107–107 inserted before period at end “and, when accompaniment by an adult is necessary, for a parent or guardian of the covered beneficiary or another member of the covered beneficiary’s family who is at least 21 years of age”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2008 AmendmentPub. L. 110–181, div. A, title XVI, § 1632(c), Jan. 28, 2008, 122 Stat. 459, provided that: “Subsection (b) of section 1074i of title 10, United States Code, as added by subsection (a)(2), shall apply with respect to travel described in subsection (a) of such section that occurs on or after January 1, 2008, for follow-on specialty care, services, or supplies.”
|
||||
|
||||
Guidance on Authority To Provide Travel and Transportation Allowances for Specialty Care Under Exceptional CircumstancesPub. L. 118–159, div. A, title VII, § 706, Dec. 23, 2024, 138 Stat. 1944, provided that: “Not later than one year after the date of the enactment of this Act [Dec. 23, 2024], the Secretary of Defense shall issue guidance with respect to the authority of the Secretary under section 1074i(b) of title 10, United States Code.”
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
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|
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||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1074j - Sub-acute care program
|
||||
|
||||
## Text
|
||||
|
||||
(a) Establishment.— The Secretary of Defense shall establish an effective, efficient, and integrated sub-acute care benefits program under this chapter (hereinafter referred to in this section as the “program”). Except as otherwise provided in this section, the types of health care authorized under the program shall be the same as those provided under section 1079 of this title. The Secretary, after consultation with the other administering Secretaries, shall promulgate regulations to carry out this section.
|
||||
|
||||
(b) Benefits.— (1) The program shall include a uniform skilled nursing facility benefit that shall be provided in the manner and under the conditions described in section 1861 (h) and (i) of the Social Security Act (42 U.S.C. 1395x (h) and (i)), except that the limitation on the number of days of coverage under section 1812 (a) and (b) of such Act (42 U.S.C. 1395d (a) and (b)) shall not be applicable under the program. Skilled nursing facility care for each spell of illness shall continue to be provided for as long as medically necessary and appropriate.
|
||||
|
||||
(2) In this subsection:
|
||||
|
||||
(A) The term “skilled nursing facility” has the meaning given such term in section 1819(a) of the Social Security Act (42 U.S.C. 1395i–3(a)).
|
||||
|
||||
(B) The term “spell of illness” has the meaning given such term in section 1861(a) of such Act (42 U.S.C. 1395x(a)).
|
||||
|
||||
(3) The program shall include a comprehensive, part-time or intermittent home health care benefit that shall be provided in the manner and under the conditions described in section 1861(m) of the Social Security Act (42 U.S.C. 1395x(m)).
|
||||
|
||||
(4) The Secretary of Defense may take such actions as are necessary to ensure that there is an effective transition in the furnishing of part-time or intermittent home health care benefits for covered beneficiaries who were receiving such benefits before the establishment of the program under this section. The actions taken under this paragraph may include the continuation of such benefits on an extended basis for such time as the Secretary determines appropriate.
|
||||
|
||||
(Added Pub. L. 107–107, div. A, title VII, § 701(a)(1), Dec. 28, 2001, 115 Stat. 1158; amended Pub. L. 108–375, div. A, title VII, § 713, Oct. 28, 2004, 118 Stat. 1985.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2004—Subsec. (b)(4). Pub. L. 108–375 added par. (4).
|
||||
@@ -0,0 +1,35 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1074k - Long-term care insurance
|
||||
|
||||
## Text
|
||||
|
||||
Provisions regarding long-term care insurance for members and certain former members of the uniformed services and their families are set forth in chapter 90 of title 5.
|
||||
|
||||
(Added Pub. L. 107–107, div. A, title VII, § 701(f)(1), Dec. 28, 2001, 115 Stat. 1161.)
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1074l"
|
||||
description: "Notification to Congress of hospitalization of combat wounded members"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
section: "1074l"
|
||||
citation: "10 U.S.C. § 1074l"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
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|
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1074l - Notification to Congress of hospitalization of combat wounded members
|
||||
|
||||
## Text
|
||||
|
||||
(a) Notification Required.— The Secretary concerned shall provide notification of the hospitalization of any member of the armed forces evacuated from a theater of combat and admitted to any military medical treatment facility to the appropriate Members of Congress.
|
||||
|
||||
(b) Appropriate Members.— In this section, the term “appropriate Members of Congress”, with respect to the member of the armed forces about whom notification is being made, means the Senators representing the State, and the Member, Delegate, or Resident Commissioner of the House of Representatives representing the district, that includes the member’s home of record or a different location as provided by the member.
|
||||
|
||||
(c) Consent of Member Required.— The notification under subsection (a) may be provided only with the consent of the member of the armed forces about whom notification is to be made. In the case of a member who is unable to provide consent, information and consent may be provided by next of kin.
|
||||
|
||||
(Added Pub. L. 110–181, div. A, title XVI, § 1617(a)(1), Jan. 28, 2008, 122 Stat. 449; amended Pub. L. 115–232, div. A, title VII, § 720, Aug. 13, 2018, 132 Stat. 1817.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2018—Subsec. (a). Pub. L. 115–232 substituted “admitted to any military medical treatment facility” for “admitted to a military treatment facility within the United States”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2008 AmendmentPub. L. 110–181, div. A, title XVI, § 1617(a)(2), Jan. 28, 2008, 122 Stat. 449, provided that: “The notification requirement under section 1074l(a) of title 10, United States Code, as added by paragraph (1), shall apply beginning 60 days after the date of the enactment of this Act [Jan. 28, 2008].”
|
||||
@@ -0,0 +1,107 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1074m"
|
||||
description: "Mental health assessments for members of the armed forces deployed in support of a contingency operation"
|
||||
jurisdiction: "us"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "55"
|
||||
chapter_name: "MEDICAL AND DENTAL CARE"
|
||||
section: "1074m"
|
||||
citation: "10 U.S.C. § 1074m"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1074m - Mental health assessments for members of the armed forces deployed in support of a contingency operation
|
||||
|
||||
## Text
|
||||
|
||||
(a) Mental Health Assessments.— (1) The Secretary of Defense shall provide a person-to-person mental health assessment for each member of the armed forces who is deployed in support of a contingency operation as follows:
|
||||
|
||||
(A) Once during the period beginning 120 days before the date of the deployment.
|
||||
|
||||
(B) Once during each 180-day period during which a member is deployed.
|
||||
|
||||
(C) Subject to paragraph (3) and subsection (d), once during the period beginning on the date of redeployment from the contingency operation and ending on the date that is 21 days after the date on which the post-deployment leave of the member terminates.
|
||||
|
||||
(D) Subject to subsection (d), not less than once annually—
|
||||
|
||||
(i) beginning 21 days after the date on which the post-deployment leave of the member terminates; or
|
||||
|
||||
(ii) if the assessment required by subparagraph (C) is performed during the period specified in paragraph (3), beginning 180 days after the date of redeployment from the contingency operation.
|
||||
|
||||
(2) A mental health assessment is not required for a member of the armed forces under subparagraphs (C) and (D) of paragraph (1) (including an assessment performed pursuant to paragraph (3)) if the Secretary determines that providing such assessment to the member during the time periods under such subparagraphs would remove the member from forward deployment or put members or operational objectives at risk.
|
||||
|
||||
(3) A mental health assessment required under subparagraph (C) of paragraph (1) may be provided during the period beginning 90 days after the date of redeployment from the contingency operation and ending 180 days after such redeployment date if the Secretary determines that—
|
||||
|
||||
(A) an insufficient number of personnel are available to perform the assessment during the time period under such subparagraph; or
|
||||
|
||||
(B) an administrative processing issue exists upon the return of the member to the home unit or duty station that would prohibit the effective performance of the assessment during such time period.
|
||||
|
||||
(b) Purpose.— The purpose of the mental health assessments provided pursuant to this section shall be to identify post-traumatic stress disorder, suicidal tendencies, and other behavioral health conditions identified among members described in subsection (a) in order to determine which such members are in need of additional care and treatment for such health conditions.
|
||||
|
||||
(c) Elements.— (1) The mental health assessments provided pursuant to this section shall—
|
||||
|
||||
(A) be performed by personnel trained and certified to perform such assessments and may be performed—
|
||||
|
||||
(i) by licensed mental health professionals if such professionals are available and the use of such professionals for the assessments would not impair the capacity of such professionals to perform higher priority tasks;
|
||||
|
||||
(ii) by personnel in deployed units whose responsibilities include providing unit health care services if such personnel are available and the use of such personnel for the assessments would not impair the capacity of such personnel to perform higher priority tasks; and
|
||||
|
||||
(iii) by personnel at private facilities in accordance with section 1074(c) of this title;
|
||||
|
||||
(B) include a person-to-person dialogue between members described in subsection (a) and the professionals or personnel described by subparagraph (A), as applicable, on such matters as the Secretary shall specify in order that the assessments achieve the purpose specified in subsection (b) for such assessments;
|
||||
|
||||
(C) be conducted in a private setting to foster trust and openness in discussing sensitive health concerns;
|
||||
|
||||
(D) be provided in a consistent manner across the military departments; and
|
||||
|
||||
(E) include a review of the health records of the member that are related to each previous deployment of the member or other relevant activities of the member while serving in the armed forces, as determined by the Secretary.
|
||||
|
||||
(2) The Secretary may treat periodic health assessments and other person-to-person assessments that are provided to members of the armed forces, including examinations under section 1074f of this title, as meeting the requirements for mental health assessments required under this section if the Secretary determines that such assessments and person-to-person assessments meet the requirements for mental health assessments established by this section.
|
||||
|
||||
(d) Cessation of Assessments.— No mental health assessment is required to be provided to an individual under subparagraph (C) or (D) of subsection (a)(1) after the individual’s discharge or release from the armed forces.
|
||||
|
||||
(e) Sharing of Information.— (1) The Secretary of Defense shall share with the Secretary of Veterans Affairs such information on members of the armed forces that is derived from confidential mental health assessments, including mental health assessments provided pursuant to this section and section 1074n of this title and health assessments and other person-to-person assessments provided before the date of the enactment of this section, as the Secretary of Defense and the Secretary of Veterans Affairs jointly consider appropriate to ensure continuity of mental health care and treatment of members of the armed forces during the transition from health care and treatment provided by the Department of Defense to health care and treatment provided by the Department of Veterans Affairs.
|
||||
|
||||
(2) Any sharing of information under paragraph (1) shall occur pursuant to a protocol jointly established by the Secretary of Defense and the Secretary of Veterans Affairs for purposes of this subsection. Any such protocol shall be consistent with the following:
|
||||
|
||||
(A) Applicable provisions of the Wounded Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 note), including section 1614 of such Act (122 Stat. 443; 10 U.S.C. 1071 note).
|
||||
|
||||
(B) Section 1720F of title 38.
|
||||
|
||||
(3) Before each mental health assessment is conducted under subsection (a), the Secretary of Defense shall ensure that the member is notified of the sharing of information with the Secretary of Veterans Affairs under this subsection.
|
||||
|
||||
(f) Regulations.— (1) The Secretary of Defense, in consultation with the other administering Secretaries, shall prescribe regulations for the administration of this section.
|
||||
|
||||
(2) Not later than 270 days after the date of the issuance of the regulations prescribed under paragraph (1), the Secretary shall notify the congressional defense committees of the implementation of the regulations by the military departments.
|
||||
|
||||
(Added Pub. L. 112–81, div. A, title VII, § 702(a)(1), Dec. 31, 2011, 125 Stat. 1469; amended Pub. L. 112–239, div. A, title VII, § 703, Jan. 2, 2013, 126 Stat. 1800; Pub. L. 113–291, div. A, title VII, § 701(a)(5), (b), title X, § 1071(f)(13), Dec. 19, 2014, 128 Stat. 3409, 3510; Pub. L. 115–232, div. A, title VII, § 701, Aug. 13, 2018, 132 Stat. 1804; Pub. L. 116–92, div. A, title VII, § 706(a)–(c), Dec. 20, 2019, 133 Stat. 1440, 1441.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe date of the enactment of this section, referred to in subsec. (e)(1), is the date of enactment of Pub. L. 112–81, which was approved Dec. 31, 2011.
|
||||
|
||||
Amendments2019—Subsec. (a)(1)(B). Pub. L. 116–92, § 706(c), substituted “Once” for “Until January 1, 2019, once”. Subsec. (a)(1)(C), (D). Pub. L. 116–92, § 706(a), added subpars. (C) and (D) and struck out former subpars. (C) and (D) which read as follows: “(C) Subject to subsection (d), once during the period beginning 90 days after the date of redeployment from the contingency operation and ending 180 days after such redeployment date. “(D) Subject to subsection (d), not later than once during each of— “(i) the period beginning 180 days after the date of redeployment from the contingency operation and ending 18 months after such redeployment date; and “(ii) the period beginning 18 months after such redeployment date and ending 30 months after such redeployment date.” Subsec. (a)(2), (3). Pub. L. 116–92, § 706(b), added pars. (2) and (3) and struck out former par. (2) which read as follows: “A mental health assessment is not required for a member of the armed forces under subparagraphs (C) and (D) of paragraph (1) if the Secretary determines that— “(A) the member was not subjected or exposed to operational risk factors during deployment in the contingency operation concerned; or “(B) providing such assessment to the member during the time periods under such subparagraphs would remove the member from forward deployment or put members or operational objectives at risk.” 2018—Subsec. (a)(1)(C). Pub. L. 115–232, § 701(1), substituted “Subject to subsection (d), once” for “Once”. Subsec. (d). Pub. L. 115–232, § 701(2), which directed substitution of “subparagraph (C) or (D) of subsection (a)(1)” for “subsection (a)(1)(D)”, was executed by making the substitution for “subsection (a)(1)(C)” to reflect the probable intent of Congress. 2014—Subsec. (a)(1)(B) to (D). Pub. L. 113–291, § 701(b)(1)(A), added subpar. (B) and redesignated former subpars. (B) and (C) as (C) and (D), respectively. Subsec. (a)(2). Pub. L. 113–291, § 1071(f)(13), which directed substitution of “subparagraphs” for “subparagraph” in introductory provisions, could not be executed because of the prior amendment by Pub. L. 113–291, § 701(b)(2). See below. Pub. L. 113–291, § 701(b)(2), substituted “subparagraphs (C) and (D)” for “subparagraph (B) and (C)” in introductory provisions. Subsec. (c)(1)(A)(ii), (iii). Pub. L. 113–291, § 701(b)(1)(B), added cl. (ii) and redesignated former cl. (ii) as (iii). Subsec. (e)(1). Pub. L. 113–291, § 701(a)(5), inserted “and section 1074n of this title” after “pursuant to this section”. 2013—Subsec. (a)(1)(C)(i). Pub. L. 112–239 substituted “18 months” for “one year”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2019 AmendmentPub. L. 116–92, div. A, title VII, § 706(d), Dec. 20, 2019, 133 Stat. 1441, provided that: “The amendments made by subsections (a) and (b) [amending this section] shall apply with respect to a date of redeployment that is on or after January 1, 2020.”
|
||||
|
||||
RegulationsPub. L. 112–81, div. A, title VII, § 702(a)(3), Dec. 31, 2011, 125 Stat. 1471, provided that: “The Secretary of Defense shall prescribe an interim final rule with respect to the amendment made by paragraph (1) [enacting this section], effective not later than 90 days after the date of the enactment of this Act [Dec. 31, 2011].”
|
||||
@@ -0,0 +1,63 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1074n"
|
||||
description: "Annual mental health assessments for members of the armed forces"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "55"
|
||||
chapter_name: "MEDICAL AND DENTAL CARE"
|
||||
section: "1074n"
|
||||
citation: "10 U.S.C. § 1074n"
|
||||
status: "current"
|
||||
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|
||||
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|
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1074n - Annual mental health assessments for members of the armed forces
|
||||
|
||||
## Text
|
||||
|
||||
(a) Mental Health Assessments.— Subject to subsection (c), not less frequently than once each calendar year (and before separation from active duty pursuant to section 1145(a)(5)(A) of this title), the Secretary of Defense shall provide a person-to-person mental health assessment for—
|
||||
|
||||
(1) each member of a regular component of the armed forces; and
|
||||
|
||||
(2) each member of the Selected Reserve of an armed force.
|
||||
|
||||
(b) Elements.— The mental health assessments provided pursuant to this section shall—
|
||||
|
||||
(1) be conducted in accordance with the requirements of subsection (c)(1) of section 1074m of this title with respect to a mental health assessment provided pursuant to such section; and
|
||||
|
||||
(2) include a review of the health records of the member that are related to each previous health assessment or other relevant activities of the member while serving in the armed forces, as determined by the Secretary.
|
||||
|
||||
(c) Sufficiency of Other Mental Health Assessments.— (1) The Secretary is not required to provide a mental health assessment pursuant to this section to an individual in a calendar year in which the individual has received a mental health assessment pursuant to section 1074m of this title.
|
||||
|
||||
(2) The Secretary may treat periodic health assessments and other person-to-person assessments that are provided to members of the armed forces, including examinations under section 1074f of this title, as meeting the requirements for mental health assessments required under this section if the Secretary determines that such assessments and person-to-person assessments meet the requirements for mental health assessments established by this section.
|
||||
|
||||
(d) Privacy Matters.— Any medical or other personal information obtained under this section shall be protected from disclosure or misuse in accordance with the laws on privacy applicable to such information.
|
||||
|
||||
(e) Regulations.— The Secretary of Defense shall, in consultation with the other administering Secretaries, prescribe regulations for the administration of this section.
|
||||
|
||||
(Added Pub. L. 113–291, div. A, title VII, § 701(a)(1), Dec. 19, 2014, 128 Stat. 3408; amended Pub. L. 115–91, div. A, title VII, § 706(b), Dec. 12, 2017, 131 Stat. 1436.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2017—Subsec. (a). Pub. L. 115–91 inserted “(and before separation from active duty pursuant to section 1145(a)(5)(A) of this title)” after “each calendar year” in introductory provisions.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Implementation of RegulationsPub. L. 113–291, div. A, title VII, § 701(a)(3), Dec. 19, 2014, 128 Stat. 3409, provided that: “Not later than 180 days after the date of the issuance of the regulations prescribed under section 1074n(e) of title 10, United States Code, as added by paragraph (1), the Secretary of Defense shall implement such regulations.”
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
section: "1074o"
|
||||
citation: "10 U.S.C. § 1074o"
|
||||
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|
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|
||||
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|
||||
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confidence: "official"
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1074o - Provision of hyperbaric oxygen therapy for certain members
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— The Secretary may furnish hyperbaric oxygen therapy available at a military medical treatment facility to a covered member if such therapy is prescribed by a physician to treat post-traumatic stress disorder or traumatic brain injury.
|
||||
|
||||
(b) Covered Member Defined.— In this section, the term “covered member” means a member of the armed forces who is—
|
||||
|
||||
(1) serving on active duty; and
|
||||
|
||||
(2) diagnosed with post-traumatic stress disorder or traumatic brain injury.
|
||||
|
||||
(Added Pub. L. 115–91, div. A, title VII, § 703(a)(1), Dec. 12, 2017, 131 Stat. 1435.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatePub. L. 115–91, div. A, title VII, § 703(b), Dec. 12, 2017, 131 Stat. 1435, provided that: “The amendments made by subsection (a) [enacting this section] shall take effect 90 days after the date of the enactment of this Act [Dec. 12, 2017].”
|
||||
@@ -0,0 +1,145 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
section: "1075"
|
||||
citation: "10 U.S.C. § 1075"
|
||||
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|
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|
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|
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||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1075 - TRICARE Select
|
||||
|
||||
## Text
|
||||
|
||||
(a) Establishment.— (1) Not later than January 1, 2018, the Secretary of Defense shall establish a self-managed, preferred-provider network option under the TRICARE program. Such option shall be known as “TRICARE Select”.
|
||||
|
||||
(2) The Secretary shall establish TRICARE Select in all areas. Under TRICARE Select, eligible beneficiaries will not have restrictions on the freedom of choice of the beneficiary with respect to health care providers.
|
||||
|
||||
(b) Enrollment Eligibility.— (1) The beneficiary categories for purposes of eligibility to enroll in TRICARE Select and cost-sharing requirements applicable to such category are as follows:
|
||||
|
||||
(A) An “active-duty family member” category that consists of beneficiaries who are covered by section 1079 of this title (as dependents of active duty members).
|
||||
|
||||
(B) A “retired” category that consists of beneficiaries covered by subsection (c) of section 1086 of this title, other than Medicare-eligible beneficiaries described in subsection (d)(2) of such section.
|
||||
|
||||
(C) A “reserve and young adult” category that consists of beneficiaries who are covered by—
|
||||
|
||||
(i) section 1076d of this title;
|
||||
|
||||
(ii) section 1076e; or
|
||||
|
||||
(iii) section 1110b.
|
||||
|
||||
(2) A covered beneficiary who elects to participate in TRICARE Select shall enroll in such option under section 1099 of this title.
|
||||
|
||||
(c) Cost-sharing Requirements.— The cost-sharing requirements under TRICARE Select are as follows:
|
||||
|
||||
(1) With respect to beneficiaries in the active-duty family member category or the retired category by reason of being a member or former member of the uniformed services who originally enlists or is appointed in the uniformed services on or after January 1, 2018, or by reason of being a dependent of such a member, the cost-sharing requirements shall be calculated pursuant to subsection (d)(1).
|
||||
|
||||
(2) (A) Except as provided by subsection (e), with respect to beneficiaries described in subparagraph (B) in the active-duty family member category or the retired category, the cost-sharing requirements shall be calculated as if the beneficiary were enrolled in TRICARE Extra or TRICARE Standard as if TRICARE Extra or TRICARE Standard, as the case may be, were still being carried out by the Secretary.
|
||||
|
||||
(B) Beneficiaries described in this subparagraph are beneficiaries who are eligible to enroll in the TRICARE program by reason of being a member or former member of the uniformed services who originally enlists or is appointed in the uniformed services before January 1, 2018, or by reason of being a dependent of such a member.
|
||||
|
||||
(3) With respect to beneficiaries in the reserve and young adult category, the cost-sharing requirements shall be calculated pursuant to subsection (d)(1) as if the beneficiary were in the active-duty family member category or the retired category, as applicable, except that the premiums calculated pursuant to section 1076d, 1076e, or 1110b of this title, as the case may be, shall apply instead of any enrollment fee required under this section.
|
||||
|
||||
(d) Cost-sharing Amounts for Certain Beneficiaries.— (1) Beneficiaries described in subsection (c)(1) enrolled in TRICARE Select shall be subject to cost-sharing requirements in accordance with the amounts and percentages under the following table during calendar year 2018 and as such amounts are adjusted under paragraph (2) for subsequent years: TRICARE Select Active-Duty Family Member (Individual/Family) Retired (Individual/Family) Annual Enrollment $0$450 / $900 Annual deductible E4 & below: $50 / $100$150 / $300 Network .....................E5 & above: $150 / $300$300 / $600 out of network Annual catastrophic cap$1,000$3,500 Outpatient visit civilian network $15 primary care$25 primary care .....................$25 specialty care$40 specialty care ..................... .....................Out of network: 20%25% out of network ER visit civilian network$40 network$80 network .....................20% out of network25% out of network Urgent care civilian network$20 network$40 network .....................20% out of network25% out of network Ambulatory surgery civilian network$25 network$95 network .....................20% out of network25% out of network Ground ambulance civilian network$15$60 Durable medical equipment civilian network10% of negotiated fee20% network Inpatient visit civilian network$60 per network admission$175 per admission network ..................... .....................20% out of network25% out of network Inpatient skilled nursing/rehab civilian$25 per day network$50 per day network .....................$50 per day out of networkLesser of $300 per day or 20% of billed charges out of network
|
||||
|
||||
(2) Each dollar amount expressed as a fixed dollar amount in the table set forth in paragraph (1), and the amounts specified under paragraphs (1) and (2) of subsection (e), shall be annually indexed to the amount by which retired pay is increased under section 1401a of this title, rounded to the next lower multiple of $1. The remaining amount above such multiple of $1 shall be carried over to, and accumulated with, the amount of the increase for the subsequent year or years and made when the aggregate amount of increases carried over under this clause for a year is $1 or more.
|
||||
|
||||
(3) Enrollment fees, deductible amounts, and catastrophic caps under this section are on a calendar-year basis.
|
||||
|
||||
(4) The cost-sharing requirements applicable to services not specifically addressed in the table set forth in paragraph (1) shall be established by the Secretary.
|
||||
|
||||
(e) Exceptions to Certain Cost-sharing Amounts for Certain Beneficiaries Eligible Prior to 2018.— (1) Subject to paragraph (4), and in accordance with subsection (d)(2), the Secretary shall establish an annual enrollment fee for beneficiaries described in subsection (c)(2)(B) in the retired category who enroll in TRICARE Select (other than such beneficiaries covered by paragraph (3)). Such enrollment fee shall be $150 for an individual and $300 for a family.
|
||||
|
||||
(2) For the calendar year for which the Secretary first establishes the annual enrollment fee under paragraph (1), the Secretary shall adjust the catastrophic cap amount to be $3,500 for beneficiaries described in subsection (c)(2)(B) in the retired category who are enrolled in TRICARE Select (other than such beneficiaries covered by paragraph (3)).
|
||||
|
||||
(3) The enrollment fee established pursuant to paragraph (1) and the catastrophic cap adjusted under paragraph (2) for beneficiaries described in subsection (c)(2)(B) in the retired category shall not apply with respect to the following beneficiaries:
|
||||
|
||||
(A) Retired members and the family members of such members covered by paragraph (1) of section 1086(c) of this title by reason of being retired under chapter 61 of this title or being a dependent of such a member.
|
||||
|
||||
(B) Survivors covered by paragraph (2) of such section 1086(c).
|
||||
|
||||
(4) The Secretary may not establish an annual enrollment fee under paragraph (1) until 90 days has elapsed following the date on which the Comptroller General of the United States is required to submit the review under paragraph (5).
|
||||
|
||||
(5) Not later than February 1, 2020, the Comptroller General of the United States shall submit to the Committees on Armed Services of the House of Representatives and the Senate a review of the following:
|
||||
|
||||
(A) Whether health care coverage for covered beneficiaries has changed since the enactment of this section.
|
||||
|
||||
(B) Whether covered beneficiaries are able to obtain appointments for health care according to the access standards established by the Secretary of Defense.
|
||||
|
||||
(C) The percent of network providers that accept new patients under the TRICARE program.
|
||||
|
||||
(D) The satisfaction of beneficiaries under TRICARE Select.
|
||||
|
||||
(f) Other Exceptions to Cost-sharing Requirements.— (1) A beneficiary enrolled in TRICARE for Life is subject to cost-sharing requirements pursuant to section 1086(d)(3) of this title and calculated as if the beneficiary were enrolled in TRICARE Standard as if TRICARE Standard were still being carried out by the Secretary.
|
||||
|
||||
(2) (A) Notwithstanding any other provision of this section, the cost-sharing amount under this section for any beneficiary enrolled in TRICARE Select for a service described in subparagraph (B) that is provided by a network provider is $0.
|
||||
|
||||
(B) A service described in this subparagraph is any contraceptive method approved, cleared, or authorized under section 505, 510(k), 513(f)(2), or 515 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355, 360(k), 360c(f)(2), 360e), any contraceptive care (including with respect to insertion, removal, and follow up), any sterilization procedure, or any patient education or counseling service provided in connection with any such contraceptive, care, or procedure.
|
||||
|
||||
(3) (A) Consistent with other provisions of this chapter and subject to requirements to be prescribed by the Secretary, the Secretary may waive cost-sharing requirements for the first three outpatient mental health visits each year of any of the following beneficiaries:
|
||||
|
||||
(i) Beneficiaries in the active-duty family member category.
|
||||
|
||||
(ii) Beneficiaries covered by section 1110b of this title.
|
||||
|
||||
(B) This paragraph shall terminate on the date that is five years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024.
|
||||
|
||||
(g) Construction.— Nothing in this section may be construed as affecting the availability of TRICARE Prime and TRICARE for Life or the cost-sharing requirements for TRICARE for Life under section 1086(d)(3) of this title.
|
||||
|
||||
(h) Authority for Multiple Networks in the Same Geographic Area.— (1) The Secretary may establish a system of multiple networks of providers under TRICARE Select in the same geographic area or areas.
|
||||
|
||||
(2) Under a system established under paragraph (1), the Secretary may—
|
||||
|
||||
(A) require a covered beneficiary enrolling in TRICARE Select to enroll in a specific provider network established pursuant to such system, in which case any provider not in that specific provider network shall be deemed an out-of-network provider with respect to the covered beneficiary (regardless of whether the provider is in a different TRICARE Select provider network) for purposes of this section or any other provision of law limiting the coverage or provision of health care services to those provided by network providers under the TRICARE program; and
|
||||
|
||||
(B) include beneficiaries covered by subsection (c)(2).
|
||||
|
||||
(i) Definitions.— In this section:
|
||||
|
||||
(1) The terms “active-duty family member category”, “retired category”, and “reserve and young adult category” mean the respective categories of TRICARE Select enrollment described in subsection (b).
|
||||
|
||||
(2) The term “network” means—
|
||||
|
||||
(A) with respect to health care services, such services provided to beneficiaries by TRICARE-authorized civilian health care providers who have entered into a contract under this chapter with a contractor under the TRICARE program; and
|
||||
|
||||
(B) with respect to providers, civilian health care providers who have agreed to accept a pre-negotiated rate as the total charge for services provided by the provider and to file claims for beneficiaries.
|
||||
|
||||
(3) The term “out-of-network” means, with respect to health care services, such services provided by TRICARE-authorized civilian providers who have not entered into a contract under this chapter with a contractor under the TRICARE program.
|
||||
|
||||
(Added Pub. L. 114–328, div. A, title VII, § 701(a)(1), Dec. 23, 2016, 130 Stat. 2180; amended Pub. L. 115–91, div. A, title VII, § 739(b)(1), Dec. 12, 2017, 131 Stat. 1446; Pub. L. 116–92, div. A, title XVII, § 1731(a)(23), Dec. 20, 2019, 133 Stat. 1813; Pub. L. 117–81, div. A, title VII, § 703(a), Dec. 27, 2021, 135 Stat. 1779; Pub. L. 118–31, div. A, title VII, § 701(a), Dec. 22, 2023, 137 Stat. 299; Pub. L. 118–159, div. A, title VII, § 707(b), (d)(1), Dec. 23, 2024, 138 Stat. 1944, 1945.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, referred to in subsec. (f)(3)(B), is the date of enactment of Pub. L. 118–31, which was approved Dec. 22, 2023.
|
||||
|
||||
Prior ProvisionsA prior section 1075, added Pub. L. 85–861, § 1(25)(B), Sept. 2, 1958, 72 Stat. 1447; amended Pub. L. 97–22, § 10(b)(2), July 10, 1981, 95 Stat. 137; Pub. L. 108–87, title VIII, § 8146(a), Sept. 30, 2003, 117 Stat. 1109; Pub. L. 108–106, title I, § 1112(a), Nov. 6, 2003, 117 Stat. 1215, related to subsistence charges for officers and certain enlisted members, prior to repeal by Pub. L. 108–375, div. A, title VI, § 607(a)(1), Oct. 28, 2004, 118 Stat. 1946. Another prior section 1075, act Aug. 10, 1956, ch. 1041, 70A Stat. 82, related to post card requests for absentee ballots, and for printing and transmission thereof, prior to repeal by Pub. L. 85–861, § 36B(5), Sept. 2, 1958, 72 Stat. 1570, as superseded by the Federal Voting Assistance Act of 1955 which is classified to subchapter I–D (§ 1973cc et seq.) of chapter 20 of Title 42, The Public Health and Welfare.
|
||||
|
||||
Amendments2024—Subsec. (c)(4). Pub. L. 118–159, § 707(d)(1), redesignated par. (4) of subsec. (c) as par. (3) of subsec. (f). Subsec. (f). Pub. L. 118–159, § 707(b)(2), (3), designated existing provisions as par. (1) and added par. (2). Pub. L. 118–159, § 707(b)(1), substituted “Other Exceptions to Cost-sharing Requirements” for “Exception to Cost-sharing Requirements for TRICARE for Life Beneficiaries” in heading. Subsec. (f)(3). Pub. L. 118–159, § 707(d)(1), redesignated par. (4) of subsec. (c) as par. (3) of subsec. (f). 2023—Subsec. (c)(4). Pub. L. 118–31 added par. (4). 2021—Subsecs. (h), (i). Pub. L. 117–81 added subsec. (h) and redesignated former subsec. (h) as (i). 2019—Subsec. (d)(1). Pub. L. 116–92 substituted “25% out of network” for “25% of out of network” in third column of table row relating to Outpatient visit civilian network. 2017—Subsec. (d)(1). Pub. L. 115–91, § 739(b)(1)(B), substituted “Ground ambulance civilian network” for “Ambulance civilian network” in first column of table. Subsec. (d)(4). Pub. L. 115–91, § 739(b)(1)(A), added par. (4).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection applicable with respect to the provision of health care under the TRICARE program beginning on Jan. 1, 2018, see section 701(k) of Pub. L. 114–328, set out as an Effective Date of 2016 Amendment note under section 1072 of this title.
|
||||
|
||||
Pilot Program on Health Care Assistance SystemPub. L. 115–91, div. A, title VII, § 731, Dec. 12, 2017, 131 Stat. 1441, as amended by Pub. L. 117–81, div. A, title VII, § 705, Dec. 27, 2021, 135 Stat. 1781, provided that: “(a) Pilot Program.—The Secretary of Defense shall carry out a pilot program to provide a health care assistance service to certain covered beneficiaries enrolled in TRICARE Select using purchased care to improve the health outcomes and patient experience for covered beneficiaries with complex medical conditions. “(b) Elements.—The pilot program under subsection (a) may include the following elements:“(1) Assisting beneficiaries with complex medical conditions to understand and use the health benefits under the TRICARE program. “(2) Supporting such beneficiaries in accessing and navigating the purchased care health care delivery system. “(3) Providing such beneficiaries with information to allow the beneficiaries to make informed decisions regarding the quality, safety, and cost of available health care services. “(4) Improving the health outcomes for such beneficiaries. “(c) Duration.—The Secretary shall carry out the pilot program for an amount of time determined appropriate by the Secretary during the five-year period beginning 180 days after the date of the enactment of this Act [Dec. 12, 2017]. “(d) Report.—Not later than November 1, 2022, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing an evaluation of the success of the pilot program under subsection (a), including—“(1) an analysis of the implementation of the elements under subsection (b); “(2) the feasibility of incorporating such elements into TRICARE support contracts; and “(3) input from covered beneficiaries who have participated in the pilot program regarding their satisfaction with, and any benefits attained from, such participation. “(e) Definitions.—In this section, the terms ‘covered beneficiary’, ‘TRICARE program’, and ‘TRICARE Select’ have the meaning given those terms in section 1072 of title 10, United States Code.”
|
||||
@@ -0,0 +1,73 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1075a"
|
||||
description: "TRICARE Prime: cost sharing"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "55"
|
||||
chapter_name: "MEDICAL AND DENTAL CARE"
|
||||
section: "1075a"
|
||||
citation: "10 U.S.C. § 1075a"
|
||||
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|
||||
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|
||||
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|
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|
||||
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|
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1075a - TRICARE Prime: cost sharing
|
||||
|
||||
## Text
|
||||
|
||||
(a) Cost-sharing Requirements.— The cost-sharing requirements under TRICARE Prime are as follows:
|
||||
|
||||
(1) There are no cost-sharing requirements for beneficiaries who are covered by section 1074(a) of this title.
|
||||
|
||||
(2) With respect to beneficiaries in the active-duty family member category or the retired category (as described in section 1075(b)(1) of this title) by reason of being a member or former member of the uniformed services who originally enlists or is appointed in the uniformed services on or after January 1, 2018, or by reason of being a dependent of such a member, the cost-sharing requirements shall be calculated pursuant to subsection (b)(1).
|
||||
|
||||
(3) (A) With respect to beneficiaries described in subparagraph (B) in the active-duty family member category or the retired category (as described in section 1075(b)(1) of this title), the cost-sharing requirements shall be calculated in accordance with the other provisions of this chapter without regard to subsection (b).
|
||||
|
||||
(B) Beneficiaries described in this subparagraph are beneficiaries who are eligible to enroll in the TRICARE program by reason of being a member or former member of the uniformed services who originally enlists or is appointed in the uniformed services before January 1, 2018, or by reason of being a dependent of such a member.
|
||||
|
||||
(b) Cost-sharing Amounts.— (1) Beneficiaries described in subsection (a)(2) enrolled in TRICARE Prime shall be subject to cost-sharing requirements in accordance with the amounts and percentages under the following table during calendar year 2018 and as such amounts are adjusted under paragraph (2) for subsequent years: TRICARE Prime Active-Duty Family Member (Individual/Family) Retired (Individual/Family) Annual Enrollment$0$350 / $700 Annual deductibleNoNo Annual catastrophic cap$1,000$3,500 Outpatient visit civilian network$0$20 primary care ..................... $30 specialty care ER visit civilian network$0$60 network Urgent care civilian network$0$30 network Ambulatory surgery civilian network$0$60 network Ground ambulance civilian network$0$40 Durable medical equipment civilian network$020% of negotiated fee, network Inpatient visit civilian network$0$150 per admission Inpatient skilled nursing/rehab civilian$0$30 per day network
|
||||
|
||||
(2) Each dollar amount expressed as a fixed dollar amount in the table set forth in paragraph (1) shall be annually indexed to the amount by which retired pay is increased under section 1401a of this title, rounded to the next lower multiple of $1. The remaining amount above such multiple of $1 shall be carried over to, and accumulated with, the amount of the increase for the subsequent year or years and made when the aggregate amount of increases carried over under this clause for a year is $1 or more.
|
||||
|
||||
(3) Enrollment fees, deductible amounts, and catastrophic caps under this section are on a calendar-year basis.
|
||||
|
||||
(4) The cost-sharing requirements applicable to services not specifically addressed in the table set forth in paragraph (1) shall be established by the Secretary.
|
||||
|
||||
(c) Special Rule for Amounts Without Referrals.— Notwithstanding subsection (b)(1), the cost-sharing amount for a beneficiary enrolled in TRICARE Prime who does not obtain a referral for care under paragraph (1) of section 1095f(a) of this title (or a waiver pursuant to paragraph (2) of such section for such care) shall be an amount equal to 50 percent of the allowed point-of-service charge for such care.
|
||||
|
||||
(d) Prohibition on Cost-sharing for Certain Services.— (1) (A) Notwithstanding any other provision of this section, the cost-sharing amount under this section for any beneficiary enrolled in TRICARE Prime for a service described in subparagraph (B) that is provided under TRICARE Prime is $0.
|
||||
|
||||
(B) A service described in this subparagraph is any contraceptive method approved, cleared, or authorized under section 505, 510(k), 513(f)(2), or 515 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355, 360(k), 360c(f)(2), 360e), any contraceptive care (including with respect to insertion, removal, and follow up), any sterilization procedure, or any patient education or counseling service provided in connection with any such contraceptive, care, or procedure.
|
||||
|
||||
(2) (A) Consistent with other provisions of this chapter and subject to requirements to be prescribed by the Secretary, the Secretary may waive cost-sharing requirements for the first three outpatient mental health visits each year of a beneficiary in the active-duty family member category (as described in section 1075(b)(1)(A) of this title).
|
||||
|
||||
(B) This paragraph shall terminate on the date that is five years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024.
|
||||
|
||||
(Added Pub. L. 114–328, div. A, title VII, § 701(b)(1), Dec. 23, 2016, 130 Stat. 2184; amended Pub. L. 115–91, div. A, title VII, § 739(b)(2), (e)(2), Dec. 12, 2017, 131 Stat. 1447; Pub. L. 118–31, div. A, title VII, § 701(b), Dec. 22, 2023, 137 Stat. 299; Pub. L. 118–159, div. A, title VII, § 707(c), (d)(2), Dec. 23, 2024, 138 Stat. 1944, 1945.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, referred to in subsec. (d)(2)(B), is the date of enactment of Pub. L. 118–31, which was approved Dec. 22, 2023.
|
||||
|
||||
Amendments2024—Subsec. (a)(4). Pub. L. 118–159, § 707(d)(2), redesignated par. (4) of subsec. (a) as par. (2) of subsec. (d). Subsec. (d). Pub. L. 118–159, § 707(c), added subsec. (d). Subsec. (d)(2). Pub. L. 118–159, § 707(d)(2), redesignated par. (4) of subsec. (a) as par. (2) of subsec. (d). 2023—Subsec. (a)(4). Pub. L. 118–31 added par. (4). 2017—Subsec. (b)(1). Pub. L. 115–91, § 739(b)(2)(B), which directed amendment of “Paragraph (1) of such section” by substituting “Ground ambulance civilian network” for “Ambulance civilian network” in first column of table, was executed by making the substitution in par. (1) of subsec. (b) of this section, to reflect the probable intent of Congress. Subsec. (b)(4). Pub. L. 115–91, § 739(b)(2)(A), added par. (4). Subsec. (c). Pub. L. 115–91, § 739(e)(2), substituted “section 1095f(a)” for “section 1075f(a)”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection applicable with respect to the provision of health care under the TRICARE program beginning on Jan. 1, 2018, see section 701(k) of Pub. L. 114–328, set out as an Effective Date of 2016 Amendment note under section 1072 of this title.
|
||||
File diff suppressed because one or more lines are too long
File diff suppressed because one or more lines are too long
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|
||||
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|
||||
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|
||||
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|
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
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---
|
||||
|
||||
# 10 U.S.C. § 1076b - Repealed. Pub. L. 109–364, div. A, title VII, § 706(d), Oct. 17, 2006, 120 Stat. 2282]
|
||||
|
||||
## Notes
|
||||
|
||||
Section, added Pub. L. 108–106, title I, § 1115(a), Nov. 6, 2003, 117 Stat. 1216; amended Pub. L. 108–136, div. A, title VII, § 702, Nov. 24, 2003, 117 Stat. 1525; Pub. L. 109–163, div. A, title VII, § 702(a)(1), Jan. 6, 2006, 119 Stat. 3340; Pub. L. 109–364, div. A, title VII, § 704(d), Oct. 17, 2006, 120 Stat. 2280, related to TRICARE Standard coverage for members of the Selected Reserve.
|
||||
|
||||
A prior section 1076b, added Pub. L. 104–106, div. A, title VII, § 705(a)(1), Feb. 10, 1996, 110 Stat. 372; amended Pub. L. 104–201, div. A, title VII, § 702(a), (b), Sept. 23, 1996, 110 Stat. 2588; Pub. L. 105–85, div. A, title VII, § 733(a), Nov. 18, 1997, 111 Stat. 1812, related to Selected Reserve dental insurance, prior to repeal by Pub. L. 106–65, div. A, title VII, § 711(a), Oct. 5, 1999, 113 Stat. 685.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of RepealPub. L. 109–364, div. A, title VII, § 706(d), Oct. 17, 2006, 120 Stat. 2282, provided that the repeal made by section 706(d) is effective Oct. 1, 2007.
|
||||
@@ -0,0 +1,127 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
section: "1076c"
|
||||
citation: "10 U.S.C. § 1076c"
|
||||
status: "current"
|
||||
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|
||||
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|
||||
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|
||||
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|
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||||
---
|
||||
|
||||
# 10 U.S.C. § 1076c - Dental insurance plan: certain retirees and their surviving spouses and other dependents
|
||||
|
||||
## Text
|
||||
|
||||
(a) Requirement for Plan.— (1) The Secretary of Defense shall establish a dental insurance plan for retirees of the uniformed services, certain unremarried surviving spouses, and dependents in accordance with this section.
|
||||
|
||||
(2) The Secretary may satisfy the requirement under paragraph (1) by entering into an agreement with the Director of the Office of Personnel Management to allow persons described in subsection (b) to enroll in an insurance plan under chapter 89A of title 5 that provides benefits similar to those benefits required to be provided under subsection (d).
|
||||
|
||||
(b) Persons Eligible for Plan.— The following persons are eligible to enroll in the dental insurance plan established under subsection (a):
|
||||
|
||||
(1) Members of the uniformed services who are entitled to retired pay.
|
||||
|
||||
(2) Members of the Retired Reserve who would be entitled to retired pay under chapter 1223 of this title but for being under 60 years of age.
|
||||
|
||||
(3) Eligible dependents of a member described in paragraph (1) or (2) who are covered by the enrollment of the member in the plan.
|
||||
|
||||
(4) Eligible dependents of a member described in paragraph (1) or (2) who is not enrolled in the plan and who—
|
||||
|
||||
(A) is enrolled under section 1705 of title 38 to receive dental care from the Secretary of Veterans Affairs;
|
||||
|
||||
(B) is enrolled in a dental plan that—
|
||||
|
||||
(i) is available to the member as a result of employment by the member that is separate from the military service of the member; and
|
||||
|
||||
(ii) is not available to dependents of the member as a result of such separate employment by the member; or
|
||||
|
||||
(C) is prevented by a medical or dental condition from being able to obtain benefits under the plan.
|
||||
|
||||
(5) The unremarried surviving spouse and eligible child dependents of a deceased member—
|
||||
|
||||
(A) who died while in a status described in paragraph (1) or (2);
|
||||
|
||||
(B) who is described in section 1448(d)(1) of this title; or
|
||||
|
||||
(C) who died while on active duty for a period of more than 30 days and whose eligible dependents are not eligible, or no longer eligible, for dental benefits under section 1076a of this title.
|
||||
|
||||
(c) Premiums.— (1) A member enrolled in the dental insurance plan established under subsection (a) shall pay the premiums charged for the insurance coverage.
|
||||
|
||||
(2) The Secretary of Defense shall establish procedures for the collection of the premiums charged for coverage by the dental insurance plan. To the maximum extent practicable, the premiums payable by a member entitled to retired pay shall be deducted and withheld from the retired pay of the member (if pay is available to the member).
|
||||
|
||||
(d) Benefits Available Under the Plan.— The dental insurance plan established under subsection (a) shall provide benefits for dental care and treatment which may be comparable to the benefits authorized under section 1076a of this title for plans established under that section and shall include diagnostic services, preventative services, endodontics and other basic restorative services, surgical services, and emergency services.
|
||||
|
||||
(e) Coverage.— (1) The Secretary shall prescribe a minimum required period for enrollment by a member or surviving spouse in the dental insurance plan established under subsection (a).
|
||||
|
||||
(2) The dental insurance plan shall provide for voluntary enrollment of participants and shall authorize a member or eligible unremarried surviving spouse to enroll for self only or for self and eligible dependents.
|
||||
|
||||
(f) Required Terminations of Enrollment.— The Secretary shall terminate the enrollment of any enrollee, and any eligible dependents of the enrollee covered by the enrollment, in the dental insurance plan established under subsection (a) upon the occurrence of the following:
|
||||
|
||||
(1) In the case of an enrollment under subsection (b)(1), termination of the member’s entitlement to retired pay.
|
||||
|
||||
(2) In the case of an enrollment under subsection (b)(2), termination of the member’s status as a member of the Retired Reserve.
|
||||
|
||||
(3) In the case of an enrollment under subsection (b)(5), remarriage of the surviving spouse.
|
||||
|
||||
(g) Continuation of Dependents’ Enrollment Upon Death of Enrollee.— Coverage of a dependent in the dental insurance plan established under subsection (a) under an enrollment of a member or a surviving spouse who dies during the period of enrollment shall continue until the end of that period and may be renewed by (or for) the dependent, so long as the premium paid is sufficient to cover continuation of the dependent’s enrollment. The Secretary may terminate coverage of the dependent when the premiums paid are no longer sufficient to cover continuation of the enrollment. The Secretary shall prescribe in regulations under subsection (h) the parties responsible for paying the remaining premiums due on the enrollment and the manner for collection of the premiums.
|
||||
|
||||
(h) Regulations.— The dental insurance plan established under subsection (a) shall be administered under regulations prescribed by the Secretary of Defense, in consultation with the other administering Secretaries.
|
||||
|
||||
(i) Voluntary Disenrollment.— (1) With respect to enrollment in the dental insurance plan established under subsection (a), the Secretary of Defense—
|
||||
|
||||
(A) shall allow for a period of up to 30 days at the beginning of the prescribed minimum enrollment period during which an enrollee may disenroll; and
|
||||
|
||||
(B) shall provide for limited circumstances under which disenrollment shall be permitted during the prescribed enrollment period, without jeopardizing the fiscal integrity of the dental program.
|
||||
|
||||
(2) The circumstances described in paragraph (1)(B) shall include—
|
||||
|
||||
(A) a case in which a retired member, surviving spouse, or dependent of a retired member who is also a Federal employee is assigned to a location outside the jurisdiction of the dental insurance plan established under subsection (a) that prevents utilization of dental benefits under the plan;
|
||||
|
||||
(B) a case in which a retired member, surviving spouse, or dependent of a retired member is prevented by a serious medical condition from being able to obtain benefits under the plan;
|
||||
|
||||
(C) a case in which severe financial hardship would result; and
|
||||
|
||||
(D) any other circumstances which the Secretary considers appropriate.
|
||||
|
||||
(3) The Secretary shall establish procedures for timely decisions on requests for disenrollment under this section and for appeal to the TRICARE Management Activity of adverse decisions.
|
||||
|
||||
(j) Definitions.— In this section:
|
||||
|
||||
(1) The term “eligible dependent” means a dependent described in subparagraph (A), (D), or (I) of section 1072(2) of this title.
|
||||
|
||||
(2) The term “eligible child dependent” means a dependent described in subparagraph (D) or (I) of section 1072(2) of this title.
|
||||
|
||||
(3) The term “retired pay” includes retainer pay.
|
||||
|
||||
(Added Pub. L. 104–201, div. A, title VII, § 703(a)(1), Sept. 23, 1996, 110 Stat. 2588; amended Pub. L. 105–85, div. A, title VII, §§ 701, 733(b), 734, Nov. 18, 1997, 111 Stat. 1807, 1812, 1813; Pub. L. 105–261, div. A, title VII, § 702, Oct. 17, 1998, 112 Stat. 2056; Pub. L. 106–65, div. A, title VII, § 704, Oct. 5, 1999, 113 Stat. 683; Pub. L. 106–398, § 1 [[div. A], title VII, § 726, title X, § 1087(a)(6)], Oct. 30, 2000, 114 Stat. 1654, 1654A–187, 1654A–290; Pub. L. 114–328, div. A, title VII, § 715(b)(3), Dec. 23, 2016, 130 Stat. 2222.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2016—Subsec. (a). Pub. L. 114–328 amended subsec. (a) generally. Prior to amendment, text read as follows: “The Secretary of Defense, in consultation with the other administering Secretaries, shall establish a dental insurance plan for retirees of the uniformed services, certain unremarried surviving spouses, and dependents in accordance with this section.” 2000—Subsec. (b)(5)(C). Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(6)], struck out “pursuant to subsection (i)(2) of such section” after “section 1076a of this title”. Subsec. (f). Pub. L. 106–398, § 1 [[div. A], title VII, § 726(b)], substituted “Required Terminations” for “Termination” in heading. Subsecs. (i), (j). Pub. L. 106–398, § 1 [[div. A], title VII, § 726(a)], added subsec. (i) and redesignated former subsec. (i) as (j). 1999—Subsec. (d). Pub. L. 106–65 amended heading and text of subsec. (d) generally. Text read as follows: “The dental insurance plan established under subsection (a) shall provide benefits for basic dental care and treatment, including diagnostic services, preventative services, basic restorative services (including endodontics), surgical services, and emergency services.” 1998—Subsec. (b)(4), (5). Pub. L. 105–261, § 702(a), added par. (4) and redesignated former par. (4) as (5). Subsec. (f)(3). Pub. L. 105–261, § 702(b), substituted “(b)(5)” for “(b)(4)”. 1997—Subsec. (a). Pub. L. 105–85, § 734(a)(1), (b)(1), substituted “The Secretary of Defense, in consultation with the other administering Secretaries, shall establish a dental insurance plan for retirees of the uniformed services” for “The Secretary of Defense shall establish a dental insurance plan for military retirees”. Subsec. (b)(1). Pub. L. 105–85, § 734(a)(2), substituted “uniformed services” for “Armed Forces”. Subsec. (b)(4)(A). Pub. L. 105–85, § 701(1)(A), substituted “died” for “dies”. Subsec. (b)(4)(C). Pub. L. 105–85, § 701(1)(B), (2), (3), added subpar. (C). Subsec. (c)(2). Pub. L. 105–85, § 733(b), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The amount of the premiums payable by a member entitled to retired pay shall be deducted and withheld from the retired pay and shall be disbursed to pay the premiums. The regulations prescribed under subsection (h) shall specify the procedures for payment of the premiums by other enrolled members and by enrolled surviving spouses.” Subsec. (h). Pub. L. 105–85, § 734(b)(2), substituted “other administering Secretaries” for “Secretary of Transportation”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 applicable with respect to the first contract year for chapter 89A or 89B of Title 5, Government Organization and Employees, as applicable, that begins on or after Jan. 1, 2018, see section 715(c) of Pub. L. 114–328, set out as a note under section 8951 of Title 5.
|
||||
|
||||
Limitation on Implementation of Alternative Collection ProceduresPub. L. 105–85, div. A, title VII, § 733(d), Nov. 18, 1997, 111 Stat. 1813, provided that: “The Secretary of Defense may not implement procedures for collecting premiums under [former] section 1076b(b)(3) of title 10, United States Code, or section 1076c(c)(2) of such title other than by deductions and withholding from pay until 120 days after the date that the Secretary submits a report to Congress describing the justifications for implementing such alternative procedures.”
|
||||
|
||||
Implementation of Dental PlanPub. L. 104–201, div. A, title VII, § 703(b), Sept. 23, 1996, 110 Stat. 2590, as amended by Pub. L. 105–85, div. A, title VII, § 733(e), Nov. 18, 1997, 111 Stat. 1813, provided that: “Beginning not later than April 1, 1998, the Secretary of Defense shall— “(1) offer members of the Armed Forces and other persons described in subsection (b) of section 1076c of title 10, United States Code (as added by subsection (a)(1) of this section), the opportunity to enroll in the dental insurance plan required under that section; and “(2) begin to provide benefits under the plan.”
|
||||
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|
||||
---
|
||||
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|
||||
title: "10 U.S.C. § 1076e"
|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
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|
||||
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|
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||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1076e - TRICARE program: TRICARE Retired Reserve coverage for certain members of the Retired Reserve who are qualified for a non-regular retirement but are not yet age 60
|
||||
|
||||
## Text
|
||||
|
||||
(a) Eligibility.— (1) Except as provided in paragraph (2), a member of the Retired Reserve of a reserve component of the armed forces who is qualified for a non-regular retirement at age 60 under chapter 1223 of this title, but is not age 60, is eligible for health benefits under TRICARE Retired Reserve as provided in this section.
|
||||
|
||||
(2) Paragraph (1) does not apply to a member who is enrolled, or is eligible to enroll, in a health benefits plan under chapter 89 of title 5.
|
||||
|
||||
(b) Termination of Eligibility Upon Obtaining Other TRICARE Coverage.— Eligibility for TRICARE Retired Reserve coverage of a member under this section shall terminate upon the member becoming eligible for TRICARE coverage at age 60 under section 1086 of this title.
|
||||
|
||||
(c) Family Members.— While a member of a reserve component is covered by TRICARE Retired Reserve under this section, the members of the immediate family of such member are eligible for TRICARE Retired Reserve coverage as dependents of the member. If a member of a reserve component dies while in a period of coverage under this section, the eligibility of the members of the immediate family of such member for TRICARE Retired Reserve coverage under this section shall continue for the same period of time that would be provided under section 1086 of this title if the member had been eligible at the time of death for TRICARE coverage under such section (instead of under this section).
|
||||
|
||||
(d) Premiums.— (1) A member of a reserve component covered by TRICARE Retired Reserve under this section shall pay a premium for that coverage. Such premium shall apply instead of any enrollment fees required under section 1075 of this title.
|
||||
|
||||
(2) The Secretary of Defense shall prescribe for the purposes of this section one premium for TRICARE Retired Reserve coverage of members without dependents and one premium for TRICARE Retired Reserve coverage of members with dependents referred to in subsection (f)(1). The premium prescribed for a coverage shall apply uniformly to all members of the reserve components covered under this section.
|
||||
|
||||
(3) The monthly amount of the premium in effect for a month for TRICARE Retired Reserve coverage under this section shall be the amount equal to the cost of coverage that the Secretary determines on an appropriate actuarial basis.
|
||||
|
||||
(4) The Secretary shall prescribe the requirements and procedures applicable to the payment of premiums under this subsection.
|
||||
|
||||
(5) Amounts collected as premiums under this subsection shall be credited to the appropriation available for the Defense Health Program Account under section 1100 of this title, shall be merged with sums in such Account that are available for the fiscal year in which collected, and shall be available under subsection (b) of such section for such fiscal year.
|
||||
|
||||
(e) Regulations.— The Secretary of Defense, in consultation with the other administering Secretaries, shall prescribe regulations for the administration of this section.
|
||||
|
||||
(f) Definitions.— In this section:
|
||||
|
||||
(1) The term “immediate family”, with respect to a member of a reserve component, means all of the member’s dependents described in subparagraphs (A), (D), and (I) of section 1072(2) of this title.
|
||||
|
||||
(2) The term “TRICARE Retired Reserve” means—
|
||||
|
||||
(A) medical care at facilities of the uniformed services to which a dependent described in section 1076(a)(2) of this title is entitled; and
|
||||
|
||||
(B) health benefits under the TRICARE Select self-managed, preferred provider network option under section 1075 of this title made available to beneficiaries by reason of this section and subject to the cost-sharing requirements set forth in such section 1075.
|
||||
|
||||
(Added Pub. L. 111–84, div. A, title VII, § 705(a), Oct. 28, 2009, 123 Stat. 2374; Pub. L. 114–328, div. A, title VII, § 701(j)(1)(C), Dec. 23, 2016, 130 Stat. 2192; Pub. L. 115–91, div. A, title VII, § 701(b), Dec. 12, 2017, 131 Stat. 1432; Pub. L. 116–92, div. A, title XVII, § 1731(a)(25), Dec. 20, 2019, 133 Stat. 1813.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2019—Subsec. (d)(1). Pub. L. 116–92 substituted “section 1075 of this title” for “section 1075 of this section”. 2017—Subsec. (b). Pub. L. 115–91, § 701(b)(1), struck out “Retired Reserve” after “TRICARE” in heading. See first 2016 Amendment note for subsec. (b) below. Subsec. (c). Pub. L. 115–91, § 701(b)(2), struck out “Retired Reserve” before “coverage under such section” in last sentence. Subsec. (f)(2). Pub. L. 115–91, § 701(b)(3), added par. (2) and struck out former par. (2) which read as follows: “The term ‘TRICARE Retired Reserve’ means the TRICARE Select self-managed, preferred-provider network option under section 1075 made available to beneficiaries by reason of this section and in accordance with subsection (d)(1).” 2016—Pub. L. 114–328, § 701(j)(1)(C)(iv), substituted “TRICARE Retired Reserve” for “TRICARE Standard” in section catchline and wherever appearing in text. Subsec. (b). Pub. L. 114–328, § 701(j)(1)(C)(iv), which directed substitution of “TRICARE Retired Reserve” for “TRICARE Standard” wherever appearing in text, was also executed to heading of subsec. (b) to reflect the probable intent of Congress and the subsequent amendment by Pub. L. 115–91, § 701(b)(1), which could be executed only if the substitution had taken place. Pub. L. 114–328, § 701(j)(1)(C)(iii), substituted “TRICARE coverage at” for “TRICARE Standard coverage at”. Subsec. (d)(1). Pub. L. 114–328, § 701(j)(1)(C)(i), inserted at end “Such premium shall apply instead of any enrollment fees required under section 1075 of this section.” Subsec. (f)(2). Pub. L. 114–328, § 701(j)(1)(C)(ii), added par. (2) and struck out former par. (2) which defined the term “TRICARE Standard”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 applicable with respect to the provision of health care under the TRICARE program beginning on Jan. 1, 2018, see section 701(k) of Pub. L. 114–328, set out as a note under section 1072 of this title.
|
||||
|
||||
Effective DatePub. L. 111–84, div. A, title VII, § 705(c), Oct. 28, 2009, 123 Stat. 2375, provided that: “Section 1076e of title 10, United States Code, as inserted by subsection (a), shall apply to coverage for months beginning on or after October 1, 2009, or such earlier date as the Secretary of Defense may specify.”
|
||||
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|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
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|
||||
|
||||
# 10 U.S.C. § 1076f - TRICARE program: extension of coverage for certain members of the National Guard and dependents during certain disaster response duty
|
||||
|
||||
## Text
|
||||
|
||||
(a) Extended Coverage.— During a period in which a member of the National Guard is performing disaster response duty, the member may be treated as being on active duty for a period of more than 30 days for purposes of the eligibility of the member and dependents of the member for health care benefits under the TRICARE program if such period immediately follows a period in which the member served on full-time National Guard duty under section 502(f) of title 32, including pursuant to chapter 9 of such title, unless the Governor of the State (or, with respect to the District of Columbia, the mayor of the District of Columbia) determines that such extended eligibility is not in the best interest of the member or the State.
|
||||
|
||||
(b) Contribution by State.— (1) The Secretary shall charge a State for the costs of providing coverage under the TRICARE program to members of the National Guard of the State and the dependents of the members pursuant to subsection (a). Such charges shall be paid from the funds of the State or from any other non-Federal funds.
|
||||
|
||||
(2) Any amounts received by the Secretary under paragraph (1) shall be credited to the appropriation available for the Defense Health Program Account under section 1100 of this title, shall be merged with sums in such Account that are available for the fiscal year in which collected, and shall be available under subsection (b) of such section, including to carry out subsection (a) of this section.
|
||||
|
||||
(c) Definitions.— In this section:
|
||||
|
||||
(1) The term “disaster response duty” means duty performed by a member of the National Guard in State status pursuant to an emergency declaration by the Governor of the State (or, with respect to the District of Columbia, the mayor of the District of Columbia) in response to a disaster or in preparation for an imminent disaster.
|
||||
|
||||
(2) The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.
|
||||
|
||||
(Added Pub. L. 114–328, div. A, title VII, § 711(a), Dec. 23, 2016, 130 Stat. 2213.)
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
|
||||
# 10 U.S.C. § 1077a - Access to military medical treatment facilities and other facilities
|
||||
|
||||
## Text
|
||||
|
||||
(a) Urgent Care.— (1) The Secretary of Defense shall ensure that military medical treatment facilities, at locations the Secretary determines appropriate, provide urgent care services for members of the armed forces and covered beneficiaries until 11:00 p.m. each day.
|
||||
|
||||
(2) With respect to areas in which a military medical treatment facility covered by paragraph (1) is not located, the Secretary shall ensure that members of the armed forces and covered beneficiaries may access urgent care clinics through the health care provider network under the TRICARE program.
|
||||
|
||||
(3) A covered beneficiary may access urgent care services without the need for preauthorization for such services.
|
||||
|
||||
(4) The Secretary shall—
|
||||
|
||||
(A) publish information about changes in access to urgent care under the TRICARE program—
|
||||
|
||||
(i) on the primary publicly available Internet website of the Department; and
|
||||
|
||||
(ii) on the primary publicly available Internet website of each military medical treatment facility; and
|
||||
|
||||
(B) ensure that such information is made available on the publicly available Internet website of each current managed care support contractor that has established a health care provider network under the TRICARE program.
|
||||
|
||||
(b) Nurse Advice Line.— The Secretary shall ensure that the nurse advice line of the Department directs covered beneficiaries seeking access to care to the source of the most appropriate level of health care required to treat the medical conditions of the beneficiaries, including urgent care services described in subsection (a).
|
||||
|
||||
(c) Primary Care Clinics.— (1) The Secretary shall ensure that primary care clinics at military medical treatment facilities are available for members of the armed forces and covered beneficiaries between the hours determined appropriate under paragraph (2), including with respect to expanded hours described in subparagraph (B) of such paragraph.
|
||||
|
||||
(2) (A) The Secretary shall determine the hours that each primary care clinic at a military medical treatment facility is available for members of the armed forces and covered beneficiaries based on—
|
||||
|
||||
(i) the needs of the military medical treatment facility to meet the access standards under the TRICARE Prime program; and
|
||||
|
||||
(ii) the primary care utilization patterns of members and covered beneficiaries at such military medical treatment facility.
|
||||
|
||||
(B) The primary care clinic hours at a military medical treatment facility determined under subparagraph (A) shall include expanded hours beyond regular business hours during weekdays and the weekend if the Secretary determines under such subparagraph that sufficient demand exists at the military medical treatment facility for such expanded primary care clinic hours.
|
||||
|
||||
(Added Pub. L. 114–328, div. A, title VII, § 704(a), Dec. 23, 2016, 130 Stat. 2200.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
ImplementationPub. L. 114–328, div. A, title VII, § 704(c), Dec. 23, 2016, 130 Stat. 2201, provided that: “The Secretary of Defense shall implement— “(1) subsection (a) of section 1077a of title 10, United States Code, as added by subsection (a) of this section, by not later than one year after the date of the enactment of this Act [Dec. 23, 2016]; and “(2) subsection (c) of such section by not later than 180 days after the date of the enactment of this Act.”
|
||||
@@ -0,0 +1,55 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1078"
|
||||
description: "Medical and dental care for dependents: charges"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "55"
|
||||
chapter_name: "MEDICAL AND DENTAL CARE"
|
||||
section: "1078"
|
||||
citation: "10 U.S.C. § 1078"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
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||||
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|
||||
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|
||||
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||||
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||||
text_hash: "7b19647a942dcb173298828ce1a831fc0e2b1861952fa0bc5da0957f50f7386f"
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1078 - Medical and dental care for dependents: charges
|
||||
|
||||
## Text
|
||||
|
||||
(a) The Secretary of Defense, after consulting the other administering Secretaries, shall prescribe fair charges for inpatient medical and dental care given to dependents under section 1076 of this title. The charge or charges prescribed shall be applied equally to all classes of dependents.
|
||||
|
||||
(b) As a restraint on excessive demands for medical and dental care under section 1076 of this title, uniform minimal charges may be imposed for outpatient care. Charges may not be more than such amounts, if any, as the Secretary of Defense may prescribe after consulting the other administering Secretaries, and after a finding that such charges are necessary.
|
||||
|
||||
(c) Amounts received for subsistence and medical and dental care given under section 1076 of this title shall be deposited to the credit of the appropriation supporting the maintenance and operation of the facility furnishing the care.
|
||||
|
||||
(Added Pub. L. 85–861, § 1(25)(B), Sept. 2, 1958, 72 Stat. 1448; amended Pub. L. 89–614, § 2(5), Sept. 30, 1966, 80 Stat. 863; Pub. L. 96–513, title V, § 511(36), Dec. 12, 1980, 94 Stat. 2923; Pub. L. 98–557, § 19(6), Oct. 30, 1984, 98 Stat. 2869.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 1078(a)1078(b)1078(c)37:403(c).37:403(d).37:403(e).June 7, 1956, ch. 374, § 103(c)(d), (e), 70 Stat. 251. Appropriate references are made to dental care throughout the section to reflect the fact that in certain limited situations, dependents are entitled to dental care under 37:403(h)(4), restated as section 1077(d) of this title. In subsection (b), the word “special” is omitted as surplusage.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 1078, act Aug. 10, 1956, ch. 1041, 70A Stat. 84, prescribed instructions for marking ballots, prior to repeal by Pub. L. 85–861, § 36B(5), Sept. 2, 1958, 72 Stat. 1570, as superseded by the Federal Voting Assistance Act of 1955 which is classified to subchapter I–D (§ 1973cc et seq.) of chapter 20 of Title 42, The Public Health and Welfare.
|
||||
|
||||
Amendments1984—Subsecs. (a), (b). Pub. L. 98–557 substituted reference to other administering Secretaries for reference to Secretary of Health and Human Services. 1980—Subsecs. (a), (b). Pub. L. 96–513 substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”. 1966—Subsec. (a). Pub. L. 89–614 substituted “The charge or charges prescribed shall be applied equally to all classes of dependents” for “Charges shall be the same for all dependents”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1980 AmendmentAmendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
|
||||
|
||||
Effective Date of 1966 AmendmentFor effective date of amendment by Pub. L. 89–614, see section 3 of Pub. L. 89–614, set out as a note under section 1071 of this title.
|
||||
@@ -0,0 +1,171 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1078a"
|
||||
description: "Continued health benefits coverage"
|
||||
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|
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|
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|
||||
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|
||||
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|
||||
chapter_number: "55"
|
||||
chapter_name: "MEDICAL AND DENTAL CARE"
|
||||
section: "1078a"
|
||||
citation: "10 U.S.C. § 1078a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s1078a"
|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1078a - Continued health benefits coverage
|
||||
|
||||
## Text
|
||||
|
||||
(a) Provision of Continued Health Coverage.— The Secretary of Defense shall implement and carry out a program of continued health benefits coverage in accordance with this section to provide persons described in subsection (b) with temporary health benefits comparable to the health benefits provided for former civilian employees of the Federal Government and other persons under section 8905a of title 5.
|
||||
|
||||
(b) Eligible Persons.— The persons referred to in subsection (a) are the following:
|
||||
|
||||
(1) A member of the uniformed services who—
|
||||
|
||||
(A) is discharged or released from active duty (or full-time National Guard duty), whether voluntarily or involuntarily, under other than adverse conditions, as characterized by the Secretary concerned;
|
||||
|
||||
(B) immediately preceding that discharge or release, is entitled to medical and dental care under section 1074(a) of this title (except in the case of a member discharged or released from full-time National Guard duty); and
|
||||
|
||||
(C) after that discharge or release and any period of transitional health care provided under section 1145(a) of this title, would not otherwise be eligible for any benefits under this chapter.
|
||||
|
||||
(2) A member of the Selected Reserve of the Ready Reserve of a reserve component of the armed forces who—
|
||||
|
||||
(A) is discharged or released from service in the Selected Reserve, whether voluntarily or involuntarily, under other than adverse conditions, as characterized by the Secretary concerned;
|
||||
|
||||
(B) immediately preceding that discharge or release, is enrolled in TRICARE Reserve Select; and
|
||||
|
||||
(C) after that discharge or release, would not otherwise be eligible for any benefits under this chapter.
|
||||
|
||||
(3) A person who—
|
||||
|
||||
(A) ceases to meet the requirements for being considered an unmarried dependent child of a member or former member of the uniformed services under section 1072(2)(D) of this title or ceases to meet the requirements for being considered an unmarried dependent under section 1072(2)(I) of this title;
|
||||
|
||||
(B) on the day before ceasing to meet those requirements, was covered under a health benefits plan under this chapter or transitional health care under section 1145(a) of this title as a dependent of the member or former member; and
|
||||
|
||||
(C) would not otherwise be eligible for any benefits under this chapter.
|
||||
|
||||
(4) A person who—
|
||||
|
||||
(A) is an unremarried former spouse of a member or former member of the uniformed services; and
|
||||
|
||||
(B) on the day before the date of the final decree of divorce, dissolution, or annulment was covered under a health benefits plan under this chapter or transitional health care under section 1145(a) of this title as a dependent of the member or former member; and
|
||||
|
||||
(C) is not a dependent of the member or former member under subparagraph (F) or (G) of section 1072(2) of this title or ends a one-year period of dependency under subparagraph (H) of such section.
|
||||
|
||||
(5) Any other person specified in regulations prescribed by the Secretary of Defense for purposes of this paragraph who loses entitlement to health care services under this chapter or section 1145 of this title, subject to such terms and conditions as the Secretary shall prescribe in the regulations.
|
||||
|
||||
(c) Notification of Eligibility.— (1) The Secretary of Defense shall prescribe regulations to provide for persons described in subsection (b) to be notified of eligibility to receive health benefits under this section.
|
||||
|
||||
(2) In the case of a member who becomes (or will become) eligible for continued coverage under subsection (b)(1) or subsection (b)(2), the regulations shall provide for the Secretary concerned to notify the member of the member’s rights under this section as part of preseparation counseling conducted under section 1142 of this title or any other provision of other law.
|
||||
|
||||
(3) In the case of a dependent of a member or former member who becomes eligible for continued coverage under subsection (b)(3), the regulations shall provide that—
|
||||
|
||||
(A) the member or former member may submit to the Secretary concerned a written notice of the dependent’s change in status (including the dependent’s name, address, and such other information as the Secretary of Defense may require); and
|
||||
|
||||
(B) the Secretary concerned shall, within 14 days after receiving that notice, inform the dependent of the dependent’s rights under this section.
|
||||
|
||||
(4) In the case of a former spouse of a member or former member who becomes eligible for continued coverage under subsection (b)(4), the regulations shall provide appropriate notification provisions and a 60-day election period under subsection (d)(3).11 See References in Text note below.
|
||||
|
||||
(d) Election of Coverage.— In order to obtain continued coverage under this section, an appropriate written election (submitted in such manner as the Secretary of Defense may prescribe) shall be made as follows:
|
||||
|
||||
(1) In the case of a member described in subsection (b)(1), the written election shall be submitted to the Secretary concerned before the end of the 60-day period beginning on the later of—
|
||||
|
||||
(A) the date of the discharge or release of the member from active duty or full-time National Guard duty;
|
||||
|
||||
(B) the date on which the period of transitional health care applicable to the member under section 1145(a) of this title ends; or
|
||||
|
||||
(C) the date the member receives the notification required pursuant to subsection (c).
|
||||
|
||||
(2) In the case of a member described in subsection (b)(2), the written election shall be submitted to the Secretary concerned before the end of the 60-day period beginning on the later of—
|
||||
|
||||
(A) the date of the discharge or release of the member from service in the Selected Reserve; and
|
||||
|
||||
(B) the date the member receives the notification required pursuant to subsection (c).
|
||||
|
||||
(3) (A) In the case of a dependent of a member or former member who becomes eligible for continued coverage under subsection (b)(3), the written election shall be submitted to the Secretary concerned before the end of the 60-day period beginning on the later of—
|
||||
|
||||
(i) the date on which the dependent first ceases to meet the requirements for being considered a dependent under subparagraph (D) or (I) of section 1072(2) of this title; or
|
||||
|
||||
(ii) the date the dependent receives the notification pursuant to subsection (c).
|
||||
|
||||
(B) Notwithstanding subparagraph (A), if the Secretary concerned determines that the dependent’s parent has failed to provide the notice referred to in subsection (c)(3)(A) with respect to the dependent in a timely fashion, the 60-day period under this paragraph shall be based only on the date under subparagraph (A)(i).
|
||||
|
||||
(4) In the case of a former spouse of a member or a former member who becomes eligible for continued coverage under subsection (b)(4), the written election shall be submitted to the Secretary concerned before the end of the 60-day period beginning on the later of—
|
||||
|
||||
(A) the date as of which the former spouse first ceases to meet the requirements for being considered a dependent under section 1072(2) of this title; or
|
||||
|
||||
(B) such other date as the Secretary of Defense may prescribe.
|
||||
|
||||
(5) In the case of a person described in subsection (b)(5), by such date as the Secretary shall prescribe in the regulations required for purposes of that subsection.
|
||||
|
||||
(e) Coverage of Dependents.— A person eligible under subsection (b)(1) or subsection (b)(2) to elect to receive coverage may elect coverage either as an individual or, if appropriate, for self and dependents. A person eligible under subsection (b)(3) or subsection (b)(4) may elect only individual coverage.
|
||||
|
||||
(f) Charges.— (1) Under arrangements satisfactory to the Secretary of Defense, a person receiving continued coverage under this section shall be required to pay into the Military Health Care Account or other appropriate account an amount equal to the sum of—
|
||||
|
||||
(A) the employee and agency contributions which would be required in the case of a similarly situated employee enrolled in a comparable health benefits plan under section 8905a(d)(1)(A)(i) of title 5; and
|
||||
|
||||
(B) an amount, not to exceed 10 percent of the amount determined under subparagraph (A), determined under regulations prescribed by the Secretary of Defense to be necessary for administrative expenses; and
|
||||
|
||||
(2) If a person elects to continue coverage under this section before the end of the applicable period under subsection (d), but after the person’s coverage under this chapter (and any transitional extension of coverage under section 1145(a) of this title) expires, coverage shall be restored retroactively, with appropriate contributions (determined in accordance with paragraph (1)) and claims (if any), to the same extent and effect as though no break in coverage had occurred.
|
||||
|
||||
(g) Period of Continued Coverage.— (1) Continued coverage under this section may not extend beyond—
|
||||
|
||||
(A) in the case of a member described in subsection (b)(1), the date which is 18 months after the date the member ceases to be entitled to care under section 1074(a) of this title and any transitional care under section 1145 of this title, as the case may be;
|
||||
|
||||
(B) in the case of a member described in subsection (b)(2), the date which is 18 months after the date the member ceases to be eligible to enroll in TRICARE Reserve Select;
|
||||
|
||||
(C) in the case of a person described in subsection (b)(3), the date which is 36 months after the date on which the person first ceases to meet the requirements for being considered a dependent under subparagraph (D) or (I) of section 1072(2) of this title;
|
||||
|
||||
(D) in the case of a person described in subsection (b)(4), except as provided in paragraph (4), the date which is 36 months after the later of—
|
||||
|
||||
(i) the date on which the final decree of divorce, dissolution, or annulment occurs; and
|
||||
|
||||
(ii) if applicable, the date the one-year extension of dependency under section 1072(2)(H) of this title expires; and
|
||||
|
||||
(E) in the case of a person described in subsection (b)(5), the date that is 36 months after the date on which the person loses entitlement to health care services as described in that subsection.
|
||||
|
||||
(2) Notwithstanding paragraph (1)(C), if a dependent of a member becomes eligible for continued coverage under subsection (b)(3) during a period of continued coverage of the member for self and dependents under this section, extended coverage of the dependent under this section may not extend beyond the date which is 36 months after the date the member became ineligible for medical and dental care under section 1074(a) of this title and any transitional health care under section 1145(a) of this title.
|
||||
|
||||
(3) Notwithstanding paragraph (1)(D), if a person becomes eligible for continued coverage under subsection (b)(4) as the former spouse of a member during a period of continued coverage of the member for self and dependents under this section, extended coverage of the former spouse under this section may not extend beyond the date which is 36 months after the date the member became ineligible for medical and dental care under section 1074(a) of this title and any transitional health care under section 1145(a) of this title.
|
||||
|
||||
(4) (A) Notwithstanding paragraph (1), in the case of a former spouse described in subparagraph (B), continued coverage under this section shall continue for such period as the former spouse may request.
|
||||
|
||||
(B) A former spouse referred to in subparagraph (A) is a former spouse of a member or former member (other than a former spouse whose marriage was dissolved after the separation of the member from the service unless such separation was by retirement)—
|
||||
|
||||
(i) who has not remarried before age 55 after the marriage to the employee, former employee, or annuitant was dissolved;
|
||||
|
||||
(ii) who was enrolled in an approved health benefits plan under this chapter as a family member at any time during the 18-month period before the date of the divorce, dissolution, or annulment; and
|
||||
|
||||
(iii) (I) who is receiving any portion of the retired or retainer pay of the member or former member or an annuity based on the retired or retainer pay of the member; or
|
||||
|
||||
(II) for whom a court order (as defined in section 1408(a)(2) of this title) has been issued for payment of any portion of the retired or retainer pay or for whom a court order (as defined in section 1447(13) of this title) or a written agreement (whether voluntary or pursuant to a court order) provides for an election by the member or former member to provide an annuity to the former spouse.
|
||||
|
||||
(h) TRICARE Reserve Select Defined.— In this section, the term “TRICARE Reserve Select” means TRICARE Standard coverage provided under section 1076d of this title.
|
||||
|
||||
(Added Pub. L. 102–484, div. D, title XLIV, § 4408(a)(1), Oct. 23, 1992, 106 Stat. 2708; amended Pub. L. 103–35, title II, § 201(g)(1), May 31, 1993, 107 Stat. 99; Pub. L. 103–337, div. A, title VII, § 702(c), Oct. 5, 1994, 108 Stat. 2798; Pub. L. 104–201, div. A, title X, § 1074(a)(4), Sept. 23, 1996, 110 Stat. 2658; Pub. L. 105–85, div. A, title X, § 1073(a)(17), Nov. 18, 1997, 111 Stat. 1901; Pub. L. 108–136, div. A, title VII, § 713(a), Nov. 24, 2003, 117 Stat. 1530; Pub. L. 110–181, div. A, title VII, § 705, Jan. 28, 2008, 122 Stat. 189; Pub. L. 114–92, div. A, title VII, § 703, Nov. 25, 2015, 129 Stat. 861.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSubsection (d)(3), referred to in subsec. (c)(4), was redesignated subsec. (d)(4) by Pub. L. 114–92, div. A, title VII, § 703(c)(1), Nov. 25, 2015, 129 Stat. 861.
|
||||
|
||||
Amendments2015—Subsec. (b)(2) to (5). Pub. L. 114–92, § 703(a), added par. (2) and redesignated former pars. (2) to (4) as (3) to (5), respectively. Subsec. (c)(2). Pub. L. 114–92, § 703(b), inserted “or subsection (b)(2)” after “subsection (b)(1)”. Subsec. (c)(3). Pub. L. 114–92, § 703(g)(1)(A), substituted “subsection (b)(3)” for “subsection (b)(2)” in introductory provisions. Subsec. (c)(4). Pub. L. 114–92, § 703(g)(1)(B), substituted “subsection (b)(4)” for “subsection (b)(3)”. Subsec. (d)(2). Pub. L. 114–92, § 703(c)(2), added par. (2). Former par. (2) redesignated (3). Subsec. (d)(3). Pub. L. 114–92, § 703(c)(1), redesignated par. (2) as (3). Former par. (3) redesignated (4). Subsec. (d)(3)(A). Pub. L. 114–92, § 703(g)(2)(A), substituted “subsection (b)(3)” for “subsection (b)(2)” in introductory provisions. Subsec. (d)(4). Pub. L. 114–92, § 703(c)(1), (g)(2)(B), redesignated par. (3) as (4) and substituted “subsection (b)(4)” for “subsection (b)(3)” in introductory provisions. Former par. (4) redesignated (5). Subsec. (d)(5). Pub. L. 114–92, § 703(c)(1), (g)(2)(C), redesignated par. (4) as (5) and substituted “subsection (b)(5)” for “subsection (b)(4)”. Subsec. (e). Pub. L. 114–92, § 703(d), (g)(3), inserted “or subsection (b)(2)” after “subsection (b)(1)” and substituted “subsection (b)(3) or subsection (b)(4)” for “subsection (b)(2) or subsection (b)(3)”. Subsec. (g)(1)(B). Pub. L. 114–92, § 703(e)(2), added subpar. (B). Former subpar. (B) redesignated (C). Subsec. (g)(1)(C). Pub. L. 114–92, § 703(e)(1), (g)(4)(A)(i), redesignated subpar. (B) as (C) and substituted “subsection (b)(3)” for “subsection (b)(2)”. Former subpar. (C) redesignated (D). Subsec. (g)(1)(D). Pub. L. 114–92, § 703(e)(1), (g)(4)(A)(ii), redesignated subpar. (C) as (D) and substituted “subsection (b)(4)” for “subsection (b)(3)” in introductory provisions. Former subpar. (D) redesignated (E). Subsec. (g)(1)(E). Pub. L. 114–92, § 703(e)(1), (g)(4)(A)(iii), redesignated subpar. (D) as (E) and substituted “subsection (b)(5)” for “subsection (b)(4)”. Subsec. (g)(2). Pub. L. 114–92, § 703(g)(4)(B), substituted “paragraph (1)(C)” for “paragraph (1)(B)” and “subsection (b)(3)” for “subsection (b)(2)”. Subsec. (g)(3). Pub. L. 114–92, § 703(g)(4)(C), substituted “paragraph (1)(D)” for “paragraph (1)(C)” and “subsection (b)(4)” for “subsection (b)(3)”. Subsec. (h). Pub. L. 114–92, § 703(f), added subsec. (h). 2008—Subsec. (b)(4). Pub. L. 110–181, § 705(a), added par. (4). Subsec. (d)(4). Pub. L. 110–181, § 705(b), added par. (4). Subsec. (g)(1)(D). Pub. L. 110–181, § 705(c), added subpar. (D). 2003—Subsec. (b)(1), (2)(A), (3)(A). Pub. L. 108–136 substituted “uniformed services” for “armed forces”. 1997—Subsec. (g)(4)(B)(iii)(II). Pub. L. 105–85 substituted “section 1447(13)” for “section 1447(8)”. 1996—Subsec. (a). Pub. L. 104–201 substituted “The Secretary” for “Beginning on October 1, 1994, the Secretary”. 1994—Subsec. (b)(2)(A). Pub. L. 103–337, § 702(c)(1), inserted before semicolon “or ceases to meet the requirements for being considered an unmarried dependent under section 1072(2)(I) of this title”. Subsec. (c)(3). Pub. L. 103–337, § 702(c)(2), substituted “dependent” for “child” in two places and “dependent’s” for “child’s” wherever appearing. Subsec. (d)(2)(A). Pub. L. 103–337, § 702(c)(3), substituted “a dependent” for “a child” in introductory provisions, “the dependent” for “the child” in cls. (i) and (ii), and “a dependent under subparagraph (D) or (I) of section 1072(2) of this title;” for “an unmarried dependent child under section 1072(2)(D) of this title,” in cl. (i). Subsec. (d)(2)(B). Pub. L. 103–337, § 702(c)(4), substituted “dependent’s” for “child’s” and “dependent” for “child”. Subsec. (g)(1)(B). Pub. L. 103–337, § 702(c)(5), substituted “a dependent under subparagraph (D) or (I) of section 1072(2) of this title” for “an unmarried dependent child under section 1072(2)(D) of this title”. Subsec. (g)(2). Pub. L. 103–337, § 702(c)(6), substituted “dependent” for “child” in two places. 1993—Subsec. (b)(3)(C). Pub. L. 103–35, § 201(g)(1)(A), substituted “subparagraph” for “subparagraphs” after “member under”. Subsec. (d)(2)(A). Pub. L. 103–35, § 201(g)(1)(B), inserted “under” after “coverage”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2003 AmendmentPub. L. 108–136, div. A, title VII, § 713(b), Nov. 24, 2003, 117 Stat. 1531, provided that: “The amendments made by subsection (a) [amending this section] shall apply to members of the uniformed services who are not otherwise covered by section 1078a of title 10, United States Code, before the date of the enactment of this Act [Nov. 24, 2003] and who, on or after such date, first meet the eligibility criteria specified in subsection (b) of that section.”
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1078b - Provision of food to certain members and dependents not receiving inpatient care in military medical treatment facilities
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— (1) Under regulations prescribed by the Secretary of Defense, the Secretary may provide food and beverages to an individual described in paragraph (2) at no cost to the individual.
|
||||
|
||||
(2) An individual described in this paragraph is the following:
|
||||
|
||||
(A) A member or former member of the uniformed services or dependent—
|
||||
|
||||
(i) who is receiving outpatient medical care at a military medical treatment facility; and
|
||||
|
||||
(ii) whom the Secretary determines is unable to purchase food and beverages while at such facility by virtue of receiving such care.
|
||||
|
||||
(B) A member or former member of the uniformed services or dependent—
|
||||
|
||||
(i) who is a family member of an infant receiving inpatient medical care at a military medical treatment facility;
|
||||
|
||||
(ii) who provides care to the infant while the infant receives such inpatient medical care; and
|
||||
|
||||
(iii) whom the Secretary determines is unable to purchase food and beverages while at such facility by virtue of providing such care to the infant.
|
||||
|
||||
(C) A member or former member of the uniformed services or dependent whom the Secretary determines is under similar circumstances as a member, former member, or dependent described in subparagraph (A) or (B).
|
||||
|
||||
(b) Regulations.— The Secretary shall ensure that regulations prescribed under this section are consistent with generally accepted practices in private medical treatment facilities.
|
||||
|
||||
(Added Pub. L. 112–81, div. A, title VII, § 704(a), Dec. 31, 2011, 125 Stat. 1472; amended Pub. L. 113–291, div. A, title VII, § 705, Dec. 19, 2014, 128 Stat. 3413.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2014—Subsec. (a)(2). Pub. L. 113–291, § 705(1), substituted “A member or former member” for “A member” wherever appearing. Subsec. (a)(2)(C). Pub. L. 113–291, § 705(2), substituted “member, former member, or dependent” for “member or dependent”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatePub. L. 112–81, div. A, title VII, § 704(c), Dec. 31, 2011, 125 Stat. 1473, provided that: “The amendments made by this section [enacting this section] shall take effect on the date that is 90 days after the date of the enactment of this Act [Dec. 31, 2011].”
|
||||
File diff suppressed because one or more lines are too long
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1079a - TRICARE program: treatment of refunds and other amounts collected
|
||||
|
||||
## Text
|
||||
|
||||
All refunds and other amounts collected in the administration of the TRICARE program shall be credited to the appropriation available for that program for the fiscal year in which the refund or amount is collected.
|
||||
|
||||
(Added Pub. L. 104–201, div. A, title VII, § 733(a)(1), Sept. 23, 1996, 110 Stat. 2597; amended Pub. L. 114–328, div. A, title VII, § 701(j)(1)(D), Dec. 23, 2016, 130 Stat. 2192.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsProvisions similar to those in this section were contained in the following appropriations acts: Pub. L. 104–61, title VIII, § 8094, Dec. 1, 1995, 109 Stat. 671. Pub. L. 103–335, title VIII, § 8144, Sept. 30, 1994, 108 Stat. 2656.
|
||||
|
||||
Amendments2016—Pub. L. 114–328 substituted “TRICARE program” for “CHAMPUS” in section catchline and “the TRICARE program” for “the Civilian Health and Medical Program of the Uniformed Services” in text.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 applicable with respect to the provision of health care under the TRICARE program beginning on Jan. 1, 2018, see section 701(k) of Pub. L. 114–328, set out as a note under section 1072 of this title.
|
||||
@@ -0,0 +1,79 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1079b - Procedures for charging fees for care provided to civilians; retention and use of fees collected
|
||||
|
||||
## Text
|
||||
|
||||
(a) Requirement To Implement Procedures.— The Secretary of Defense shall implement procedures under which a military medical treatment facility may charge civilians who are not covered beneficiaries (or their insurers) fees representing the costs, as determined by the Secretary, of trauma and other medical care provided to such civilians.
|
||||
|
||||
(b) Waiver of Fees.— The Director of the Defense Health Agency may issue a waiver for a fee that would otherwise be charged under the procedures implemented under subsection (a) to a civilian provided medical care who is not a covered beneficiary if the provision of such care enhances the knowledge, skills, and abilities of health care providers, as determined by the Director of the Defense Health Agency.
|
||||
|
||||
(c) Modified Payment Plan for Certain Civilians.— (1) (A) If a civilian specified in subsection (a) is covered by a covered payer at the time care under this section is provided, the civilian shall only be responsible to pay the standard copays, coinsurance, deductibles, or nominal fees that are otherwise applicable under the covered payer plan.
|
||||
|
||||
(B) Except with respect to the copays, coinsurance, deductibles, and nominal fees specified in subparagraph (A)—
|
||||
|
||||
(i) the Secretary of Defense may bill only the covered payer for care provided to a civilian described in subparagraph (A); and
|
||||
|
||||
(ii) payment received by the Secretary from the covered payer of a civilian for care provided under this section that is provided to the civilian shall be considered payment in full for such care.
|
||||
|
||||
(2) If a civilian specified in subsection (a) does not meet the criteria under paragraph (1), is underinsured, or has a remaining balance and is at risk of financial harm, the Director of the Defense Health Agency shall reduce each fee that would otherwise be charged to the civilian under this section according to a sliding fee discount program, as prescribed by the Director of the Defense Health Agency.
|
||||
|
||||
(3) If a civilian specified in subsection (a) does not meet the criteria under paragraph (1) or (2), the Director of the Defense Health Agency shall implement an additional catastrophic waiver to prevent severe financial harm.
|
||||
|
||||
(4) The modified payment plan under this subsection may not be administered by a Federal agency other than the Department of Defense.
|
||||
|
||||
(d) Use of Fees Collected.— A military medical treatment facility may retain and use the amounts collected under subsection (a) for—
|
||||
|
||||
(1) trauma consortium activities;
|
||||
|
||||
(2) administrative, operating, and equipment costs; and
|
||||
|
||||
(3) readiness training.
|
||||
|
||||
(e) Definitions.— In this section:
|
||||
|
||||
(1) The term “covered payer” means a third-party payer or other insurance, medical service, or health plan.
|
||||
|
||||
(2) The terms “third-party payer” and “insurance, medical service, or health plan” have the meaning given those terms in section 1095(h) of this title.
|
||||
|
||||
(Added Pub. L. 107–107, div. A, title VII, § 732(a)(1), Dec. 28, 2001, 115 Stat. 1169; amended Pub. L. 116–283, div. A, title VII, § 702, Jan. 1, 2021, 134 Stat. 3686; Pub. L. 117–263, div. A, title VII, § 716(a), (b), Dec. 23, 2022, 136 Stat. 2661.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2022—Subsec. (b). Pub. L. 117–263, § 716(a)(1), amended subsec. (b) generally. Prior to amendment, text read as follows: “The Secretary may waive a fee that would otherwise be charged under the procedures implemented under subsection (a) to a civilian who is not a covered beneficiary if— “(1) the civilian is unable to pay for the costs of the trauma or other medical care provided to the civilian (including any such costs remaining after the Secretary receives payment from an insurer for such care, as applicable); and “(2) the provision of such care enhances the knowledge, skills, and abilities of health care providers, as determined by the Secretary.” Subsecs. (c), (d). Pub. L. 117–263, § 716(a)(2), (b)(1), added subsec. (c) and redesignated former subsec. (c) as (d). Subsec. (e). Pub. L. 117–263, § 716(b)(2), added subsec. (e). 2021—Subsecs. (b), (c). Pub. L. 116–283 added subsec. (b) and redesignated former subsec. (b) as (c).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2022 AmendmentPub. L. 117–263, div. A, title VII, § 716(c), Dec. 23, 2022, 136 Stat. 2661, provided that: “The amendments made by subsections (a) and (b) [amending this section] shall apply with respect to care provided on or after the date that is 180 days after the date of the enactment of this Act [Dec. 23, 2022].”
|
||||
|
||||
Improved Implementation of Financial Relief for Civilians Treated in Military Medical Treatment FacilitiesPub. L. 118–159, div. A, title VII, § 717, Dec. 23, 2024, 138 Stat. 1949, provided that: “(a) Final Rule Required.—The Secretary of Defense shall issue a final rule (or interim final rule) to implement as soon as possible after the date of the enactment of this Act [Dec. 23, 2024] section 1079b of title 10, United States Code. “(b) Treatment of Claims.—“(1) In general.—Except as provided in paragraph (2), the Secretary shall hold in abeyance any claims under section 1079b of title 10, United States Code, until the final rule (or interim final rule) required under subsection (a) is in effect. “(2) Exception.—Paragraph (1) does not apply to—“(A) claims to third-party payers; or “(B) administrative support provided to the Secretary by another Federal agency to assist the Secretary in the administration of section 1079b of title 10, United States Code.”
|
||||
|
||||
Deadline for ImplementationPub. L. 107–107, div. A, title VII, § 732(b), Dec. 28, 2001, 115 Stat. 1170, directed the Secretary of Defense to begin to implement the procedures required by subsec. (a) of this section not later than one year after Dec. 28, 2001.
|
||||
@@ -0,0 +1,67 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
section: "1079c"
|
||||
citation: "10 U.S.C. § 1079c"
|
||||
status: "current"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1079c - Provisional coverage for emerging services and supplies
|
||||
|
||||
## Text
|
||||
|
||||
(a) Provisional Coverage.— In carrying out the TRICARE program, including pursuant to section 1079(a)(12) of this title, the Secretary of Defense, acting through the Assistant Secretary of Defense for Health Affairs, may provide provisional coverage for the provision of a service or supply if the Secretary determines that such service or supply is widely recognized in the United States as being safe and effective.
|
||||
|
||||
(b) Consideration of Evidence.— In making a determination under subsection (a), the Secretary may consider—
|
||||
|
||||
(1) clinical trials published in refereed medical literature;
|
||||
|
||||
(2) formal technology assessments;
|
||||
|
||||
(3) the positions of national medical policy organizations;
|
||||
|
||||
(4) national professional associations;
|
||||
|
||||
(5) national expert opinion organizations; and
|
||||
|
||||
(6) such other validated evidence as the Secretary considers appropriate.
|
||||
|
||||
(c) Independent Evaluation.— In making a determination under subsection (a), the Secretary may arrange for an evaluation from the Institute of Medicine of the National Academies or such other independent entity as the Secretary selects.
|
||||
|
||||
(d) Duration and Terms of Coverage.— (1) Provisional coverage under subsection (a) for a service or supply may be in effect for not longer than a total of five years.
|
||||
|
||||
(2) Prior to the expiration of provisional coverage of a service or supply, the Secretary shall determine the coverage, if any, that will follow such provisional coverage and take appropriate action to implement such determination. If the Secretary determines that the implementation of such determination regarding coverage requires legislative action, the Secretary shall make a timely recommendation to Congress regarding such legislative action.
|
||||
|
||||
(3) The Secretary, at any time, may—
|
||||
|
||||
(A) terminate the provisional coverage under subsection (a) of a service or supply, regardless of whether such termination is before the end of the period described in paragraph (1);
|
||||
|
||||
(B) establish or disestablish terms and conditions for such coverage; or
|
||||
|
||||
(C) take any other action with respect to such coverage.
|
||||
|
||||
(e) Public Notice.— The Secretary shall promptly publish on a publicly accessible Internet website of the TRICARE program a notice for each service or supply that receives provisional coverage under subsection (a), including any terms and conditions for such coverage.
|
||||
|
||||
(f) Finality of Determinations.— Any determination to approve or disapprove a service or supply under subsection (a) and any action made under subsection (d)(3) shall be final.
|
||||
|
||||
(Added Pub. L. 113–291, div. A, title VII, § 704(a), Dec. 19, 2014, 128 Stat. 3412.)
|
||||
@@ -0,0 +1,55 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1080"
|
||||
description: "Contracts for medical care for spouses and children: election of facilities"
|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
citation: "10 U.S.C. § 1080"
|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1080 - Contracts for medical care for spouses and children: election of facilities
|
||||
|
||||
## Text
|
||||
|
||||
(a) Election.— A dependent covered by section 1079 of this title may elect to receive inpatient medical care either in (1) the facilities of the uniformed services, under the conditions prescribed by sections 1076–1078 of this title, or (2) the facilities provided under a plan contracted for under section 1079 of this title. However, under such regulations as the Secretary of Defense, after consulting the other administering Secretaries, may prescribe, the right to make this election may be limited for dependents residing in the area where the member concerned is assigned, if adequate medical facilities of the uniformed services are available in that area for those dependents.
|
||||
|
||||
(b) Issuance of Nonavailability-of-Health-Care Statements.— In determining whether to issue a nonavailability-of-health-care statement for a dependent described in subsection (a), the commanding officer of a facility of the uniformed services may consider the availability of health care services for the dependent pursuant to any contract or agreement entered into under this chapter for the provision of health care services. Notwithstanding any other provision of law, with respect to obstetrics and gynecological care for beneficiaries not enrolled in a managed care plan offered pursuant to any contract or agreement under this chapter, a nonavailability-of-health-care statement shall be required for receipt of health care services related to outpatient prenatal, outpatient or inpatient delivery, and outpatient post-partum care subsequent to the visit which confirms the pregnancy.
|
||||
|
||||
(c) Waivers and Exceptions to Requirements.— (1) A covered beneficiary enrolled in a managed care plan offered pursuant to any contract or agreement under this chapter for the provision of health care services shall not be required to obtain a nonavailability-of-health-care statement as a condition for the receipt of health care.
|
||||
|
||||
(2) The Secretary of Defense may waive the requirement to obtain nonavailability-of-health-care statements following an evaluation of the effectiveness of such statements in optimizing the use of facilities of the uniformed services.
|
||||
|
||||
(Added Pub. L. 85–861, § 1(25)(B), Sept. 2, 1958, 72 Stat. 1449; amended Pub. L. 96–513, title V, § 511(36), Dec. 12, 1980, 94 Stat. 2923; Pub. L. 98–557, § 19(8), Oct. 30, 1984, 98 Stat. 2870; Pub. L. 103–160, div. A, title VII, § 716(b)(1), Nov. 30, 1993, 107 Stat. 1692; Pub. L. 104–201, div. A, title VII, § 734(a)(1), (b)(1), (c), Sept. 23, 1996, 110 Stat. 2598; Pub. L. 106–65, div. A, title VII, § 712(c), Oct. 5, 1999, 113 Stat. 687.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 108037:411(c).June 7, 1956, ch. 374, § 201(c), 70 Stat. 252. The words “a plan contracted for under section 1079 of this title” are substituted for the words “such insurance, medical service, or health plan or plans as may be provided by the authority contained in this section”. The words “under the terms of this chapter” are omitted as surplusage.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 1080, act Aug. 10, 1956, ch. 1041, 70A Stat. 85, related to style and marking of envelopes, inserts, return envelopes, and to weight of ballots, prior to repeal by Pub. L. 85–861, § 36B(5), Sept. 2, 1958, 72 Stat. 1570, as superseded by the Federal Voting Assistance Act of 1955 which is classified to subchapter I–D (§ 1973cc et seq.) of chapter 20 of Title 42, The Public Health and Welfare.
|
||||
|
||||
Amendments1999—Subsec. (b). Pub. L. 106–65 inserted at end “Notwithstanding any other provision of law, with respect to obstetrics and gynecological care for beneficiaries not enrolled in a managed care plan offered pursuant to any contract or agreement under this chapter, a nonavailability-of-health-care statement shall be required for receipt of health care services related to outpatient prenatal, outpatient or inpatient delivery, and outpatient post-partum care subsequent to the visit which confirms the pregnancy.” 1996—Subsec. (a). Pub. L. 104–201, § 734(a)(1), inserted “inpatient” before “medical care” in first sentence. Subsec. (b). Pub. L. 104–201, § 734(c), substituted “Nonavailability-of-Health-Care Statements” for “Nonavailability of Health Care Statements” in heading and “nonavailability-of-health-care statement” for “nonavailability of health care statement” in text. Subsec. (c). Pub. L. 104–201, § 734(b)(1), added subsec. (c). 1993—Pub. L. 103–160 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1984—Pub. L. 98–557 substituted reference to administering Secretaries for reference to Secretary of Health and Human Services. 1980—Pub. L. 96–513 substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1980 AmendmentAmendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1081 - Contracts for medical care for spouses and children: review and adjustment of payments
|
||||
|
||||
## Text
|
||||
|
||||
Each plan under section 1079 of this title shall provide for a review, and if necessary an adjustment of payments, by the appropriate administering Secretary, not later than 120 days after the close of each year the plan is in effect.
|
||||
|
||||
(Added Pub. L. 85–861, § 1(25)(B), Sept. 2, 1958, 72 Stat. 1449; amended Pub. L. 96–513, title V, § 511(36), Dec. 12, 1980, 94 Stat. 2923; Pub. L. 97–375, title I, § 104(a), Dec. 21, 1982, 96 Stat. 1819; Pub. L. 98–94, title XII, § 1268(5)(A), Sept. 24, 1983, 97 Stat. 706; Pub. L. 98–557, § 19(9), Oct. 30, 1984, 98 Stat. 2870.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 108137:412.June 7, 1956, ch. 374, § 202, 70 Stat. 253. The words “Each plan under section 1079 of this title” are substituted for the words “Any insurance, medical service, or health plan or plans which may be entered into by the Secretary of Defense with respect to medical care under the provisions of this chapter”. The words “after the close of each year the plan is in effect” are substituted for the words “after the first year the plan or plans have been in effect and each year thereafter”. The words “Not later than” are substituted for the word “within”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 1081, act Aug. 10, 1956, ch. 1041, 70A Stat. 86, related to notification of elections, prior to repeal by Pub. L. 85–861, § 36B(5), Sept. 2, 1958, 72 Stat. 1570, as superseded by the Federal Voting Assistance Act of 1955 which is classified to subchapter I–D (§ 1973cc et seq.) of chapter 20 of Title 42, The Public Health and Welfare.
|
||||
|
||||
Amendments1984—Pub. L. 98–557 substituted reference to appropriate administering Secretary for reference to Secretary of Defense and Secretary of Health and Human Services. 1983—Pub. L. 98–94 struck out “; reports” after “adjustment of payments” in section catchline. 1982—Pub. L. 97–375 struck out requirement that the Secretary of Defense report to the Committees on Armed Services of the Congress amounts paid and adjustments made during the year covered by the review not later than 90 days after such review. 1980—Pub. L. 96–513 substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1980 AmendmentAmendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
|
||||
@@ -0,0 +1,51 @@
|
||||
---
|
||||
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|
||||
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|
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1082 - Contracts for health care: advisory committees
|
||||
|
||||
## Text
|
||||
|
||||
To carry out sections 1079–1081 and 1086 of this title, the Secretary of Defense may establish advisory committees on insurance, medical service, and health plans, to advise and make recommendations to him. He shall prescribe regulations defining their scope, activities, and procedures. Each committee shall consist of the Secretary, or his designee, as chairman, and such other persons as the Secretary may select. So far as possible, the members shall be representative of the organizations in the field of insurance, medical service, and health plans. They shall serve without compensation but may be allowed transportation and a per diem payment in place of subsistence and other expenses.
|
||||
|
||||
(Added Pub. L. 85–861, § 1(25)(B), Sept. 2, 1958, 72 Stat. 1449; amended Pub. L. 89–614, § 2(8), Sept. 30, 1966, 80 Stat. 866.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 108237:413.June 7, 1956, ch. 374, § 203, 70 Stat. 253. The word “organizations” is inserted for clarity. The words “consult” and “or plans” are omitted as surplusage.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 1082, act Aug. 10, 1956, ch. 1041, 70A Stat. 87, related to extension of time limit for making ballots available, prior to repeal by Pub. L. 85–861, § 36B(5), Sept. 2, 1958, 72 Stat. 1570, as superseded by the Federal Voting Assistance Act of 1955 which is classified to subchapter I–D (§ 1973cc et seq.) of chapter 20 of Title 42, The Public Health and Welfare.
|
||||
|
||||
Amendments1966—Pub. L. 89–614 substituted “Contracts for health care” for “Contracts for medical care for spouses and children” in section catchline and included reference to section 1086 in text.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1966 AmendmentFor effective date of amendment by Pub. L. 89–614, see section 3 of Pub. L. 89–614, set out as a note under section 1071 of this title.
|
||||
|
||||
Termination of Advisory CommitteesAdvisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.
|
||||
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|
||||
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|
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|
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|
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|
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|
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|
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|
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||||
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|
||||
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|
||||
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|
||||
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|
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|
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---
|
||||
|
||||
# 10 U.S.C. § 1083 - Contracts for medical care for spouses and children: additional hospitalization
|
||||
|
||||
## Text
|
||||
|
||||
If a dependent covered by a plan under section 1079 of this title needs hospitalization beyond the time limits in that plan, and if the hospitalization is authorized in medical facilities of the uniformed services, he may be transferred to such a facility for additional hospitalization. If transfer is not feasible, the expenses of additional hospitalization in the civilian facility may be paid under such regulations as the Secretary of Defense may prescribe after consulting the other administering Secretaries.
|
||||
|
||||
(Added Pub. L. 85–861, § 1(25)(B), Sept. 2, 1958, 72 Stat. 1449; amended Pub. L. 96–513, title V, § 511(36), Dec. 12, 1980, 94 Stat. 2923; Pub. L. 98–557, § 19(10), Oct. 30, 1984, 98 Stat. 2870.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 108337:423.June 7, 1956, ch. 374, § 303, 70 Stat. 254. The words “dependent covered by a plan under section 1079 of this title” are substituted for the words “person who is covered under an insurance, medical service, or health plan or plans, as provided in this chapter”. The words “period of”, “or plans”, and “required by such person in a civilian facility” are omitted as surplusage.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 1083, act Aug. 10, 1956, ch. 1041, 70A Stat. 87, related to transmission, delivery, and return of post cards, ballots, etc., prior to repeal by Pub. L. 85–861, § 36B(5), Sept. 2, 1958, 72 Stat. 1570, as superseded by the Federal Voting Assistance Act of 1955 which is classified to subchapter I–D (§ 1973cc et seq.) of chapter 20 of Title 42, The Public Health and Welfare.
|
||||
|
||||
Amendments1984—Pub. L. 98–557 substituted reference to other administering Secretaries for reference to Secretary of Health and Human Services. 1980—Pub. L. 96–513 substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1980 AmendmentAmendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
|
||||
@@ -0,0 +1,51 @@
|
||||
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|
||||
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|
||||
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|
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|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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---
|
||||
|
||||
# 10 U.S.C. § 1084 - Determinations of dependency
|
||||
|
||||
## Text
|
||||
|
||||
A determination of dependency by an administering Secretary under this chapter is conclusive. However, the administering Secretary may change a determination because of new evidence or for other good cause. The Secretary’s determination may not be reviewed in any court or by the Comptroller General, unless there has been fraud or gross negligence.
|
||||
|
||||
(Added Pub. L. 85–861, § 1(25)(B), Sept. 2, 1958, 72 Stat. 1450; amended Pub. L. 89–614, § 2(1), Sept. 30, 1966, 80 Stat. 862; Pub. L. 96–513, title V, § 511(34)(A), (36), Dec. 12, 1980, 94 Stat. 2922, 2923; Pub. L. 98–557, § 19(11), Oct. 30, 1984, 98 Stat. 2870; Pub. L. 108–375, div. A, title X, § 1084(c)(1), Oct. 28, 2004, 118 Stat. 2061.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 108437:404.June 7, 1956, ch. 374, § 304, 70 Stat. 254. The words “the General Accounting Office” are substituted for the words “any accounting officer of the Government” for clarity. The words “All” and “for all purposes” are omitted as surplusage.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 1084, act Aug. 10, 1956, ch. 1041, 70A Stat. 87, related to administration of former sections 1071 to 1086 of this title, prior to repeal by Pub. L. 85–861, § 36B(5), Sept. 2, 1958, 72 Stat. 1570, as superseded by the Federal Voting Assistance Act of 1955 which is classified to subchapter I–D (§ 1973cc et seq.) of chapter 20 of Title 42, The Public Health and Welfare.
|
||||
|
||||
Amendments2004—Pub. L. 108–375 substituted “Comptroller General” for “General Accounting Office”. 1984—Pub. L. 98–557 substituted reference to administering Secretary for reference to Secretary of Defense and Secretary of Health and Human Services and reference to administering Secretary for reference to he. 1980—Pub. L. 96–513 substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”, and “this chapter” for “sections 1071–1087 of this title”. 1966—Pub. L. 89–614 substituted “1087” for “1085”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1980 AmendmentAmendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
|
||||
|
||||
Effective Date of 1966 AmendmentFor effective date of amendment by Pub. L. 89–614, see section 3 of Pub. L. 89–614, set out as a note under section 1071 of this title.
|
||||
@@ -0,0 +1,55 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1085 - Medical and dental care from another executive department: reimbursement
|
||||
|
||||
## Text
|
||||
|
||||
If a member or former member of a uniformed service under the jurisdiction of one executive department (or a dependent of such a member or former member) receives inpatient medical or dental care in a facility under the jurisdiction of another executive department, the appropriation for maintaining and operating the facility furnishing the care shall be reimbursed at rates established by the President to reflect the average cost of providing the care.
|
||||
|
||||
(Added Pub. L. 85–861, § 1(25)(B), Sept. 2, 1958, 72 Stat. 1450; amended Pub. L. 89–264, § 1, Oct. 19, 1965, 79 Stat. 989; Pub. L. 96–513, title V, § 511(36), (37), Dec. 12, 1980, 94 Stat. 2923; Pub. L. 98–94, title XII, § 1268(6), Sept. 24, 1983, 97 Stat. 706; Pub. L. 98–557, § 19(12), Oct. 30, 1984, 98 Stat. 2870; Pub. L. 99–145, title XIII, § 1303(a)(8), Nov. 8, 1985, 99 Stat. 739.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 108537:421(d).June 7, 1956, ch. 374, § 301(d), 70 Stat. 253. The words “other than that of the member or former member concerned” are substituted for the words “that is not the service of which he is a member or retired member, or that is not the service of the member or retired member upon whom he is dependent”. The word “medical” before the word “facility” is omitted to make clear that the provision also relates to dental care. The words “pursuant to the provisions of this chapter” are omitted as surplusage.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 1085, act Aug. 10, 1956, ch. 1041, 70A Stat. 87, related to prevention of fraud, coercion, and undue influence, to free discussion, and to acts done in good faith, prior to repeal by Pub. L. 85–861, § 36B(5), Sept. 2, 1958, 72 Stat. 1570, as superseded by the Federal Voting Assistance Act of 1955 which is classified to subchapter I–D (§ 1973cc et seq.) of chapter 20 of Title 42, The Public Health and Welfare.
|
||||
|
||||
Amendments1985—Pub. L. 99–145 indented first line of text. 1984—Pub. L. 98–557 substituted “If a member or former member of a uniformed service under the jurisdiction of one executive department (or a dependent of such a member or former member) receives inpatient medical or dental care in a facility under the jurisdiction of another executive department, the appropriation for maintaining and operating the facility furnishing the care shall be reimbursed at rates established by the President to reflect the average cost of providing the care” for “If a member or former member of an armed force under the jurisdiction of a military department, or his dependent, receives inpatient medical or dental care in a facility under the jurisdiction of the Secretary of Health and Human Services, or if a member or former member of a uniformed service not under the jurisdiction of a military department, or his dependent, receives inpatient medical or dental care in a facility of an armed force under the jurisdiction of a military department, the appropriation for maintaining and operating the facility furnishing that care shall be reimbursed at rates established by the President to reflect the average cost of providing such care”. 1983—Pub. L. 98–94 inserted a comma after “If a member or former member of an armed force under the jurisdiction of a military department, or his dependent”. 1980—Pub. L. 96–513 substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”, and “President” for “Bureau of the Budget”. 1965—Pub. L. 89–264 substituted “executive department” for “uniformed service” in section catchline, and provisions requiring reimbursement if a member or former member of an armed force under the jurisdiction of a military department, or his dependent receives care in a facility under the jurisdiction of Secretary of Health, Education, and Welfare, or if a member or former member of a uniformed service not under the jurisdiction of a military department, or his dependent, receives care in a facility of an armed force under the jurisdiction of a military department, for provisions which required reimbursement if a person received care in a facility of a uniformed service other than that of the member or former member concerned.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1980 AmendmentAmendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
|
||||
|
||||
Transfer of Funds Necessary To Provide Medical CarePub. L. 114–120, title II, § 217, Feb. 8, 2016, 130 Stat. 46, related to transfer of funds from the Secretary of Homeland Security to the Secretary of Defense in lieu of reimbursement required under section 1085 of title 10, prior to repeal by Pub. L. 114–328, div. A, title VII, § 722(c), Dec. 23, 2016, 130 Stat. 2229.
|
||||
|
||||
Executive Documents
|
||||
|
||||
Delegation of Functions Authority of President under this section to establish uniform rates of reimbursement for inpatient medical or dental care delegated to Secretary of Health and Human Services in respect of such care in a facility under his jurisdiction and to Secretary of Defense in respect of such care in a facility of an armed force under jurisdiction of a military department, see section 6 of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President.
|
||||
File diff suppressed because one or more lines are too long
@@ -0,0 +1,75 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1086a"
|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1086a - Certain former spouses: extension of period of eligibility for health benefits
|
||||
|
||||
## Text
|
||||
|
||||
(a) Availability of Conversion Health Policies.— The Secretary of Defense shall inform each person who has been a dependent for a period of one year or more under section 1072(2)(H) of this title of the availability of a conversion health policy for purchase by the person. A conversion health policy offered under this subsection shall provide coverage for not less than a 24-month period.
|
||||
|
||||
(b) Effect of Purchase.— (1) Subject to paragraph (2), if a person who is a dependent for a one-year period under section 1072(2)(H) of this title purchases a conversion health policy within that period (or within a reasonable time after that period as prescribed by the Secretary of Defense), the person shall continue to be eligible for medical and dental care in the manner described in section 1076 of this title and health benefits under section 1086 of this title until the end of the 24-month period beginning on the later of—
|
||||
|
||||
(A) the date the person is no longer a dependent under section 1072(2)(H) of this title; and
|
||||
|
||||
(B) the date of the purchase of the policy.
|
||||
|
||||
(2) The extended period of eligibility provided under paragraph (1) shall apply only with regard to a condition of the person that—
|
||||
|
||||
(A) exists on the date on which coverage under the conversion health policy begins; and
|
||||
|
||||
(B) for which care is not provided under the policy solely on the grounds that the condition is a preexisting condition.
|
||||
|
||||
(c) Effect of Unavailability of Policies.— (1) If the Secretary of Defense is unable, within a reasonable time, to enter into a contract with a private insurer to offer conversion health policies under subsection (a) at a rate not to exceed the payment required under section 8905a(d)(1)(A) of title 5 for comparable coverage, the Secretary shall provide the coverage required under such a policy through the Civilian Health and Medical Program of the Uniformed Services. Subject to paragraph (2), a person receiving coverage under this subsection shall be required to pay into the Military Health Care Account or other appropriate account an amount equal to the sum of—
|
||||
|
||||
(A) the individual and Government contributions which would be required in the case of a person enrolled in a health benefits plan contracted for under section 1079 of this title; and
|
||||
|
||||
(B) an amount necessary for administrative expenses, but not to exceed two percent of the amount under subparagraph (A).
|
||||
|
||||
(2) The amount paid by a person who purchases a conversion health policy from the Secretary of Defense under paragraph (1) may not exceed the payment required under section 8905a(d)(1)(A) of title 5 for comparable coverage.
|
||||
|
||||
(3) In order to reduce premiums required under paragraph (1), the Secretary of Defense may offer a program of coverage that, with respect to mental health services, offers reduced coverage and increased cost-sharing by the purchaser.
|
||||
|
||||
(d) Conversion Health Policy Defined.— In this section, the term “conversion health policy” means a health insurance policy with a private insurer, developed through negotiations between the Secretary of Defense and the private insurer, that is available for purchase by or for the use of a person who is a dependent for a one-year period under section 1072(2)(H) of this title.
|
||||
|
||||
(Added Pub. L. 101–189, div. A, title VII, § 731(b)(1), Nov. 29, 1989, 103 Stat. 1482; amended Pub. L. 102–484, div. D, title XLIV, § 4407(b), Oct. 23, 1992, 106 Stat. 2707; Pub. L. 103–35, title II, § 202(a)(16), May 31, 1993, 107 Stat. 102.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1993—Subsec. (b)(1). Pub. L. 103–35 made technical amendment to directory language of Pub. L. 102–484, § 4407(b)(2). See 1992 Amendment note below. 1992—Subsec. (a). Pub. L. 102–484, § 4407(b)(1), inserted at end “A conversion health policy offered under this subsection shall provide coverage for not less than a 24-month period.” Subsec. (b)(1). Pub. L. 102–484, § 4407(b)(2), as amended by Pub. L. 103–35, substituted “24-month period” for “one-year period” the second place appearing in the introductory provisions of par. (1). Subsecs. (c), (d). Pub. L. 102–484, § 4407(b)(3), (4), added subsec. (c) and redesignated former subsec. (c) as (d).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1993 AmendmentAmendment by Pub. L. 103–35 applicable as if included in the enactment of Pub. L. 102–484, see section 202(b) of Pub. L. 103–35, set out as a note under section 155 of this title.
|
||||
|
||||
Effective DateSection applicable to a person referred to in 10 U.S.C. 1072(2)(H) whose decree of divorce, dissolution, or annulment becomes final on or after Nov. 29, 1989, and to a person so referred to whose decree became final during the period from Sept. 29, 1988 to Nov. 28, 1989, as if section had become effective on Sept. 29, 1988, see section 731(d) of Pub. L. 101–189, set out as an Effective Date of 1989 Amendment note under section 1072 of this title.
|
||||
|
||||
Application of Amendments by Pub. L. 102–484 to Existing ContractsPub. L. 102–484, div. D, title XLIV, § 4407(c), Oct. 23, 1992, 106 Stat. 2708, provided that: “In the case of conversion health policies provided under section 1145(b) or 1086a(a) of title 10, United States Code, and in effect on the date of the enactment of this Act [Oct. 23, 1992], the Secretary of Defense shall— “(1) arrange with the private insurer providing these policies to extend the term of the policies (and coverage of preexisting conditions) as provided by the amendments made by this section [amending this section and section 1145 of this title]; or “(2) make other arrangements to implement the amendments made by this section with respect to these policies.”
|
||||
|
||||
Termination of Applicability of Other Conversion Health PoliciesPub. L. 102–484, div. D, title XLIV, § 4408(c), Oct. 23, 1992, 106 Stat. 2712, provided that: “(1) No person may purchase a conversion health policy under section 1145(b) or 1086a of title 10, United States Code, on or after October 1, 1994. A person covered by such a conversion health policy on that date may cancel that policy and enroll in a health benefits plan under section 1078a of such title. “(2) No person may be covered concurrently by a conversion health policy under section 1145(b) or 1086a of such title and a health benefits plan under section 1078a of such title.”
|
||||
@@ -0,0 +1,35 @@
|
||||
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|
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|
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|
||||
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1086b - Prohibition against requiring retired members to receive health care solely through the Department of Defense
|
||||
|
||||
## Text
|
||||
|
||||
The Secretary of Defense may not take any action that would require, or have the effect of requiring, a member or former member of the armed forces who is entitled to retired or retainer pay to enroll to receive health care from the Federal Government only through the Department of Defense.
|
||||
|
||||
(Added Pub. L. 107–107, div. A, title VII, § 731(a), Dec. 28, 2001, 115 Stat. 1169.)
|
||||
@@ -0,0 +1,61 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1087"
|
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|
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|
||||
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|
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|
||||
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|
||||
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|
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|
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|
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|
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confidence: "official"
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|
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---
|
||||
|
||||
# 10 U.S.C. § 1087 - Programing facilities for certain members, former members, and their dependents in construction projects of the uniformed services
|
||||
|
||||
## Text
|
||||
|
||||
(a) Space for inpatient and outpatient care may be programed in facilities of the uniformed services for persons covered by sections 1074(b) and 1076(b) of this title. The maximum amount of space that may be so programed for a facility is the greater of—
|
||||
|
||||
(1) the amount of space that would be so programed for the facility in order to meet the requirements to be placed on the facility for support of the teaching and training of health-care professionals; and
|
||||
|
||||
(2) the amount of space that would be so programed for the facility based upon the most cost-effective provision of inpatient and outpatient care to persons covered by sections 1074(b) and 1076(b) of this title.
|
||||
|
||||
(b) (1) In making determinations for the purposes of clauses (1) and (2) of subsection (a), the Secretary concerned shall take into consideration—
|
||||
|
||||
(A) the amount of space that would be so programed for the facility based upon projected inpatient and outpatient workloads at the facility for persons covered by sections 1074(b) and 1076(b) of this title; and
|
||||
|
||||
(B) the anticipated capability of the medical and dental staff of the facility, determined in accordance with regulations prescribed by the Secretary of Defense and based upon realistic projections of the number of physicians and other health-care providers that it can reasonably be expected will be assigned to or will otherwise be available to the facility.
|
||||
|
||||
(2) In addition, a determination made for the purpose of clause (2) of subsection (a) shall be made in accordance with an economic analysis (including a life-cycle cost analysis) of the facility and consideration of all reasonable and available medical care treatment alternatives (including treatment provided under a contract under section 1086 of this title or under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.)).
|
||||
|
||||
(Added Pub. L. 89–614, § 2(7), Sept. 30, 1966, 80 Stat. 866; amended Pub. L. 97–337, § 1, Oct. 15, 1982, 96 Stat. 1631; Pub. L. 98–525, title XIV, § 1405(24), Oct. 19, 1984, 98 Stat. 2623; Pub. L. 99–661, div. A, title XIII, § 1343(a)(4), Nov. 14, 1986, 100 Stat. 3992.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Social Security Act, referred to in subsec. (b)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. Part A of title XVIII of the Social Security Act, is classified generally to Part A (§ 1395c et seq.) of subchapter XVIII of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
|
||||
|
||||
Amendments1986—Subsec. (b)(2). Pub. L. 99–661 substituted “Act (42 U.S.C. 1395c et seq.))” for “Act. (42 U.S.C. 1395c et seq.)”. 1984—Subsec. (b)(2). Pub. L. 98–525 which directed that “(42 U.S.C. 1395c et seq.)” be inserted after “the Social Security Act.”, was executed by inserting parenthetical after “the Social Security Act” to reflect the probable intent of Congress. See 1986 Amendment note above. 1982—Subsec. (a). Pub. L. 97–337, § 1(1), designated existing provisions as subsec. (a). Pub. L. 97–337, § 1(2), substituted provisions limiting the maximum amount of space to be programed as the greater of the amounts of space described in par. (1) or (2) for provisions limiting the amount of space to be programed to that amount needed to support teaching and training requirements, except that space may be programed in areas having large concentrations of retired members where there is a critical shortage of facilities. Subsec. (b). Pub. L. 97–337, § 1(2), added subsec. (b).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1982 AmendmentPub. L. 97–337, § 2, Oct. 15, 1982, 96 Stat. 1632, provided that: “The amendment made by paragraph (2) of the first section of this Act [amending this section] shall apply only with respect to a facility for which funds for construction (or a major alteration) are first appropriated for a fiscal year after fiscal year 1983.”
|
||||
|
||||
Effective DateFor effective date of section, see section 3 of Pub. L. 89–614, set out as a note under section 1071 of this title.
|
||||
@@ -0,0 +1,35 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1088"
|
||||
description: "Air evacuation patients: furnished subsistence"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s1088"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "c289378d872f5ef2e3a97fb08ef217589c9f6b77654efcfa2d1f9111767fb885"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "3add0e6ed7d6daf3e45d4058fd0ea13b05898cffadf3cbeaa9ff2199cac97559"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1088 - Air evacuation patients: furnished subsistence
|
||||
|
||||
## Text
|
||||
|
||||
Notwithstanding any other provision of law, and under regulations to be prescribed by the Secretary concerned, a person entitled to medical and dental care under this chapter may be furnished subsistence without charge while being evacuated as a patient by military aircraft of the United States.
|
||||
|
||||
(Added Pub. L. 91–481, § 2(1), Oct. 21, 1970, 84 Stat. 1081.)
|
||||
@@ -0,0 +1,77 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1089"
|
||||
description: "Defense of certain suits arising out of medical malpractice"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "55"
|
||||
chapter_name: "MEDICAL AND DENTAL CARE"
|
||||
section: "1089"
|
||||
citation: "10 U.S.C. § 1089"
|
||||
status: "current"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1089 - Defense of certain suits arising out of medical malpractice
|
||||
|
||||
## Text
|
||||
|
||||
(a) The remedy against the United States provided by sections 1346(b) and 2672 of title 28 for damages for personal injury, including death, caused by the negligent or wrongful act or omission of any physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel (including medical and dental technicians, nursing assistants, and therapists) of the armed forces, the National Guard while engaged in training or duty under section 316, 502, 503, 504, or 505 of title 32, the Department of Defense, the Armed Forces Retirement Home, or the Central Intelligence Agency in the performance of medical, dental, or related health care functions (including clinical studies and investigations) while acting within the scope of his duties or employment therein or therefor shall hereafter be exclusive of any other civil action or proceeding by reason of the same subject matter against such physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel (or the estate of such person) whose act or omission gave rise to such action or proceeding. This subsection shall also apply to such a physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel (or the estate of such person) serving under a personal services contract entered into under section 1091 of this title or a subcontract at any tier under such a contract that is authorized in accordance with the requirements of such section 1091.
|
||||
|
||||
(b) The Attorney General shall defend any civil action or proceeding brought in any court against any person referred to in subsection (a) of this section (or the estate of such person) for any such injury. Any such person against whom such civil action or proceeding is brought shall deliver within such time after date of service or knowledge of service as determined by the Attorney General, all process served upon such person or an attested true copy thereof to such person’s immediate superior or to whomever was designated by the head of the agency concerned to receive such papers and such person shall promptly furnish copies of the pleading and process therein to the United States attorney for the district embracing the place wherein the action or proceeding is brought, to the Attorney General and to the head of the agency concerned.
|
||||
|
||||
(c) Upon a certification by the Attorney General that any person described in subsection (a) was acting in the scope of such person’s duties or employment at the time of the incident out of which the suit arose, any such civil action or proceeding commenced in a State court shall be removed without bond at any time before trial by the Attorney General to the district court of the United States of the district and division embracing the place wherein it is pending and the proceeding deemed a tort action brought against the United States under the provisions of title 28 and all references thereto. Should a United States district court determine on a hearing on a motion to remand held before a trial on the merits that the case so removed is one in which a remedy by suit within the meaning of subsection (a) of this section is not available against the United States, the case shall be remanded to the State court.
|
||||
|
||||
(d) The Attorney General may compromise or settle any claim asserted in such civil action or proceeding in the manner provided in section 2677 of title 28, and with the same effect.
|
||||
|
||||
(e) For purposes of this section, the provisions of section 2680(h) of title 28 shall not apply to any cause of action arising out of a negligent or wrongful act or omission in the performance of medical, dental, or related health care functions (including clinical studies and investigations).
|
||||
|
||||
(f) (1) The head of the agency concerned may, to the extent that the head of the agency concerned considers appropriate, hold harmless or provide liability insurance for any person described in subsection (a) for damages for personal injury, including death, caused by such person’s negligent or wrongful act or omission in the performance of medical, dental, or related health care functions (including clinical studies and investigations) while acting within the scope of such person’s duties if such person is assigned to a foreign country or detailed for service with other than a Federal department, agency, or instrumentality or if the circumstances are such as are likely to preclude the remedies of third persons against the United States described in section 1346(b) of title 28, for such damage or injury.
|
||||
|
||||
(2) With respect to the Secretary of Defense and the Armed Forces Retirement Home Board, the authority provided by paragraph (1) also includes the authority to provide for reasonable attorney’s fees for persons described in subsection (a), as determined necessary pursuant to regulations prescribed by the head of the agency concerned.
|
||||
|
||||
(g) In this section, the term “head of the agency concerned” means—
|
||||
|
||||
(1) the Director of the Central Intelligence Agency, in the case of an employee of the Central Intelligence Agency;
|
||||
|
||||
(2) the Secretary of Homeland Security, in the case of a member or employee of the Coast Guard when it is not operating as a service in the Navy;
|
||||
|
||||
(3) the Chief Operating Officer of the Armed Forces Retirement Home, in the case of an employee of the Armed Forces Retirement Home; and
|
||||
|
||||
(4) the Secretary of Defense, in all other cases.
|
||||
|
||||
(Added Pub. L. 94–464, § 1(a), Oct. 8, 1976, 90 Stat. 1985; amended Pub. L. 97–124, § 2, Dec. 29, 1981, 95 Stat. 1666; Pub. L. 98–94, title IX, § 934(a)–(c), Sept. 24, 1983, 97 Stat. 651, 652; Pub. L. 100–180, div. A, title XII, § 1231(18)(A), Dec. 4, 1987, 101 Stat. 1161; Pub. L. 101–510, div. A, title XV, § 1533(a)(1), Nov. 5, 1990, 104 Stat. 1733; Pub. L. 105–85, div. A, title VII, § 736(b), Nov. 18, 1997, 111 Stat. 1814; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 110–181, div. A, title IX, § 931(b)(3), Jan. 28, 2008, 122 Stat. 285; Pub. L. 112–81, div. A, title V, § 567(b)(2)(A), Dec. 31, 2011, 125 Stat. 1425; Pub. L. 112–239, div. A, title VII, § 713(a), Jan. 2, 2013, 126 Stat. 1803.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2013—Subsec. (a). Pub. L. 112–239 substituted “to such a physician, dentist, nurse, pharmacist, or paramedical” for “if the physician, dentist, nurse, pharmacist, or paramedical”, struck out “involved is” before “serving under”, and inserted “or a subcontract at any tier under such a contract that is authorized in accordance with the requirements of such section 1091” after “section 1091 of this title”. 2011—Subsec. (g)(3). Pub. L. 112–81 substituted “Chief Operating Officer of the Armed Forces Retirement Home” for “Armed Forces Retirement Home Board”. 2008—Subsec. (g)(1). Pub. L. 110–181 substituted “Director of the Central Intelligence Agency” for “Director of Central Intelligence”. 2002—Subsec. (g)(2). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”. 1997—Subsec. (a). Pub. L. 105–85, § 736(b)(1), inserted at end “This subsection shall also apply if the physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel (or the estate of such person) involved is serving under a personal services contract entered into under section 1091 of this title.” Subsec. (f). Pub. L. 105–85, § 736(b)(2), designated existing provisions as par. (1) and added par. (2). 1990—Subsec. (a). Pub. L. 101–510, § 1533(a)(1)(A), substituted “Armed Forces Retirement Home” for “United States Soldiers’ and Airmen’s Home”. Subsec. (g)(3). Pub. L. 101–510, § 1533(a)(1)(B), added par. (3) and struck out former par. (3) which read as follows: “the Board of Commissioners of the United States Soldiers’ and Airmen’s home, in the case of an employee of the United States Soldiers’ and Airmen’s Home; and”. 1987—Subsec. (g). Pub. L. 100–180 inserted “the term” after “In this section,”. 1983—Subsec. (a). Pub. L. 98–94, § 934(a), inserted “the United States Soldiers’ and Airmen’s Home,”. Subsec. (f). Pub. L. 98–94, § 934(b), substituted “may, to the extent that the head of the agency concerned considers” for “or his designee may, to the extent that he or his designee deems”. Subsec. (g)(3), (4). Pub. L. 98–94, § 934(c)(3), added par. (3) and redesignated former par. (3) as (4). 1981—Subsec. (a). Pub. L. 97–124 inserted “the National Guard while engaged in training or duty under section 316, 502, 503, 504, or 505 of title 32,” after “armed forces,”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2002 AmendmentAmendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.
|
||||
|
||||
Effective Date of 1990 AmendmentAmendment by Pub. L. 101–510 effective one year after Nov. 5, 1990, see section 1541 of Pub. L. 101–510, formerly set out as an Effective Date note under section 401 of Title 24, Hospitals and Asylums.
|
||||
|
||||
Effective Date of 1983 AmendmentPub. L. 98–94, title IX, § 934(d), Sept. 24, 1983, 97 Stat. 652, provided that: “The amendments made by this section [amending this section] shall apply only to claims accruing on or after the date of the enactment of this Act [Sept. 24, 1983].”
|
||||
|
||||
Effective Date of 1981 AmendmentPub. L. 97–124, § 4, Dec. 29, 1981, 95 Stat. 1666, provided that: “The amendments made by this Act [amending this section and section 2671 of Title 28, Judiciary and Judicial Procedure] and the repeal made by section 3 of this Act [repealing section 334 of Title 32, National Guard] shall apply only with respect to claims arising on or after the date of enactment of this Act [Dec. 29, 1981].”
|
||||
|
||||
Effective DatePub. L. 94–464, § 4, Oct. 8, 1976, 90 Stat. 1989, provided that: “This Act [enacting this section, section 334 of Title 32, National Guard, section 2458a of Title 42, The Public Health and Welfare, and provisions set out as notes under this section and section 334 of Title 32] shall become effective on the date of its enactment [Oct. 8, 1976] and shall apply only to those claims accruing on or after such date of enactment.”
|
||||
|
||||
Congressional FindingsPub. L. 94–464, § 2(a), Oct. 8, 1976, 90 Stat. 1986, provided that: “The Congress finds— “(1) that the Army National Guard and the Air National Guard are critical components of the defense posture of the United States; “(2) that a medical capability is essential to the performance of the mission of the National Guard when in Federal service; “(3) that the current medical malpractice crisis poses a serious threat to the availability of sufficient medical personnel for the National Guard; and “(4) that in order to insure that such medical personnel will continue to be available to the National Guard, it is necessary for the Federal Government to assume responsibility for the payment of malpractice claims made against such personnel arising out of actions or omissions on the part of such personnel while they are performing certain training exercises.”
|
||||
@@ -0,0 +1,51 @@
|
||||
---
|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
citation: "10 U.S.C. § 1090"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1090 - Identifying and treating drug and alcohol dependence
|
||||
|
||||
## Text
|
||||
|
||||
The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, shall prescribe regulations, implement procedures using each practical and available method, and provide necessary facilities to identify, treat, and rehabilitate members of the armed forces who are dependent on drugs or alcohol.
|
||||
|
||||
(Added Pub. L. 97–295, § 1(15)(A), Oct. 12, 1982, 96 Stat. 1290; amended Pub. L. 98–94, title XII, § 1268(7), Sept. 24, 1983, 97 Stat. 706; Pub. L. 101–510, div. A, title V, § 553, Nov. 5, 1990, 104 Stat. 1567; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 109010:1071 (note).Sept. 28, 1971, Pub. L. 92–129, § 501(a)(1), 85 Stat. 361. The word “regulations” is added for consistency. The word “persons” is omitted as surplus.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2002—Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”. 1990—Pub. L. 101–510 inserted “, and the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy,” after “Secretary of Defense”. 1983—Pub. L. 98–94 struck out “(a)” before “The Secretary of Defense”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2002 AmendmentAmendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.
|
||||
|
||||
Naloxone and Fentanyl: Regulations; BriefingPub. L. 118–31, div. A, title VII, § 706, Dec. 22, 2023, 137 Stat. 301, provided that: “(a) Regulations.—Not later than January 1, 2025, the Secretary of Defense, in coordination with the Secretaries of the military departments shall prescribe regulations regarding naloxone and fentanyl on military installations. Such regulations shall—“(1) ensure that naloxone is available for members of the Armed Forces—“(A) on all military installations; and “(B) in each operational environment; and “(2) establish a standardized tracking system—“(A) for naloxone distributed under paragraph (1); and “(B) of the illegal use of fentanyl and other controlled substances in the military departments. “(b) Briefing.—Not later than June 1, 2025, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a briefing regarding naloxone and fentanyl. Such briefing shall include the following elements:“(1) Progress in the implementation of regulations prescribed under subsection (a). “(2) The prevalence and incidence of the illegal use of fentanyl and other controlled substances in the military departments during the five years preceding the briefing. “(3) Processes of the military departments to mitigate substance abuse, particularly with regards to fentanyl. “(c) Naloxone Defined.—In this section, the term ‘naloxone’ means naloxone and any other medication used to reverse opioid overdose.”
|
||||
|
||||
Pilot Program on Opioid Management in the Military Health SystemPub. L. 115–232, div. A, title VII, § 716, Aug. 13, 2018, 132 Stat. 1814, as amended by Pub. L. 117–263, div. A, title VII, § 719, Dec. 23, 2022, 136 Stat. 2662, provided that: “(a) Pilot Program.—“(1) In general.—Except as provided in subsection (e), beginning not later than 180 days after the date of the enactment of this Act [Aug. 13, 2018], the Director of the Defense Health Agency shall implement a comprehensive pilot program to assess the feasability [sic] and advisability of mechanisms to minimize early exposure of beneficiaries under the TRICARE program to opioids and to prevent the progression of beneficiaries to misuse or abuse of opioid medications. “(2) Opioid safety across continuum of care.—The pilot program shall include elements to maximize opioid safety across the entire continuum of care consisting of patient, physician or dentist, and pharmacist. “(b) Elements of Pilot Program.—The pilot program shall include the following:“(1) Identification of potential misuse or abuse of opioid medications in pharmacies of military treatment facilities, retail network pharmacies, and the home delivery pharmacy, and the transmission of alerts regarding such potential misuse or abuse of opioids to prescribing physicians and dentists. “(2) Direct engagement with, education for, and management of beneficiaries under the TRICARE program to help such beneficiaries avoid misuse or abuse of opioid medications. “(3) Proactive outreach by specialist pharmacists to beneficiaries under the TRICARE program when identifying potential misuse or abuse of opioid medications. “(4) Monitoring of beneficiaries under the TRICARE program through the use of predictive analytics to identify the potential for opioid abuse and addiction before beneficiaries begin an opioid prescription. “(5) Detection of fraud, waste, and abuse in connection with opioids. “(c) Duration.—“(1) In general.—Except as provided in paragraph (2), the Director shall carry out the pilot program for a period of not more than three years. “(2) Expansion.—The Director may carry out the pilot program on a permanent basis if the Director determines that the mechanisms under the pilot program successfully reduce early opioid exposure in beneficiaries under the TRICARE program and prevent the progression of beneficiaries to misuse or abuse of opioid medications. “(d) Report.—“(1) In general.—Not later than 180 days before completion of the pilot program, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot program. “(2) Elements.—The report required by paragraph (1) shall include the following:“(A) A description of the pilot program, including outcome measures developed to determine the overall effectiveness of the mechanisms under the pilot program. “(B) A description of the ability of the mechanisms under the pilot program to identify misuse and abuse of opioid medications among beneficiaries under the TRICARE program in each pharmacy venue of the pharmacy program of the military health system. “(C) A description of the impact of the use of predictive analytics to monitor beneficiaries under the TRICARE program in order to identify the potential for opioid abuse and addiction before beneficiaries begin an opioid prescription. “(D) A description of any reduction in the misuse or abuse of opioid medications among beneficiaries under the TRICARE program as a result of the pilot program. “(e) Alternative Initiative to Improve Opioid Management.—As an alternative to the pilot program under this section, the Director of the Defense Health Agency, not later than January 1, 2023—“(1) may implement a permanent program to improve opioid management for beneficiaries under the TRICARE program; and “(2) if the Director decides to implement such a permanent program, shall submit to the Committees on Armed Services of the Senate and the House of Representatives the specifications of and reasons for implementing such program. “(f) TRICARE Program Defined.—In this section, the term ‘TRICARE program’ has the meaning given that term in section 1072 of title 10, United States Code.”
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1090a - Identifying and treating eating disorders
|
||||
|
||||
## Text
|
||||
|
||||
(a) Identification, Treatment, and Rehabilitation.— The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, shall prescribe regulations, implement procedures using each practical and available method, and provide necessary facilities to identify, treat, and rehabilitate members of the armed forces who have an eating disorder.
|
||||
|
||||
(b) Facilities Available.— (1) In this section, the term “necessary facilities” includes facilities that provide the services specified in section 1079(r)(1) of this title.
|
||||
|
||||
(2) Consistent with section 1079(r)(1)(B) of this title, residential services shall be provided to a member pursuant to this section only if the member has a primary diagnosis of an eating disorder and treatment at such facility is medically indicated for treatment of that eating disorder.
|
||||
|
||||
(c) Eating Disorder Defined.— In this section, the term “eating disorder” has the meaning given that term in section 1079(r) of this title.
|
||||
|
||||
(Added Pub. L. 117–81, div. A, title VII, § 701(c)(1)(B), Dec. 27, 2021, 135 Stat. 1778; amended Pub. L. 118–31, div. A, title XVIII, § 1801(a)(13), Dec. 22, 2023, 137 Stat. 684.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 1090a was renumbered section 1090b of this title.
|
||||
|
||||
Amendments2023—Pub. L. 118–31 struck out period at end of section catchline.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective Oct. 1, 2022, see section 701(d) of Pub. L. 117–81, set out as an Effective Date of 2021 Amendment note under section 1079 of this title.
|
||||
@@ -0,0 +1,109 @@
|
||||
---
|
||||
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|
||||
title: "10 U.S.C. § 1090b"
|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "55"
|
||||
chapter_name: "MEDICAL AND DENTAL CARE"
|
||||
section: "1090b"
|
||||
citation: "10 U.S.C. § 1090b"
|
||||
status: "current"
|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
text_hash: "e565dcc0e401bee194e4d49e00270d8791fe9ebe00e947310a732792b8cea37d"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1090b - Commanding officer and supervisor referrals of members for mental health evaluations
|
||||
|
||||
## Text
|
||||
|
||||
(a) Regulations.— The Secretary of Defense shall prescribe and maintain regulations relating to commanding officer and supervisor referrals of members of the armed forces for mental health evaluations. The regulations shall incorporate the requirements set forth in subsections (b), (c), and (d) and such other matters as the Secretary considers appropriate.
|
||||
|
||||
(b) Reduction of Perceived Stigma.— The regulations required by subsection (a) shall, to the greatest extent possible—
|
||||
|
||||
(1) seek to eliminate perceived stigma associated with seeking and receiving mental health services, promoting the use of mental health services on a basis comparable to the use of other medical and health services; and
|
||||
|
||||
(2) clarify the appropriate action to be taken by commanders or supervisory personnel who, in good faith, believe that a subordinate may require a mental health evaluation.
|
||||
|
||||
(c) Procedures for Inpatient Evaluations.— The regulations required by subsection (a) shall provide that, when a commander or supervisor determines that it is necessary to refer a member of the armed forces for a mental health evaluation or is required to make such a referral pursuant to the process described in subsection (e)(1)(A)—
|
||||
|
||||
(1) the health evaluation shall only be conducted in the most appropriate clinical setting, in accordance with the least restrictive alternative principle; and
|
||||
|
||||
(2) only a psychiatrist, or, in cases in which a psychiatrist is not available, another mental health professional or a physician, may admit the member pursuant to the referral for a mental health evaluation to be conducted on an inpatient basis.
|
||||
|
||||
(d) Prohibition on Use of Referrals for Mental Health Evaluations to Retaliate Against Whistleblowers.— The regulations required by subsection (a) shall provide that no person may refer a member of the armed forces for a mental health evaluation as a reprisal for making or preparing a lawful communication of the type described in section 1034(c)(2) of this title, and applicable regulations. For purposes of this subsection, such communication shall also include a communication to any appropriate authority in the chain of command of the member.
|
||||
|
||||
(e) Self-initiated Referral Process.— (1) The regulations required by subsection (a) shall, with respect to a member of the armed forces described in paragraph (3)—
|
||||
|
||||
(A) provide for a self-initiated process that enables the member to trigger a referral for a mental health evaluation by requesting such a referral from a commanding officer or supervisor who is in a grade above E-5;
|
||||
|
||||
(B) ensure the function of the process described in subparagraph (A) by—
|
||||
|
||||
(i) requiring the commanding officer or supervisor of the member to refer the member to a mental health provider for a mental health evaluation as soon as practicable following the request of the member (including by providing to the mental health provider the name and contact information of the member and providing to the member the date, time, and place of the scheduled mental health evaluation); and
|
||||
|
||||
(ii) ensuring the member may request a referral pursuant to subparagraph (A) on any basis (including on the basis of a concern relating to fitness for duty, occupational requirements, safety issues, significant changes in performance, or behavioral changes that may be attributable to possible changes in mental status); and
|
||||
|
||||
(C) ensure that the process described in subparagraph (A)—
|
||||
|
||||
(i) reduces stigma in accordance with subsection (b), including by treating referrals for mental health evaluations made pursuant to such process in a manner similar to referrals for other medical services, to the maximum extent practicable; and
|
||||
|
||||
(ii) protects the confidentiality of the member to the maximum extent practicable, in accordance with requirements for the confidentiality of health information under the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191) and applicable privacy laws.
|
||||
|
||||
(2) In making a referral for an evaluation of a member of the armed forces triggered by a request made pursuant to the process described in paragraph (1)(A), if the member has made such a request on the basis of a concern that the member is a potential or imminent danger to self or others, the commanding officer or supervisor of the member shall observe the following principles:
|
||||
|
||||
(A) With respect to safety, if the commander or supervisor determines the member is exhibiting dangerous behavior, the first priority of the commander or supervisor shall be to ensure that precautions are taken to protect the safety of the member, and others, prior to the arrival of the member at the location of the evaluation.
|
||||
|
||||
(B) With respect to communication, prior to such arrival, the commander or supervisor shall communicate to the provider to which the member is being referred (in a manner and to an extent consistent with paragraph (1)(C)(ii)), information on the circumstances and observations that led to—
|
||||
|
||||
(i) the member requesting the referral; and
|
||||
|
||||
(ii) the commander or supervisor making such referral based on the request.
|
||||
|
||||
(3) A member of the armed forces described in this paragraph is—
|
||||
|
||||
(A) a member on active duty for a period of longer than 30 days; or
|
||||
|
||||
(B) a member of the Selected Reserve in a duty status.
|
||||
|
||||
(f) Annual Training Requirement.— On an annual basis, each Secretary concerned shall provide to the members of the Armed Forces under the jurisdiction of such Secretary a training on how to recognize personnel who may require mental health evaluations on the basis of the individual being an imminent danger to self or others, as demonstrated by the behavior or apparent mental state of the individual.
|
||||
|
||||
(g) Definitions.— In this section:
|
||||
|
||||
(1) The term “mental health professional” means a psychiatrist or clinical psychologist, a person with a doctorate in clinical social work, or a psychiatric clinical nurse specialist.
|
||||
|
||||
(2) The term “mental health evaluation” means a psychiatric examination or evaluation, a psychological examination or evaluation, an examination for psychiatric or psychological fitness for duty, or any other means of assessing the state of mental health of a member of the armed forces.
|
||||
|
||||
(3) The term “least restrictive alternative principle” means a principle under which a member of the armed forces committed for hospitalization and treatment shall be placed in the most appropriate and therapeutic available setting—
|
||||
|
||||
(A) that is no more restrictive than is conducive to the most effective form of treatment; and
|
||||
|
||||
(B) in which treatment is available and the risks of physical injury or property damage posed by such placement are warranted by the proposed plan of treatment.
|
||||
|
||||
(Added Pub. L. 112–81, div. A, title VII, § 711(a)(1), Dec. 31, 2011, 125 Stat. 1475, § 1090a; renumbered § 1090b and amended Pub. L. 117–81, div. A, title VII, §§ 701(c)(1)(A), 704, Dec. 27, 2021, 135 Stat. 1778, 1780; Pub. L. 118–31, div. A, title VII, § 705, title XVIII, § 1801(a)(14), Dec. 22, 2023, 137 Stat. 300, 684.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Health Insurance Portability and Accountability Act of 1996, referred to in subsec. (e)(1)(C)(ii), is Pub. L. 104–191, Aug. 21, 1996, 110 Stat. 1936. For complete classification of this Act to the Code, see Short Title of 1996 Amendments note set out under section 201 of Title 42, The Public Health and Welfare, and Tables.
|
||||
|
||||
Amendments2023—Subsec. (e)(1). Pub. L. 118–31, § 705(1), inserted “described in paragraph (3)” after “member of the armed forces” in introductory provisions. Subsec. (e)(1)(B)(ii). Pub. L. 118–31, § 1801(a)(14), substituted “ensuring” for “ensure”. Subsec. (e)(3). Pub. L. 118–31, § 705(2), added par. (3). 2021—Pub. L. 117–81, § 701(c)(1)(A), renumbered section 1090a of this title as this section. Subsec. (c). Pub. L. 117–81, § 704(1), inserted “or is required to make such a referral pursuant to the process described in subsection (e)(1)(A)” after “mental health evaluation” in introductory provisions. Subsecs. (e) to (g). Pub. L. 117–81, § 704(2), (3), added subsecs. (e) and (f) and redesignated former subsec. (e) as (g).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentTransfer of section by section 701(c)(1)(A) of Pub. L. 117–81 effective Oct. 1, 2022, see section 701(d) of Pub. L. 117–81, set out as a note under section 1079 of this title.
|
||||
|
||||
Confidentiality Requirements for Mental Health Care Services for Members of the Armed ForcesPub. L. 117–263, div. A, title VII, § 704, Dec. 23, 2022, 136 Stat. 2648, provided that: “(a) In General.—In order to reinforce the policies of eliminating stigma in obtaining mental health care services and further encouraging help-seeking behavior by members of the Armed Forces, not later than July 1, 2023, the Secretary of Defense shall—“(1) update and reissue Department of Defense Instruction 6490.08, titled ‘Command Notification Requirements to Dispel Stigma in Providing Mental Health Care to Service Members’ and issued on August 17, 2011, taking into account—“(A) experience implementing the Instruction; and “(B) opportunities to more effectively dispel stigma in obtaining mental health care services and encourage help-seeking behavior; and “(2) develop standards within the Department of Defense that—“(A) ensure, except in a case in which there is an exigent circumstance, the confidentiality of mental health care services provided to members who voluntarily seek such services; “(B) include a model for making determinations with respect to exigent circumstances that clarifies the responsibilities regarding the determination of the effect on military function and the prevention of self-harm by the individual; and “(C) in a case in which there is an exigent circumstance, prevent health care providers from disclosing more than the minimum amount of information necessary to address the exigent circumstance. “(b) Elements.—The standards required by subsection (a)(2) shall include the following elements:“(1) Requirements for confidentiality regarding the request and receipt by a member of the Armed Forces of mental health care services under the self-initiated referral process under section 1090a(e) [sic; probably should be “section 1090b(e)”] of title 10, United States Code. “(2) Requirements for confidentiality regarding the results of any drug testing incident to such mental health care services. “(3) Procedures that reflect best practices of the mental health profession with respect to suicide prevention. “(4) A prohibition against retaliating against a member of the Armed Forces who requests mental health care services. “(5) Such other elements as the Secretary determines will most effectively support the policies of—“(A) eliminating stigma in obtaining mental health care services; and “(B) encouraging help-seeking behavior by members of the Armed Forces. “(c) Joint Policy With the Secretary of Veterans Affairs.—“(1) In general.—Not later than July 1, 2023, the Secretary of Defense and the Secretary of Veterans Affairs shall issue a joint policy that provides, except in a case in which there is an exigent circumstance, for the confidentiality of mental health care services provided by the Secretary of Veterans Affairs to members of the Armed Forces, including the reserve components, under section 1712A, 1720F, 1720H, or 1789 of title 38, United States Code, or other applicable law. “(2) Elements.—The joint policy issued under paragraph (1) shall, to the extent practicable, include standards comparable to the standards developed under subsection (a)(2). “(d) Report.—Not later than July 1, 2023, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a copy of the standards developed under subsection (a)(2) and the joint policy issued under subsection (c). “(e) Exigent Circumstance Defined.—In this section, the term ‘exigent circumstance’ means a circumstance in which the Secretary of Defense determines the need to prevent serious harm to an individual or essential military function clearly outweighs the need for confidentiality of information obtained by a health care provider incident to mental health care services voluntarily sought by a member of the Armed Forces.”
|
||||
@@ -0,0 +1,85 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1091"
|
||||
description: "Personal services contracts"
|
||||
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|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "55"
|
||||
chapter_name: "MEDICAL AND DENTAL CARE"
|
||||
section: "1091"
|
||||
citation: "10 U.S.C. § 1091"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1091 - Personal services contracts
|
||||
|
||||
## Text
|
||||
|
||||
(a) Authority.— (1) The Secretary of Defense, with respect to medical treatment facilities of the Department of Defense, and the Secretary of Homeland Security, with respect to medical treatment facilities of the Coast Guard when the Coast Guard is not operating as a service in the Navy, may enter into personal services contracts to carry out health care responsibilities in such facilities, as determined to be necessary by the Secretary. The authority provided in this subsection is in addition to any other contract authorities of the Secretary, including authorities relating to the management of such facilities and the administration of this chapter.
|
||||
|
||||
(2) The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, may also enter into personal services contracts to carry out other health care responsibilities of the Secretary (such as the provision of medical screening examinations at Military Entrance Processing Stations) at locations outside medical treatment facilities, as determined necessary pursuant to regulations prescribed by the Secretary.
|
||||
|
||||
(b) Limitation on Amount of Compensation.— In no case may the total amount of compensation paid to an individual in any year under a personal services contract entered into under subsection (a) exceed the amount of annual compensation (excluding the allowances for expenses) specified in section 102 of title 3.
|
||||
|
||||
(c) Procedures.— (1) The Secretary shall establish by regulation procedures for entering into personal services contracts with individuals under subsection (a). At a minimum, such procedures shall assure—
|
||||
|
||||
(A) the provision of adequate notice of contract opportunities to individuals residing in the area of the medical treatment facility involved; and
|
||||
|
||||
(B) consideration of interested individuals solely on the basis of the qualifications established for the contract and the proposed contract price.
|
||||
|
||||
(2) Upon the establishment of the procedures under paragraph (1), the Secretary may exempt contracts covered by this section from the competitive contracting requirements specified in section 2304 11 See References in Text note below. of this title or any other similar requirements of law.
|
||||
|
||||
(3) The procedures established under paragraph (1) may provide for a contracting officer to authorize a contractor to enter into a subcontract for personal services on behalf of the agency upon a determination that the subcontract is—
|
||||
|
||||
(A) consistent with the requirements of this section and the procedures established under paragraph (1); and
|
||||
|
||||
(B) in the best interests of the agency.
|
||||
|
||||
(d) Exceptions.— The procedures and exemptions provided under subsection (c) shall not apply to personal services contracts entered into under subsection (a) with entities other than individuals or to any contract that is not an authorized personal services contract under subsection (a).
|
||||
|
||||
(Added Pub. L. 98–94, title IX, § 932(a)(1), Sept. 24, 1983, 97 Stat. 649; amended Pub. L. 101–510, div. A, title VII, § 714, Nov. 5, 1990, 104 Stat. 1584; Pub. L. 103–160, div. A, title VII, § 712(a)(1), Nov. 30, 1993, 107 Stat. 1688; Pub. L. 104–106, div. A, title VII, § 733(a), Feb. 10, 1996, 110 Stat. 381; Pub. L. 105–85, div. A, title VII, § 736(a), Nov. 18, 1997, 111 Stat. 1814; Pub. L. 105–261, div. A, title VII, § 733(a), Oct. 17, 1998, 112 Stat. 2072; Pub. L. 106–398, § 1 [[div. A], title VII, § 705], Oct. 30, 2000, 114 Stat. 1654, 1654A–175; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107–314, div. A, title VII, § 707, Dec. 2, 2002, 116 Stat. 2585; Pub. L. 108–136, div. A, title VII, § 721, Nov. 24, 2003, 117 Stat. 1531; Pub. L. 112–239, div. A, title VII, § 713(b), Jan. 2, 2013, 126 Stat. 1803; Pub. L. 116–283, div. A, title XVIII, § 1883(b)(2), Jan. 1, 2021, 134 Stat. 4294.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 2304 of this title, referred to in subsec. (c)(2), was repealed by Pub. L. 116–283, div. A, title XVIII, §§ 1801(d), 1881(a), Jan. 1, 2021, 134 Stat. 4151, 4293, effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law. Subsecs. (a) to (l) of section 2304 were transferred to various provisions in chapter 221 of this title, with the same effective date and conditions, by Pub. L. 116–283, div. A, title XVIII, § 1811(c)(2)–(5), (d)(2)–(9), Jan. 1, 2021, 134 Stat. 4165–4170.
|
||||
|
||||
Amendments2021—Subsec. (c)(2). Pub. L. 116–283, which directed that each reference in the text of title 10 to a section that was redesignated by title XVIII of Pub. L. 116–283, as such section was in effect before the redesignation, be amended by striking such reference and inserting a reference to the appropriate redesignated section, was not executed with respect to “section 2304”, which was redesignated as multiple sections. 2013—Subsec. (c)(3). Pub. L. 112–239 added par. (3). 2003—Subsec. (a)(2). Pub. L. 108–136 struck out at end “The Secretary may not enter into a contract under this paragraph after December 31, 2003.” 2002—Subsec. (a). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation” in two places. Subsec. (a)(2). Pub. L. 107–314 substituted “December 31, 2003” for “December 31, 2002”. 2000—Subsec. (a)(2). Pub. L. 106–398 substituted “December 31, 2002” for “December 31, 2000”. 1998—Subsec. (a)(2). Pub. L. 105–261 substituted “December 31, 2000” for “the end of the one-year period beginning on the date of the enactment of this paragraph”. 1997—Subsec. (a). Pub. L. 105–85 designated existing provisions as par. (1) and added par. (2). 1996—Subsec. (a). Pub. L. 104–106 inserted “, with respect to medical treatment facilities of the Department of Defense, and the Secretary of Transportation, with respect to medical treatment facilities of the Coast Guard when the Coast Guard is not operating as a service in the Navy,” after “Secretary of Defense” and substituted “such facilities” for “medical treatment facilities of the Department of Defense”. 1993—Pub. L. 103–160 substituted “Personal services contracts” for “Contracts for direct health care providers” in section catchline and amended text generally. Prior to amendment, text read as follows: “(a) The Secretary concerned may contract with persons for services (including personal services) for the provision of direct health care services determined by the Secretary concerned to be required for the purposes of this chapter. “(b) A person with whom the Secretary contracts under this section for the provision of direct health care services under this chapter may be compensated at a rate prescribed by the Secretary concerned, but at a rate not greater than the rate of basic pay, special and incentive pays and bonuses, and allowances authorized by chapters 3, 5, and 7 of title 37 for a commissioned officer with comparable professional qualifications in pay grade O–6 with 26 or more years of service computed under section 205 of such title.” 1990—Subsec. (b). Pub. L. 101–510 substituted “basic pay, special and incentive pays and bonuses, and allowances authorized by chapters 3, 5, and 7 of title 37 for a commissioned officer with comparable professional qualifications” for “basic pay and allowances authorized by chapters 3 and 7 of title 37 for a commissioned officer”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by section 1883(b)(2) of Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
|
||||
|
||||
Effective Date of 2002 AmendmentAmendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.
|
||||
|
||||
Effective Date of 1996 AmendmentPub. L. 104–106, div. A, title VII, § 733(c), Feb. 10, 1996, 110 Stat. 381, provided that: “The amendments made by subsection (a) [amending this section] shall take effect as of October 1, 1995.”
|
||||
|
||||
Effective DatePub. L. 98–94, title IX, § 932(f), Sept. 24, 1983, 97 Stat. 650, provided that: “The amendments made by this section [enacting this section, amending section 201 of Title 37, Pay and Allowances of the Uniformed Services, and repealing sections 4022 and 9022 of this title and section 421 of Title 37] shall take effect on October 1, 1983. Any contract of employment entered into under the authority of section 4022 or 9022 of title 10, United States Code, before the effective date of this section and which is in effect on such date shall remain in effect in accordance with the terms of such contract.”
|
||||
|
||||
Acquisition Strategy for Health Care Professional Staffing ServicesPub. L. 114–328, div. A, title VII, § 727(a)–(c), Dec. 23, 2016, 130 Stat. 2232, 2233, provided that: “(a) Acquisition Strategy.—“(1) In general.—The Secretary of Defense shall develop and carry out a performance-based, strategic sourcing acquisition strategy with respect to entering into contracts for the services of health care professional staff at military medical treatment facilities located in a State. “(2) Elements.—The acquisition strategy under paragraph (1) shall include the following:“(A) Except as provided by subparagraph (B), a requirement that all the military medical treatment facilities that provide direct care use contracts described under paragraph (1). “(B) A process for a military medical treatment facility to obtain a waiver of the requirement under subparagraph (A) in order to use an acquisition strategy not described in paragraph (1). “(C) Identification of the responsibilities of the military departments and the elements of the Department of Defense in carrying out such strategy. “(D) Projection of the demand by covered beneficiaries for health care services, including with respect to primary care and expanded-hours urgent care services. “(E) Estimation of the workload gaps at military medical treatment facilities for health care services, including with respect to primary care and expanded-hours urgent care services. “(F) Methods to analyze, using reliable and detailed data covering the entire direct care component of the military health system, the amount of funds expended on contracts for the services of health care professional staff. “(G) Methods to identify opportunities to consolidate requirements for such services and reduce cost. “(H) Methods to measure cost savings that are realized by using such contracts instead of purchased care. “(I) Metrics to determine the effectiveness of such strategy. “(J) Metrics to evaluate the success of the strategy in achieving its objectives, including metrics to assess the effects of the strategy on the timeliness of beneficiary access to professional health care services in military medical treatment facilities. “(K) Such other matters as the Secretary considers appropriate. “(b) Report.—Not later than July 1, 2017, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the status of implementing the acquisition strategy under paragraph (1) of subsection (a), including how each element under subparagraphs (A) through (K) of paragraph (2) of such subsection is being carried out. “(c) Definitions.—In this section:“(1) The term ‘covered beneficiary’ has the meaning given that term in section 1072 of title 10, United States Code. “(2) The term ‘State’ means the several States and the District of Columbia.”
|
||||
|
||||
Acquisition Strategy for Health Care Professional Staffing ServicesPub. L. 113–291, div. A, title VII, § 725, Dec. 19, 2014, 128 Stat. 3418, required the Secretary of Defense to develop and carry out an acquisition strategy with respect to entering into contracts for the services of health care professional staff at military medical treatment facilities, prior to repeal by Pub. L. 114–328, div. A, title VII, § 727(d), Dec. 23, 2016, 130 Stat. 2233.
|
||||
|
||||
Test of Alternative Process for Conducting Medical Screenings for Enlistment QualificationPub. L. 105–261, div. A, title VII, § 733(b), Oct. 17, 1998, 112 Stat. 2072, as amended by Pub. L. 106–65, div. A, title X, § 1067(3), Oct. 5, 1999, 113 Stat. 774, directed the Secretary of Defense to conduct a test to determine whether an alternative to the system used by the Department of Defense of employing fee-basis physicians for determining the medical qualifications for enlistment of applicants for military service would reduce the number of disqualifying medical conditions detected during the initial entry training of such applicants, and whether an alternative system would meet or exceed the cost, responsiveness, and timeliness standards of the system in use or achieve any savings or cost avoidance, and to submit to committees of Congress a report on the results and findings of the test not later than Mar. 1, 2000.
|
||||
|
||||
Ratification of Existing ContractsPub. L. 104–106, div. A, title VII, § 733(b), Feb. 10, 1996, 110 Stat. 381, provided that: “Any exercise of authority under section 1091 of title 10, United States Code, to enter into a personal services contract on behalf of the Coast Guard before the effective date of the amendments made by subsection (a) [Oct. 1, 1995] is hereby ratified.”
|
||||
|
||||
Personal Service Contracts To Provide CarePub. L. 103–337, div. A, title VII, § 704(c), Oct. 5, 1994, 108 Stat. 2799, as amended by Pub. L. 108–375, div. A, title VII, § 717(a), Oct. 28, 2004, 118 Stat. 1986, provided that: “(1) The Secretary of Defense may enter into personal service contracts under the authority of section 1091 of title 10, United States Code, with persons described in paragraph (2) to provide the services of clinical counselors, family advocacy program staff, and victim’s services representatives to members of the Armed Forces and covered beneficiaries who require such services. Notwithstanding subsection (a) of such section, such services may be provided in medical treatment facilities of the Department of Defense or elsewhere as determined appropriate by the Secretary. “(2) The persons with whom the Secretary may enter into a personal services contract under this subsection shall include clinical social workers, psychologists, marriage and family therapists certified as such by a certification recognized by the Secretary of Defense, psychiatrists, and other comparable professionals who have advanced degrees in counseling or related academic disciplines and who meet all requirements for State licensure and board certification requirements, if any, within their fields of specialization.”
|
||||
|
||||
Report on Compensation by Medical SpecialtyPub. L. 103–160, div. A, title VII, § 712(b), Nov. 30, 1993, 107 Stat. 1689, directed the Secretary of Defense to submit to Congress a report, not later than 30 days after the end of the 180-day period beginning on the date on which the Secretary had first used the authority provided under this section, as amended by Pub. L. 103–160, specifying the compensation provided to medical specialists who had agreed to enter into personal services contracts under such section during that period, the extent to which amounts of compensation exceeded amounts previously provided, the total number and medical specialties of specialists serving during that period pursuant to such contracts, and the number of specialists who had received compensation in an amount in excess of the maximum which had been authorized under this section, as in effect on Nov. 29, 1993.
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1091a"
|
||||
description: "Identification in patient medical records of affiliation of certain non-Department of Defense health care providers"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1091a - Identification in patient medical records of affiliation of certain non-Department of Defense health care providers
|
||||
|
||||
## Text
|
||||
|
||||
(a) Requirement.— The Secretary of Defense shall ensure that medical records of the Department of Defense include the organizational affiliation of any independent health care contractor identified in such medical records.
|
||||
|
||||
(b) Independent Health Care Contractor Defined.— In this section, the term “independent health care contractor” means a health care provider who meets the following criteria:
|
||||
|
||||
(1) The health care provider is a nonpersonal services contractor, or an employee of such a contractor, pursuant to subpart 37.4 of the Federal Acquisition Regulation, or other applicable regulation.
|
||||
|
||||
(2) The health care provider provides health care services under this chapter in any military medical treatment facility (as defined in section 1073c(j) of this title) or other location under the jurisdiction of the Secretary of Defense, including an operational clinic.
|
||||
|
||||
(Added Pub. L. 118–159, div. A, title VII, § 711, Dec. 23, 2024, 138 Stat. 1947; amended Pub. L. 119–60, div. A, title VII, § 711(b), Dec. 18, 2025, 139 Stat. 919.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2025—Subsec. (b)(2). Pub. L. 119–60 substituted “section 1073c(j)” for “section 1073c(i)”.
|
||||
File diff suppressed because one or more lines are too long
@@ -0,0 +1,51 @@
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||||
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|
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|
||||
title: "10 U.S.C. § 1092a"
|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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---
|
||||
|
||||
# 10 U.S.C. § 1092a - Persons entering the armed forces: baseline health data
|
||||
|
||||
## Text
|
||||
|
||||
(a) Program Required.— The Secretary of Defense shall carry out a program—
|
||||
|
||||
(1) to collect baseline health data from each person entering the armed forces, at the time of entry into the armed forces; and
|
||||
|
||||
(2) to provide for computerized compilation and maintenance of the baseline health data.
|
||||
|
||||
(b) Purposes.— The program under this section shall be designed to achieve the following purposes:
|
||||
|
||||
(1) To facilitate understanding of how subsequent exposures related to service in the armed forces affect health.
|
||||
|
||||
(2) To facilitate development of early intervention and prevention programs to protect health and readiness.
|
||||
|
||||
(Added Pub. L. 108–375, div. A, title VII, § 733(a)(1), Oct. 28, 2004, 118 Stat. 1997.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Time for ImplementationPub. L. 108–375, div. A, title VII, § 733(a)(3), Oct. 28, 2004, 118 Stat. 1998, provided that: “The Secretary of Defense shall implement the program required under section 1092a of title 10, United States Code (as added by paragraph (1)), not later than two years after the date of the enactment of this Act [Oct. 28, 2004].”
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
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|
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title: "10 U.S.C. § 1093"
|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
citation: "10 U.S.C. § 1093"
|
||||
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|
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1093 - Performance of abortions: restrictions
|
||||
|
||||
## Text
|
||||
|
||||
(a) Restriction on Use of Funds.— Funds available to the Department of Defense may not be used to perform abortions except where the life of the mother would be endangered if the fetus were carried to term or in a case in which the pregnancy is the result of an act of rape or incest.
|
||||
|
||||
(b) Restriction on Use of Facilities.— No medical treatment facility or other facility of the Department of Defense may be used to perform an abortion except where the life of the mother would be endangered if the fetus were carried to term or in a case in which the pregnancy is the result of an act of rape or incest.
|
||||
|
||||
(Added Pub. L. 98–525, title XIV, § 1401(e)(5)(A), Oct. 19, 1984, 98 Stat. 2617; amended Pub. L. 104–106, div. A, title VII, § 738(a), (b)(1), Feb. 10, 1996, 110 Stat. 383; Pub. L. 112–239, div. A, title VII, § 704, Jan. 2, 2013, 126 Stat. 1800.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsProvisions similar to those in subsec. (a) of this section were contained in the following appropriation acts: Pub. L. 98–473, title I, § 101(h) [title VIII, § 8044], Oct. 12, 1984, 98 Stat. 1904, 1931. Pub. L. 98–212, title VII, § 751, Dec. 8, 1983, 97 Stat. 1447. Pub. L. 97–377, title I, § 101(c) [title VII, § 755], Dec. 21, 1982, 96 Stat. 1833, 1860. Pub. L. 97–114, title VII, § 757, Dec. 29, 1981, 95 Stat. 1588. Pub. L. 96–527, title VII, § 760, Dec. 15, 1980, 94 Stat. 3091. Pub. L. 96–154, title VII, § 762, Dec. 21, 1979, 93 Stat. 1162. Pub. L. 95–457, title VIII, § 863, Oct. 13, 1978, 92 Stat. 1254.
|
||||
|
||||
Amendments2013—Subsec. (a). Pub. L. 112–239 inserted “or in a case in which the pregnancy is the result of an act of rape or incest” before period at end. 1996—Pub. L. 104–106, § 738(b)(1), amended section catchline generally, substituting “Performance of abortions: restrictions” for “Restrictions on use of funds for abortions”. Pub. L. 104–106, § 738(a), designated existing provisions as subsec. (a), inserted subsec. heading, and added subsec. (b).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective Oct. 1, 1985, see section 1404 of Pub. L. 98–525, set out as a note under section 520b of this title.
|
||||
|
||||
Executive Documents
|
||||
|
||||
Privately Funded Abortions at Military Hospitals Memorandum of the President of the United States, Jan. 22, 1993, 58 F.R. 6439, provided: Memorandum for the Secretary of Defense Section 1093 of title 10 of the United States Code prohibits the use of Department of Defense (“DOD”) funds to perform abortions except where the life of a woman would be endangered if the fetus were carried to term. By memoranda of December 21, 1987, and June 21, 1988, DOD has gone beyond what I am informed are the requirements of the statute and has banned all abortions at U.S. military facilities, even where the procedure is privately funded. This ban is unwarranted. Accordingly, I hereby direct that you reverse the ban immediately and permit abortion services to be provided, if paid for entirely with non-DOD funds and in accordance with other relevant DOD policies and procedures. You are hereby authorized and directed to publish this memorandum in the Federal Register. William J. Clinton.
|
||||
@@ -0,0 +1,107 @@
|
||||
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|
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||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1094 - Licensure requirement for health-care professionals
|
||||
|
||||
## Text
|
||||
|
||||
(a) (1) A person under the jurisdiction of the Secretary of a military department may not provide health care independently as a health-care professional under this chapter unless the person has a current license to provide such care. In the case of a physician, the physician may not provide health care as a physician under this chapter unless the current license is an unrestricted license that is not subject to limitation on the scope of practice ordinarily granted to other physicians for a similar specialty by the jurisdiction that granted the license.
|
||||
|
||||
(2) The Secretary of Defense may waive paragraph (1) with respect to any person in unusual circumstances. The Secretary shall prescribe by regulation the circumstances under which such a waiver may be granted.
|
||||
|
||||
(b) The commanding officer of each health care facility of the Department of Defense shall ensure that each person who provides health care independently as a health-care professional at the facility meets the requirement of subsection (a).
|
||||
|
||||
(c) (1) A person (other than a person subject to chapter 47 of this title) who provides health care in violation of subsection (a) is subject to a civil money penalty of not more than $5,000.
|
||||
|
||||
(2) The provisions of subsections (c) and (e) through (h) of section 1128A of the Social Security Act (42 U.S.C. 1320a–7a) shall apply to the imposition of a civil money penalty under paragraph (1) in the same manner as they apply to the imposition of a civil money penalty under that section, except that for purposes of this subsection—
|
||||
|
||||
(A) a reference to the Secretary in that section is deemed a reference to the Secretary of Defense; and
|
||||
|
||||
(B) a reference to a claimant in subsection (e) of that section is deemed a reference to the person described in paragraph (1).
|
||||
|
||||
(d) (1) Notwithstanding any law regarding the licensure of health care providers, a health-care professional described in paragraph (2), (3), or (4) may practice the health profession or professions of the health-care professional at any location in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United States, regardless of where such health-care professional or the patient are located, so long as the practice is within the scope of the authorized Federal duties.
|
||||
|
||||
(2) A health-care professional referred to in paragraph (1) as being described in this paragraph is a member of the armed forces, civilian employee of the Department of Defense, personal services contractor under section 1091 of this title, contractor not covered under section 1091 of this title who is providing an examination or assessment under section 10206 of this title or medical treatment as part of a mission relating to emergency, humanitarian, or refugee assistance, or other health-care professional credentialed and privileged at a Federal health care institution or location specially designated by the Secretary for this purpose who—
|
||||
|
||||
(A) has a current license to practice medicine, osteopathic medicine, dentistry, or another health profession; and
|
||||
|
||||
(B) is performing authorized duties for the Department of Defense.
|
||||
|
||||
(3) A health-care professional referred to in paragraph (1) as being described in this paragraph is a member of the National Guard who—
|
||||
|
||||
(A) has a current license to practice medicine, osteopathic medicine, dentistry, or another health profession; and
|
||||
|
||||
(B) is performing training or duty under section 502(f) of title 32 in response to an actual or potential disaster.
|
||||
|
||||
(4) To the extent provided in regulations prescribed by the Secretary for the purpose of assuring the availability of high-quality mental health care services to members of the armed forces and dependents entitled to health care under section 1076 of this title, a health care professional referred to in paragraph (1) as being described in this paragraph is a mental health provider providing care through a network under the TRICARE program who—
|
||||
|
||||
(A) has a current license to practice as a mental health care professional;
|
||||
|
||||
(B) is providing tele-mental health care services to members of the armed forces or such dependents; and
|
||||
|
||||
(C) is providing such services under terms and conditions specified by the Secretary (which shall establish the scope of authorized Federal duties for purposes of paragraph (1)).
|
||||
|
||||
(e) In this section:
|
||||
|
||||
(1) The term “license”—
|
||||
|
||||
(A) means a grant of permission by an official agency of a State, the District of Columbia, or a Commonwealth, territory, or possession of the United States to provide health care independently as a health-care professional, or the official agency of the government of a partner country; and
|
||||
|
||||
(B) includes, in the case of such care furnished in a foreign country by any person who is not a national of the United States, a grant of permission by an official agency of that foreign country for that person to provide health care independently as a health-care professional.
|
||||
|
||||
(2) The term “health-care professional” means a physician, dentist, clinical psychologist, marriage and family therapist certified as such by a certification recognized by the Secretary of Defense, or nurse and any other person providing direct patient care as may be designated by the Secretary of Defense in regulations.
|
||||
|
||||
(3) The term “partner country” means any of the following:
|
||||
|
||||
(A) Australia.
|
||||
|
||||
(B) Canada.
|
||||
|
||||
(C) New Zealand.
|
||||
|
||||
(D) The United Kingdom.
|
||||
|
||||
(E) Any other country designated as a partner country by the Secretary of Defense for the purposes of this section.
|
||||
|
||||
(Added Pub. L. 99–145, title VI, § 653(a)(1), Nov. 8, 1985, 99 Stat. 657; amended Pub. L. 99–661, div. A, title XIII, § 1343(a)(5), Nov. 14, 1986, 100 Stat. 3992; Pub. L. 101–189, div. A, title VI, § 653(e)(1), title XVI, § 1622(e)(3), Nov. 29, 1989, 103 Stat. 1463, 1605; Pub. L. 105–85, div. A, title VII, § 737, Nov. 18, 1997, 111 Stat. 1814; Pub. L. 105–261, div. A, title VII, § 734(a), Oct. 17, 1998, 112 Stat. 2072; Pub. L. 108–375, div. A, title VII, § 717(b), Oct. 28, 2004, 118 Stat. 1986; Pub. L. 111–383, div. A, title VII, § 713, Jan. 7, 2011, 124 Stat. 4247; Pub. L. 112–81, div. A, title VII, § 713(a), Dec. 31, 2011, 125 Stat. 1476; Pub. L. 117–263, div. A, title VII, § 718, Dec. 23, 2022, 136 Stat. 2662; Pub. L. 118–159, div. A, title VII, §§ 713, 714(a), Dec. 23, 2024, 138 Stat. 1947; Pub. L. 119–60, div. A, title VII, § 716, Dec. 18, 2025, 139 Stat. 923.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2025—Subsec. (e)(1)(A). Pub. L. 119–60, § 716(1), substituted “, or the official agency of the government of a partner country; and” for “; and”. Subsec. (e)(3). Pub. L. 119–60, § 716(2), added par. (3). 2024—Subsec. (d)(1). Pub. L. 118–159, § 714(a)(1), substituted “paragraph (2), (3), or (4)” for “paragraph (2) or (3)”. Subsec. (d)(2). Pub. L. 118–159, § 713, inserted “an examination or assessment under section 10206 of this title or” after “section 1091 of this title who is providing” in introductory provisions. Subsec. (d)(4). Pub. L. 118–159, § 714(a)(2), added par. (4). 2022—Subsec. (d)(2). Pub. L. 117–263 inserted “contractor not covered under section 1091 of this title who is providing medical treatment as part of a mission relating to emergency, humanitarian, or refugee assistance,” after “section 1091 of this title,” in introductory provisions. 2011—Subsec. (d)(1). Pub. L. 112–81, § 713(a)(1), inserted “at any location” before “in any State” and substituted “regardless of where such health-care professional or the patient are located, so long as the practice is within the scope of the authorized Federal duties.” for “regardless of whether the practice occurs in a health care facility of the Department of Defense, a civilian facility affiliated with the Department of Defense, or any other location authorized by the Secretary of Defense.” Pub. L. 111–383, § 713(1), inserted “or (3)” after “paragraph (2)”. Subsec. (d)(2). Pub. L. 112–81, § 713(a)(2), substituted “member of the armed forces, civilian employee of the Department of Defense, personal services contractor under section 1091 of this title, or other health-care professional credentialed and privileged at a Federal health care institution or location specially designated by the Secretary for this purpose” for “member of the armed forces”. Pub. L. 111–383, § 713(2), inserted “as being described in this paragraph” after “paragraph (1)” in introductory provisions. Subsec. (d)(3). Pub. L. 111–383, § 713(3), added par. (3). 2004—Subsec. (e)(2). Pub. L. 108–375 inserted “marriage and family therapist certified as such by a certification recognized by the Secretary of Defense,” after “psychologist,”. 1998—Subsec. (a)(1). Pub. L. 105–261 inserted at end “In the case of a physician, the physician may not provide health care as a physician under this chapter unless the current license is an unrestricted license that is not subject to limitation on the scope of practice ordinarily granted to other physicians for a similar specialty by the jurisdiction that granted the license.” 1997—Subsecs. (d), (e). Pub. L. 105–85 added subsec. (d) and redesignated former subsec. (d) as (e). 1989—Subsec. (c)(2). Pub. L. 101–189, § 653(e)(1), substituted “subsections (c) and (e) through (h)” for “subsections (b) and (d) through (g)”. Subsec. (d)(1). Pub. L. 101–189, § 1622(e)(3)(A), substituted “The term ‘license” for “ ‘License” in introductory provisions. Subsec. (d)(2). Pub. L. 101–189, § 1622(e)(3)(B), substituted “The term ‘health-care” for “ ‘Health-care”. 1986—Subsec. (d)(2). Pub. L. 99–661 realigned margin of par. (2) to conform to margin of par. (1).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1998 AmendmentPub. L. 105–261, div. A, title VII, § 734(c)(1), Oct. 17, 1998, 112 Stat. 2073, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1999.”
|
||||
|
||||
Effective DatePub. L. 99–145, title VI, § 653(b), Nov. 8, 1985, 99 Stat. 658, provided that: “Section 1094 of title 10, United States Code, as added by subsection (a), does not apply during the three-year period beginning on the date of the enactment of this Act [Nov. 8, 1985] with respect to the provision of health care by any person who on the date of the enactment of this Act is a member of the Armed Forces.”
|
||||
|
||||
RegulationsPub. L. 118–159, div. A, title VII, § 714(b), Dec. 23, 2024, 138 Stat. 1948, provided that: “Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2024], the Secretary of Defense shall issue an interim final regulation to implement the amendments made by subsection (a) [amending this section].” Pub. L. 112–81, div. A, title VII, § 713(b), Dec. 31, 2011, 125 Stat. 1476, provided that: “The Secretary of Defense shall prescribe regulations to carry out the amendments made by this section [amending this section].”
|
||||
|
||||
Review of Disclosure Requirements Under Processes and Forms Relating to Health Care Provider Credentialing and Privileging of Department of DefensePub. L. 119–60, div. A, title VII, § 720, Dec. 18, 2025, 139 Stat. 927, provided that: “(a) Review.—“(1) In general.—Not later than 180 days after the date of the enactment of this Act [Dec. 18, 2025], the Secretary of Defense shall review all processes and forms relating to health care provider credentialing and privileging of covered applicants to ensure that each individual who provides health care independently as a health-care professional at a health care facility of the Department of Defense meets the requirement of section 1094(a) of title 10, United States Code. “(2) Centralized credential system.—In carrying out section 1094(b) of title 10, United States Code, the Secretary shall establish a centralized credential system that allows the commanding officer of a health care facility of the Department to verify the licensure of a health care professional, regardless of the location of the facility or the Armed Force in which the health care professional serves. The Secretary shall ensure that not less than 90 percent of such verifications are completed within seven days of the date on which the commanding officer requests such verification if the request does not relate to a health-care professional with an adverse record. “(b) Report.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report containing the following:“(1) The findings of the review required under subsection (a). “(2) A detailed plan outlining steps the Secretary has taken or will take pursuant to such review, including a timeline for completion of such steps. “(c) Covered Applicant Defined.—In this section, the term ‘covered applicant’ means an applicant for a position as a health-care professional (as defined in section 1094 of title 10, United States Code) who—“(1) is required to go through a credentialing and privileging process; and “(2) provides care—“(A) at a health care facility of the Department of Defense; or “(B) through the civilian network of the TRICARE program (as defined in section 1072 of title 10, United States Code).”
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1094a - Continuing medical education requirements: system for monitoring physician compliance
|
||||
|
||||
## Text
|
||||
|
||||
The Secretary of Defense shall establish a mechanism for ensuring that each person under the jurisdiction of the Secretary of a military department who provides health care under this chapter as a physician satisfies the continuing medical education requirements applicable to the physician.
|
||||
|
||||
(Added Pub. L. 105–261, div. A, title VII, § 734(b)(1), Oct. 17, 1998, 112 Stat. 2073.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
ImplementationPub. L. 105–261, div. A, title VII, § 734(c)(2), Oct. 17, 1998, 112 Stat. 2073, provided that: “The system required by section 1094a of title 10, United States Code (as added by subsection (b)), shall take effect on the date that is three years after the date of the enactment of this Act [Oct. 17, 1998].”
|
||||
|
||||
Oversight of Graduate Medical Education Programs of Military DepartmentsPub. L. 114–328, div. A, title VII, § 749, Dec. 23, 2016, 130 Stat. 2242, provided that: “(a) Process.—Not later than one year after the date of the enactment of this Act [Dec. 23, 2016], the Secretary of Defense shall establish and implement a process to provide oversight of the graduate medical education programs of the military departments to ensure that such programs fully support the operational medical force readiness requirements for health care providers of the Armed Forces and the medical readiness of the Armed Forces. The process shall include the following:“(1) A process to review such programs to ensure, to the extent practicable, that such programs are—“(A) conducted jointly among the military departments; and “(B) focused on, and related to, operational medical force readiness requirements. “(2) A process to minimize duplicative programs relating to such programs among the military departments. “(3) A process to ensure that—“(A) assignments of faculty, support staff, and students within such programs are coordinated among the military departments; and “(B) the Secretary optimizes resources by using military medical treatment facilities as training platforms when and where most appropriate. “(4) A process to review and, if necessary, restructure or realign, such programs to sustain and improve operational medical force readiness. “(b) Report.—Not later than 30 days after the date on which the Secretary establishes the process under subsection (a), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that describes such process. The report shall include a description of each graduate medical education program of the military departments, categorized by the following:“(1) Programs that provide direct support to operational medical force readiness. “(2) Programs that provide indirect support to operational medical force readiness. “(3) Academic programs that provide other medical support. “(c) Comptroller General Review and Report.—“(1) Review.—The Comptroller General of the United States shall conduct a review of the process established under subsection (a), including with respect to each process described in paragraphs (1) through (4) of such subsection. “(2) Report.—Not later than 180 days after the date on which the Secretary submits the report under subsection (b), the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives the review conducted under paragraph (1), including an assessment of the elements of the process established under subsection (a).”
|
||||
|
||||
Joint Pilot Program for Providing Graduate Medical Education and Training for PhysiciansPub. L. 107–314, div. A, title VII, § 725(a)–(d), Dec. 2, 2002, 116 Stat. 2599, provided that: “(a) In General.—The Secretary of Defense and the Secretary of Veterans Affairs shall jointly carry out a pilot program under which graduate medical education and training is provided to military physicians and physician employees of the Department of Defense and the Department of Veterans Affairs through one or more programs carried out in military medical treatment facilities of the Department of Defense and medical centers of the Department of Veterans Affairs. The pilot program shall begin not later than January 1, 2003. “(b) Cost-Sharing Agreement.—The Secretaries shall enter into an agreement for carrying out the pilot program. The agreement shall establish means for each Secretary to assist in paying the costs, with respect to individuals under the jurisdiction of that Secretary, incurred by the other Secretary in providing medical education and training under the pilot program. “(c) Use of Existing Authorities.—To carry out the pilot program, the Secretary of Defense and the Secretary of Veterans Affairs may use authorities provided to them under this subtitle [subtitle C (§§ 721–726) of title VII of div. A of Pub. L. 107–314, amending section 1104 of this title and sections 8110 and 8111 of Title 38, Veterans’ Benefits, enacting provisions set out as notes under section 1074g of this title and sections 8110 and 8111 of Title 38, and repealing provisions set out as a note under this section], section 8111 of title 38, United States Code (as amended by section 721(a)), and other laws relating to the furnishing or support of medical education and the cooperative use of facilities. “(d) Termination of Program.—The pilot program under this section shall terminate on July 31, 2008.”
|
||||
|
||||
Joint DOD–VA Pilot Program for Providing Graduate Medical Education and Training for PhysiciansPub. L. 107–107, div. A, title VII, § 738, Dec. 28, 2001, 115 Stat. 1173, authorized a pilot program providing graduate medical education and training for physicians to be carried out jointly by the Secretary of Defense and the Secretary of Veterans Affairs, prior to repeal by Pub. L. 107–314, div. A, title VII, § 725(e), Dec. 2, 2002, 116 Stat. 2599.
|
||||
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|
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|
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1095a - Medical care: members held as captives and their dependents
|
||||
|
||||
## Text
|
||||
|
||||
(a) Under regulations prescribed by the President, the Secretary concerned shall pay (by advancement or reimbursement) any person who is a former captive, and any dependent of that person or of a person who is in a captive status, for health care and other expenses related to such care, to the extent that such care—
|
||||
|
||||
(1) is incident to the captive status; and
|
||||
|
||||
(2) is not covered—
|
||||
|
||||
(A) by any other Government medical or health program; or
|
||||
|
||||
(B) by insurance.
|
||||
|
||||
(b) In the case of any person who is eligible for medical care under section 1074 or 1076 of this title, such regulations shall require that, whenever practicable, such care be provided in a facility of the uniformed services.
|
||||
|
||||
(c) In this section:
|
||||
|
||||
(1) The terms “captive status” and “former captive” have the meanings given those terms in section 559 of title 37.
|
||||
|
||||
(2) The term “dependent” has the meaning given that term in section 551 of that title.
|
||||
|
||||
(Added Pub. L. 99–399, title VIII, § 806(c)(1), Aug. 27, 1986, 100 Stat. 886, § 1095; renumbered § 1095a, Pub. L. 100–26, § 7(e)(2), Apr. 21, 1987, 101 Stat. 281; amended Pub. L. 100–526, title I, § 106(b)(1), Oct. 24, 1988, 102 Stat. 2625.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1988—Subsec. (c). Pub. L. 100–526 substituted “The terms ‘captive status’ ” for “ ‘Captive status’ ” in par. (1), and “The term ‘dependent’ ” for “ ‘Dependent’ ” in par. (2).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date; RegulationsPub. L. 99–399, title VIII, § 806(c)(3), Aug. 27, 1986, 100 Stat. 886, provided that: “(A) Section 1095 [now 1095a] of title 10, United States Code, as added by paragraph (1), shall apply with respect to any person whose captive status begins after January 21, 1981. “(B) The President shall prescribe specific regulations regarding the carrying out of such section with respect to persons whose captive status begins during the period beginning on January 21, 1981, and ending on the effective date of that section [Aug. 27, 1986].”
|
||||
|
||||
Executive Documents
|
||||
|
||||
Delegation of Functions Functions of President under this section delegated to Secretary of Defense, see section 3 of Ex. Ord. No. 12598, June 17, 1987, 52 F.R. 23421, set out as a note under section 5569 of Title 5, Government Organization and Employees.
|
||||
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|
||||
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|
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||||
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|
||||
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|
||||
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---
|
||||
|
||||
# 10 U.S.C. § 1095b - TRICARE program: contractor payment of certain claims
|
||||
|
||||
## Text
|
||||
|
||||
(a) Payment of Claims.— (1) The Secretary of Defense may authorize a contractor under the TRICARE program to pay a claim described in paragraph (2) before seeking to recover from a third-party payer the costs incurred by the contractor to provide health care services that are the basis of the claim to a beneficiary under such program.
|
||||
|
||||
(2) A claim under this paragraph is a claim—
|
||||
|
||||
(A) that is submitted to the contractor by a provider under the TRICARE program for payment for services for health care provided to a covered beneficiary; and
|
||||
|
||||
(B) that is identified by the contractor as a claim for which a third-party payer may be liable.
|
||||
|
||||
(b) Recovery From Third-Party Payers.— The United States shall have the same right to collect charges related to claims described in subsection (a) as charges for claims under section 1095 of this title.
|
||||
|
||||
(c) Definition of Third-Party Payer.— In this section, the term “third-party payer” has the meaning given that term in section 1095(h) of this title, except that such term excludes primary medical insurers.
|
||||
|
||||
(Added Pub. L. 105–261, div. A, title VII, § 711(a)(1), Oct. 17, 1998, 112 Stat. 2058; amended Pub. L. 106–65, div. A, title VII, § 716(c)(2), Oct. 5, 1999, 113 Stat. 692.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1999—Subsec. (b). Pub. L. 106–65 substituted “The United States shall have the same right to collect charges related to claims described in subsection (a) as charges for claims under section 1095 of this title.” for “A contractor for the provision of health care services under the TRICARE program that pays a claim described in subsection (a)(2) shall have the right to collect from the third-party payer the costs incurred by such contractor on behalf of the covered beneficiary. The contractor shall have the same right to collect such costs under this subsection as the right of the United States to collect costs under section 1095 of this title.”
|
||||
@@ -0,0 +1,85 @@
|
||||
---
|
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|
||||
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||||
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|
||||
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|
||||
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|
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---
|
||||
|
||||
# 10 U.S.C. § 1095c - TRICARE program: facilitation of processing of claims
|
||||
|
||||
## Text
|
||||
|
||||
(a) Reduction of Processing Time.— (1) With respect to claims for payment for medical care provided under the TRICARE program, the Secretary of Defense shall implement a system for processing of claims under which—
|
||||
|
||||
(A) 95 percent of all clean claims must be processed not later than 30 days after the date that such claims are submitted to the claims processor; and
|
||||
|
||||
(B) 100 percent of all clean claims must be processed not later than 100 days after the date that such claims are submitted to the claims processor.
|
||||
|
||||
(2) The Secretary may, under the system required by paragraph (1) and consistent with the provisions in chapter 39 of title 31 (commonly referred to as the “Prompt Payment Act”), require that interest be paid on clean claims that are not processed within 30 days.
|
||||
|
||||
(3) For purposes of this subsection, the term “clean claim” means a claim that has no defect, impropriety (including a lack of any required substantiating documentation), or particular circumstance requiring special treatment that prevents timely payment on the claim under this section.
|
||||
|
||||
(b) Requirement to Provide Start-Up Time For Certain Contractors.— (1) Except as provided in paragraph (3), the Secretary of Defense shall not require that a contractor described in paragraph (2) begin to provide managed care support pursuant to a contract to provide such support under the TRICARE program until at least nine months after the date of the award of the contract, but in no case later than one year after the date of such award.
|
||||
|
||||
(2) A contractor under this paragraph is a contractor who is awarded a contract to provide managed care support under the TRICARE program—
|
||||
|
||||
(A) who has not previously been awarded such a contract by the Department of Defense; or
|
||||
|
||||
(B) who has previously been awarded such a contract by the Department of Defense but for whom the subcontractors have not previously been awarded the subcontracts for such a contract.
|
||||
|
||||
(3) The Secretary may reduce the nine-month start-up period required under paragraph (1) if—
|
||||
|
||||
(A) the Secretary—
|
||||
|
||||
(i) determines that a shorter period is sufficient to ensure effective implementation of all contract requirements; and
|
||||
|
||||
(ii) submits notification to the Committees on Armed Services of the House of Representatives and the Senate of the Secretary’s intent to reduce the nine-month start-up period; and
|
||||
|
||||
(B) 60 days have elapsed since the date of such notification.
|
||||
|
||||
(c) Incentives for Electronic Processing.— The Secretary of Defense shall require that new contracts for managed care support under the TRICARE program provide that the contractor be permitted to provide financial incentives to health care providers who file claims for payment electronically.
|
||||
|
||||
(d) Correspondence to Medicare Claims Information Requirements.— The Secretary of Defense, in consultation with the other administering Secretaries, shall limit the information required in support of claims for payment for health care items and services provided under the TRICARE program to that information that is identical to the information that would be required for claims for reimbursement for those items and services under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) except for that information, if any, that is uniquely required by the TRICARE program. The Secretary of Defense shall report to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives any information that is excepted under this provision, and the justification for that exception.
|
||||
|
||||
(Added Pub. L. 106–65, div. A, title VII, § 713(a)(1), Oct. 5, 1999, 113 Stat. 688; amended Pub. L. 107–107, div. A, title VII, § 708(b), Dec. 28, 2001, 115 Stat. 1164; Pub. L. 107–314, div. A, title VII, § 711(a), Dec. 2, 2002, 116 Stat. 2588.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Social Security Act, referred to in subsec. (d), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XVIII of the Act is classified generally to subchapter XVIII (§ 1395 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
|
||||
|
||||
Amendments2002—Subsec. (d). Pub. L. 107–314 added subsec. (d). 2001—Subsec. (b)(1). Pub. L. 107–107, § 708(b)(1), substituted “Except as provided in paragraph (3), the Secretary” for “The Secretary” and struck out “contract. In such case the contractor may begin to provide managed care support pursuant to the contract as soon as practicable after the award of the” before “contract, but in no case”. Subsec. (b)(3). Pub. L. 107–107, § 708(b)(2), added par. (3).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatePub. L. 106–65, div. A, title VII, § 713(d), Oct. 5, 1999, 113 Stat. 689, provided that: “Section 1095c(b) of title 10, United States Code (as added by subsection (a)), shall apply with respect to any contract to provide managed care support under the TRICARE program negotiated after the date of the enactment of this Act [Oct. 5, 1999].”
|
||||
|
||||
ApplicabilityPub. L. 107–314, div. A, title VII, § 711(b), Dec. 2, 2002, 116 Stat. 2588, provided that: “The Secretary of Defense, in consultation with the other administering Secretaries referred to in section 1072(3) of title 10, United States Code, shall apply the limitations required under subsection (d) of section 1095c of such title (as added by subsection (a)) with respect to contracts entered into under the TRICARE program on or after October 1, 2002.”
|
||||
|
||||
Standardization of Claims Processing Under TRICARE Program and Medicare ProgramPub. L. 109–364, div. A, title VII, § 731, Oct. 17, 2006, 120 Stat. 2295, as amended by Pub. L. 112–81, div. A, title X, § 1062(d)(2), Dec. 31, 2011, 125 Stat. 1585, provided that: “(a) In General.—Effective beginning with the next contract option period for managed care support contracts under the TRICARE program, the claims processing requirements under the TRICARE program on the matters described in subsection (b) shall be identical to the claims processing requirements under the Medicare program on such matters. “(b) Covered Matters.—The matters described in this subsection are as follows:“(1) The utilization of single or multiple provider identification numbers for purposes of the payment of health care claims by Department of Defense contractors. “(2) The documentation required to substantiate medical necessity for items and services that are covered under both the TRICARE program and the Medicare program. “(c) Report on Collection of Amounts Owed.—Not later than March 1, 2007, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report setting forth a detailed description of the following:“(1) All TRICARE policies and directives concerning collection of amounts owed to the United States pursuant to section 1095 of title 10, United States Code, from third party payers, including—“(A) collection by military treatment facilities from third-party payers; and “(B) collection by contractors providing managed care support under the TRICARE program from other insurers in cases of private insurance liability for health care costs of a TRICARE beneficiary. “(2) An estimate of the outstanding amounts owed from third party payers in each of fiscal years 2002, 2003, and 2004. “(3) The amounts collected from third party payers in each of fiscal years 2002, 2003, and 2004. “(4) A plan of action to streamline the business practices that underlie the policies and directives described in paragraph (1). “(5) A plan of action to accelerate and increase the collections or recoupments of amounts owed from third party payers. “(d) Definitions.—In this section:“(1) The term ‘Medicare program’ means the program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). “(2) The term ‘TRICARE program’ has the meaning given that term in section 1072(7) of title 10, United States Code.”
|
||||
|
||||
Claims Processing ImprovementsPub. L. 106–398, § 1 [[div. A], title VII, § 727], Oct. 30, 2000, 114 Stat. 1654, 1654A–188, provided that: “Beginning on the date of the enactment of this Act [Oct. 30, 2000], the Secretary of Defense shall, to the maximum extent practicable, take all necessary actions to implement the following improvements with respect to processing of claims under the TRICARE program: “(1) Use of the TRICARE encounter data information system rather than the health care service record in maintaining information on covered beneficiaries under chapter 55 of title 10, United States Code. “(2) Elimination of all delays in payment of claims to health care providers that may result from the development of the health care service record or TRICARE encounter data information. “(3) Requiring all health care providers under the TRICARE program that the Secretary determines are high-volume providers to submit claims electronically. “(4) Processing 50 percent of all claims by health care providers and institutions under the TRICARE program by electronic means. “(5) Authorizing managed care support contractors under the TRICARE program to require providers to access information on the status of claims through the use of telephone automated voice response units.”
|
||||
|
||||
Deadline for ImplementationPub. L. 106–65, div. A, title VII, § 713(c), Oct. 5, 1999, 113 Stat. 689, provided that the system for processing claims required under subsec. (a) of this section was to be implemented not later than 6 months after Oct. 5, 1999.
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1095d - TRICARE program: waiver of certain deductibles
|
||||
|
||||
## Text
|
||||
|
||||
(a) Waiver Authorized.— The Secretary of Defense may waive the deductible payable for medical care provided under the TRICARE program to an eligible dependent of—
|
||||
|
||||
(1) a member of a reserve component on active duty pursuant to a call or order to active duty for a period of more than 30 days; or
|
||||
|
||||
(2) a member of the National Guard on full-time National Guard duty pursuant to a call or order to full-time National Guard duty for a period of more than 30 days.
|
||||
|
||||
(b) Eligible Dependent.— As used in this section, the term “eligible dependent” means a dependent described in subparagraph (A), (D), or (I) of section 1072(2) of this title.
|
||||
|
||||
(Added Pub. L. 106–65, div. A, title VII, § 714(a), Oct. 5, 1999, 113 Stat. 689; amended Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(7)], Oct. 30, 2000, 114 Stat. 1654, 1654A–290; Pub. L. 108–375, div. A, title VII, § 704, Oct. 28, 2004, 118 Stat. 1983.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2004—Subsec. (a). Pub. L. 108–375 substituted “more than 30 days” for “less than one year” in pars. (1) and (2). 2000—Subsec. (b). Pub. L. 106–398 substituted “subparagraph” for “subparagraphs”.
|
||||
@@ -0,0 +1,57 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
section: "1095e"
|
||||
citation: "10 U.S.C. § 1095e"
|
||||
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|
||||
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|
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|
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1095e - TRICARE program: beneficiary counseling and assistance coordinators
|
||||
|
||||
## Text
|
||||
|
||||
(a) Establishment of Positions.— The Secretary of Defense shall require in regulations that—
|
||||
|
||||
(1) each lead agent under the TRICARE program—
|
||||
|
||||
(A) designate a person to serve full-time as a beneficiary counseling and assistance coordinator for beneficiaries under the TRICARE program;
|
||||
|
||||
(B) designate for each of the TRICARE program regions at least one person (other than a person designated under subparagraph (A)) to serve full-time as a beneficiary counseling and assistance coordinator solely for members of the reserve components and their dependents who are beneficiaries under the TRICARE program; and
|
||||
|
||||
(C) provide for toll-free telephone communication between such beneficiaries and the beneficiary counseling and assistance coordinator; and
|
||||
|
||||
(2) the commander of each military medical treatment facility under this chapter designate a person to serve, as a primary or collateral duty, as beneficiary counseling and assistance coordinator for beneficiaries under the TRICARE program served at that facility.
|
||||
|
||||
(b) Duties.— The Secretary shall prescribe the duties of the position of beneficiary counseling and assistance coordinator in the regulations required by subsection (a).
|
||||
|
||||
(Added Pub. L. 106–65, div. A, title VII, § 715(a)(1), Oct. 5, 1999, 113 Stat. 690; amended Pub. L. 108–136, div. A, title VII, § 707, Nov. 24, 2003, 117 Stat. 1529.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2003—Subsec. (a)(1). Pub. L. 108–136 added subpar. (B) and redesignated former subpar. (B) as (C).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Deadline for Initial DesignationsPub. L. 106–65, div. A, title VII, § 715(b), Oct. 5, 1999, 113 Stat. 690, directed that each beneficiary counseling and assistance coordinator required under the regulations described in subsec. (a) of this section be designated not later than Jan. 15, 2000.
|
||||
@@ -0,0 +1,77 @@
|
||||
---
|
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|
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|
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|
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|
||||
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|
||||
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---
|
||||
|
||||
# 10 U.S.C. § 1095f - TRICARE program: referrals and preauthorizations under TRICARE Prime
|
||||
|
||||
## Text
|
||||
|
||||
(a) Referrals.— (1) Except as provided by paragraph (2), a beneficiary enrolled in TRICARE Prime shall be required to obtain a referral for care through a designated primary care manager (or other care coordinator) prior to obtaining care under the TRICARE program.
|
||||
|
||||
(2) (A) The Secretary may waive the referral requirement in paragraph (1) in such circumstances as the Secretary may establish for purposes of this subsection.
|
||||
|
||||
(B) The Secretary shall waive the referral requirement in paragraph (1) in the case of a member of the armed forces serving on active duty who seeks to obtain any of the following kinds of care in a military medical treatment facility:
|
||||
|
||||
(i) Physical therapy.
|
||||
|
||||
(ii) Nutritional.
|
||||
|
||||
(iii) Audiological.
|
||||
|
||||
(iv) Optometric.
|
||||
|
||||
(v) Podiatric.
|
||||
|
||||
(3) The cost-sharing amounts for a beneficiary enrolled in TRICARE Prime who does not obtain a referral for care under paragraph (1) (or a waiver pursuant to paragraph (2) for such care) shall be determined under section 1075a(c) of this title.
|
||||
|
||||
(b) Preauthorization.— A beneficiary enrolled in TRICARE Prime shall be required to obtain preauthorization only with respect to a referral for the following:
|
||||
|
||||
(1) Inpatient hospitalization.
|
||||
|
||||
(2) Inpatient care at a skilled nursing facility.
|
||||
|
||||
(3) Inpatient care at a rehabilitation facility.
|
||||
|
||||
(4) Inpatient care at a residential treatment center.
|
||||
|
||||
(c) Prohibition Regarding Prior Authorization for Certain Referrals.— The Secretary of Defense shall ensure that no contract for managed care support under the TRICARE program includes any requirement that a managed care support contractor require a primary care or specialty care provider to obtain prior authorization before referring a patient to a specialty care provider that is part of the network of health care providers or institutions of the contractor.
|
||||
|
||||
(Added Pub. L. 106–398, § 1 [[div. A], title VII, § 728(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–189; amended Pub. L. 114–328, div. A, title VII, § 701(c), Dec. 23, 2016, 130 Stat. 2186; Pub. L. 115–91, div. A, title VII, § 739(e)(1), Dec. 12, 2017, 131 Stat. 1447; Pub. L. 118–159, div. A, title VII, § 703, Dec. 23, 2024, 138 Stat. 1942.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2024—Subsec. (a)(2). Pub. L. 118–159 designated existing provisions as subpar. (A) and added subpar. (B). 2017—Subsec. (b)(4). Pub. L. 115–91 added par. (4). 2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “The Secretary of Defense shall ensure that no contract for managed care support under the TRICARE program includes any requirement that a managed care support contractor require a primary care or specialty care provider to obtain prior authorization before referring a patient to a specialty care provider that is part of the network of health care providers or institutions of the contractor.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 applicable with respect to the provision of health care under the TRICARE program beginning on Jan. 1, 2018, see section 701(k) of Pub. L. 114–328, set out as a note under section 1072 of this title.
|
||||
|
||||
Effective DatePub. L. 106–398, § 1 [[div. A], title VII, § 728(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–189, provided that: “Section 1095f of title 10, United States Code, as added by subsection (a), shall apply with respect to a TRICARE managed care support contract entered into by the Department of Defense after the date of the enactment of this Act [Oct. 30, 2000].”
|
||||
|
||||
Streamlining of TRICARE Prime Beneficiary Referral ProcessPub. L. 115–232, div. A, title VII, § 714, Aug. 13, 2018, 132 Stat. 1812, as amended by Pub. L. 117–263, div. A, title VII, § 703(a), Dec. 23, 2022, 136 Stat. 2647, provided that: “(a) In General.—The Secretary of Defense shall streamline the process under section 1095f of title 10, United States Code, by which beneficiaries enrolled in TRICARE Prime are referred to the civilian provider network for inpatient or outpatient care under the TRICARE program. “(b) Objectives.—In carrying out the requirement in subsection (a), the Secretary shall meet the following objectives:“(1) The referral process shall model best industry practices for referrals from primary care managers to specialty care providers. “(2) The process shall limit administrative requirements for enrolled beneficiaries. “(3) Beneficiary preferences for communications relating to appointment referrals using state-of-the-art information technology shall be used to expedite the process. “(4) There shall be effective and efficient processes to determine the availability of appointments at military medical treatment facilities and, when unavailable, to make prompt referrals to network providers under the TRICARE program. “(c) Deadline for Implementation.—The requirement in subsection (a) shall be implemented for referrals under TRICARE Prime in calendar year 2019. “(d) Evaluation and Improvement.—After 2019, the Secretary shall—“(1) evaluate the referral process described in subsection (a) not less often than annually; and “(2) make appropriate improvements to the process in light of such evaluations. “(e) Improvement of Specialty Care Referrals During Permanent Changes of Station.—In conducting evaluations and improvements under subsection (d) to the referral process described in subsection (a), the Secretary shall ensure beneficiaries enrolled in TRICARE Prime who are undergoing a permanent change of station receive referrals from their primary care manager to such specialty care providers in the new location as the beneficiary may need before undergoing the permanent change of station. “(f) Definitions.—In this section, the terms ‘TRICARE program’ and ‘TRICARE Prime’ have the meaning given such terms in section 1072 of title 10, United States Code.”
|
||||
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|
||||
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|
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|
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|
||||
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|
||||
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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
|
||||
|
||||
## Text
|
||||
|
||||
(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.
|
||||
|
||||
(Added Pub. L. 114–92, div. A, title VII, § 711(a), Nov. 25, 2015, 129 Stat. 864.)
|
||||
File diff suppressed because one or more lines are too long
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|
||||
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|
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|
||||
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|
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|
||||
|
||||
# 10 U.S.C. § 1097 - Contracts for medical care for retirees, dependents, and survivors: alternative delivery of health care
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— The Secretary of Defense, after consulting with the other administering Secretaries, may contract for the delivery of health care to which covered beneficiaries are entitled under this chapter. The Secretary may enter into a contract under this section with any of the following:
|
||||
|
||||
(1) Health maintenance organizations.
|
||||
|
||||
(2) Preferred provider organizations.
|
||||
|
||||
(3) Individual providers, individual medical facilities, or insurers.
|
||||
|
||||
(4) Consortiums of such providers, facilities, or insurers.
|
||||
|
||||
(b) Scope of Coverage Under Health Care Plans.— A contract entered into under this section may provide for the delivery of—
|
||||
|
||||
(1) selected health care services;
|
||||
|
||||
(2) total health care services for selected covered beneficiaries; or
|
||||
|
||||
(3) total health care services for all covered beneficiaries who reside in a geographical area designated by the Secretary.
|
||||
|
||||
(c) Coordination With Facilities of the Uniformed Services.— The Secretary of Defense may provide for the coordination of health care services provided pursuant to any contract or agreement under this section with those services provided in medical treatment facilities of the uniformed services. Subject to the availability of space and facilities and the capabilities of the medical or dental staff, the Secretary may not deny access to facilities of the uniformed services to a covered beneficiary on the basis of whether the beneficiary enrolled or declined enrollment in any program established under, or operating in connection with, any contract under this section. Notwithstanding the preferences established by sections 1074(b) and 1076 of this title, the Secretary shall, as an incentive for enrollment, establish reasonable preferences for services in facilities of the uniformed services for covered beneficiaries enrolled in any program established under, or operating in connection with, any contract under this section.
|
||||
|
||||
(d) Coordination With Other Health Care Programs.— In the case of a covered beneficiary who is enrolled in a managed health care program not operated under the authority of this chapter, the Secretary may contract under this section with such other managed health care program for the purpose of coordinating the beneficiary’s dual entitlements under such program and this chapter. A managed health care program with which arrangements may be made under this subsection includes any health maintenance organization, competitive medical plan, health care prepayment plan, or other managed care program recognized pursuant to regulations issued by the Secretary.
|
||||
|
||||
(e) Charges for Health Care.— (1) The Secretary of Defense may prescribe by regulation a premium, deductible, copayment, or other charge for health care provided under this section. In the case of contracts for health care services under this section or health care plans offered under section 1099 of this title for which the Secretary permits covered beneficiaries who are covered by section 1086 of this title and who participate in such contracts or plans to pay an enrollment fee in lieu of meeting the applicable deductible amount specified in section 1086(b) of this title, the Secretary may establish the same (or a lower) enrollment fee for covered beneficiaries described in section 1086(d)(1) of this title who also participate in such contracts or plans. Without imposing additional costs on covered beneficiaries who participate in contracts for health care services under this section or health care plans offered under section 1099 of this title, the Secretary shall permit such covered beneficiaries to pay, on a quarterly basis, any enrollment fee required for such participation. Except as provided by paragraph (2), a premium, deductible, copayment, or other charge prescribed by the Secretary under this subsection may not be increased during the period beginning on April 1, 2006, and ending on September 30, 2011.
|
||||
|
||||
(2) Beginning October 1, 2012, the Secretary of Defense may only increase in any year the annual enrollment fees described in paragraph (1) by an amount equal to the percentage by which retired pay is increased under section 1401a of this title.
|
||||
|
||||
(Added Pub. L. 99–661, div. A, title VII, § 701(a)(1), Nov. 14, 1986, 100 Stat. 3895; amended Pub. L. 103–337, div. A, title VII, §§ 713, 714(a), Oct. 5, 1994, 108 Stat. 2802; Pub. L. 104–106, div. A, title VII, §§ 712, 713, Feb. 10, 1996, 110 Stat. 374; Pub. L. 109–364, div. A, title VII, § 704(a), Oct. 17, 2006, 120 Stat. 2280; Pub. L. 110–181, div. A, title VII, § 701(a), Jan. 28, 2008, 122 Stat. 187; Pub. L. 110–417, [div. A], title VII, § 701(a), Oct. 14, 2008, 122 Stat. 4498; Pub. L. 111–383, div. A, title VII, § 701(a), Jan. 7, 2011, 124 Stat. 4244; Pub. L. 112–81, div. A, title VII, § 701(a), Dec. 31, 2011, 125 Stat. 1469.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2011—Subsec. (e). Pub. L. 112–81 designated existing provisions as par. (1), substituted “Except as provided by paragraph (2), a premium,” for “A premium,”, and added par. (2). Subsec. (e). Pub. L. 111–383 substituted “September 30, 2011” for “September 30, 2009”. 2008—Subsec. (e). Pub. L. 110–417 substituted “September 30, 2009” for “September 30, 2008”. Pub. L. 110–181 substituted “September 30, 2008” for “September 30, 2007”. 2006—Subsec. (e). Pub. L. 109–364 inserted at end “A premium, deductible, copayment, or other charge prescribed by the Secretary under this subsection may not be increased during the period beginning on April 1, 2006, and ending on September 30, 2007.” 1996—Subsec. (c). Pub. L. 104–106, § 712, substituted “Notwithstanding the preferences established by sections 1074(b) and 1076 of this title, the Secretary shall” for “However, the Secretary may”. Subsec. (e). Pub. L. 104–106, § 713, inserted at end “Without imposing additional costs on covered beneficiaries who participate in contracts for health care services under this section or health care plans offered under section 1099 of this title, the Secretary shall permit such covered beneficiaries to pay, on a quarterly basis, any enrollment fee required for such participation.” 1994—Subsec. (c). Pub. L. 103–337, § 714(a)(2), added subsec. (c). Former subsec. (c) redesignated (e). Pub. L. 103–337, § 713, inserted at end “In the case of contracts for health care services under this section or health care plans offered under section 1099 of this title for which the Secretary permits covered beneficiaries who are covered by section 1086 of this title and who participate in such contracts or plans to pay an enrollment fee in lieu of meeting the applicable deductible amount specified in section 1086(b) of this title, the Secretary may establish the same (or a lower) enrollment fee for covered beneficiaries described in section 1086(d)(1) of this title who also participate in such contracts or plans.” Subsecs. (d), (e). Pub. L. 103–337, § 714(a), added subsec. (d) and redesignated former subsec. (c) as (e).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Clarification of Application for Fiscal Year 2013Pub. L. 112–81, div. A, title VII, § 701(b), Dec. 31, 2011, 125 Stat. 1469, provided that: “The Secretary of Defense shall determine the maximum enrollment fees for TRICARE Prime under section 1097(e)(2) of title 10, United States Code, as added by subsection (a), for fiscal year 2013 and thereafter as if the enrollment fee for each enrollee during fiscal year 2012 was the amount charged to an enrollee who enrolled for the first time during such fiscal year.”
|
||||
File diff suppressed because one or more lines are too long
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|
||||
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|
||||
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|
||||
title: "10 U.S.C. § 1097b"
|
||||
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|
||||
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1097b - TRICARE program: financial management
|
||||
|
||||
## Text
|
||||
|
||||
(a) Reimbursement of Providers.— (1) Subject to paragraph (2), the Secretary of Defense may reimburse health care providers under the TRICARE program at rates higher than the reimbursement rates otherwise authorized for the providers under that program if the Secretary determines that application of the higher rates is necessary in order to ensure the availability of an adequate number of qualified health care providers under that program.
|
||||
|
||||
(2) The amount of reimbursement provided under paragraph (1) with respect to a health care service may not exceed the lesser of the following:
|
||||
|
||||
(A) The amount equal to the local fee for service charge for the service in the service area in which the service is provided as determined by the Secretary based on one or more of the following payment rates:
|
||||
|
||||
(i) Usual, customary, and reasonable.
|
||||
|
||||
(ii) The Health Care Finance Administration’s Resource Based Relative Value Scale.
|
||||
|
||||
(iii) Negotiated fee schedules.
|
||||
|
||||
(iv) Global fees.
|
||||
|
||||
(v) Sliding scale individual fee allowances.
|
||||
|
||||
(B) The amount equal to 115 percent of the CHAMPUS maximum allowable charge for the service.
|
||||
|
||||
(3) In establishing rates and procedures for reimbursement of providers and other administrative requirements, including those contained in provider network agreements, the Secretary shall, to the extent practicable, maintain adequate networks of providers, including institutional, professional, and pharmacy. For the purpose of determining whether network providers under such provider network agreements are subcontractors for purposes of the Federal Acquisition Regulation or any other law, a TRICARE managed care support contract that includes the requirement to establish, manage, or maintain a network of providers may not be considered to be a contract for the performance of health care services or supplies on the basis of such requirement.
|
||||
|
||||
(b) Third-Party Collections.— (1) A medical treatment facility of the uniformed services under the TRICARE program has the same right as the United States under section 1095 of this title to collect from a third-party payer the reasonable charges for health care services described in paragraph (2) that are incurred by the facility on behalf of a covered beneficiary under that program.
|
||||
|
||||
(2) The Secretary of Defense shall prescribe regulations for the administration of this subsection. The regulations shall set forth the method to be used for the computation of the reasonable charges for inpatient, outpatient, and other health care services. The method of computation may be—
|
||||
|
||||
(A) a method that is based on—
|
||||
|
||||
(i) per diem rates;
|
||||
|
||||
(ii) all-inclusive rates for each visit;
|
||||
|
||||
(iii) diagnosis-related groups; or
|
||||
|
||||
(iv) rates prescribed under the regulations implementing sections 1079 and 1086 of this title; or
|
||||
|
||||
(B) any other method considered appropriate.
|
||||
|
||||
(c) Consultation Requirement.— The Secretary of Defense shall carry out the responsibilities under this section after consultation with the other administering Secretaries.
|
||||
|
||||
(Added Pub. L. 106–65, div. A, title VII, § 716(a)(1), Oct. 5, 1999, 113 Stat. 690; amended Pub. L. 112–81, div. A, title VII, § 715, Dec. 31, 2011, 125 Stat. 1477.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2011—Subsec. (a)(3). Pub. L. 112–81 added par. (3).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatePub. L. 106–65, div. A, title VII, § 716(d), Oct. 5, 1999, 113 Stat. 692, provided that: “The amendments made by subsection (a) [enacting this section] shall take effect one year after the date of the enactment of this Act [Oct. 5, 1999].”
|
||||
|
||||
Report on ImplementationPub. L. 106–65, div. A, title VII, § 716(b), Oct. 5, 1999, 113 Stat. 691, directed the Secretary of Defense to submit to Congress a report assessing the effects of the implementation of the requirements and authorities set forth in this section not later than 6 months after Oct. 5, 1999.
|
||||
@@ -0,0 +1,69 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
section: "1097c"
|
||||
citation: "10 U.S.C. § 1097c"
|
||||
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|
||||
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|
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1097c - TRICARE program: relationship with employer-sponsored group health plans
|
||||
|
||||
## Text
|
||||
|
||||
(a) Prohibition on Financial Incentives Not to Enroll in a Group Health Plan.— (1) Except as provided in this subsection, the provisions of section 1862(b)(3)(C) of the Social Security Act shall apply with respect to financial or other incentives for a TRICARE-eligible employee not to enroll (or to terminate enrollment) under a health plan which would (in the case of such enrollment) be a primary plan under sections 1079(j)(1) 11 See References in Text note below. and 1086(g) of this title in the same manner as such section 1862(b)(3)(C) applies to financial or other incentives for an individual entitled to benefits under title XVIII of the Social Security Act not to enroll (or to terminate enrollment) under a group health plan or a large group health plan which would (in the case of enrollment) be a primary plan (as defined in section 1862(b)(2)(A) of such Act).
|
||||
|
||||
(2) (A) The Secretary of Defense may by regulation adopt such additional exceptions to the prohibition referenced and applied under paragraph (1) as the Secretary deems appropriate and such paragraph (1) shall be implemented taking into account the adoption of such exceptions.
|
||||
|
||||
(B) The Secretary of Defense and the Secretary of Health and Human Services are authorized to enter into agreements for carrying out this subsection. Any such agreement shall provide that any expenses incurred by the Secretary of Health and Human Services pertaining to carrying out this subsection shall be reimbursed by the Secretary of Defense.
|
||||
|
||||
(C) Authorities of the Inspector General of the Department of Defense shall be available for oversight and investigations of responsibilities of employers and other entities under this subsection.
|
||||
|
||||
(D) Information obtained under section 1095(k) of this title may be used in carrying out this subsection in the same manner as information obtained under section 1862(b)(5) of the Social Security Act may be used in carrying out section 1862(b) of such Act.
|
||||
|
||||
(E) Any amounts collected in carrying out paragraph (1) shall be handled in accordance with section 1079a of this title.
|
||||
|
||||
(b) Election of TRICARE-Eligible Employees to Participate in Group Health Plan.— A TRICARE-eligible employee shall have the opportunity to elect to participate in the group health plan offered by the employer of the employee and receive primary coverage for health care services under the plan in the same manner and to the same extent as similarly situated employees of such employer who are not TRICARE-eligible employees.
|
||||
|
||||
(c) Inapplicability to Certain Employers.— The provisions of this section do not apply to any employer who has fewer than 20 employees.
|
||||
|
||||
(d) Retention of Eligibility for Coverage Under TRICARE.— Nothing in this section, including an election made by a TRICARE-eligible employee under subsection (b), shall be construed to affect, modify, or terminate the eligibility of a TRICARE-eligible employee or spouse of such employee for health care or dental services under this chapter in accordance with the other provisions of this chapter.
|
||||
|
||||
(e) Outreach.— The Secretary of Defense shall, in coordination with the other administering Secretaries, conduct outreach to inform covered beneficiaries who are entitled to health care benefits under the TRICARE program of the rights and responsibilities of such beneficiaries and employers under this section.
|
||||
|
||||
(f) Definitions.— In this section:
|
||||
|
||||
(1) The term “employer” includes a State or unit of local government.
|
||||
|
||||
(2) The term “group health plan” means a group health plan (as that term is defined in section 5000(b)(1) of the Internal Revenue Code of 1986 without regard to section 5000(d) of the Internal Revenue Code of 1986).
|
||||
|
||||
(3) The term “TRICARE-eligible employee” means a covered beneficiary under section 1086 of this title entitled to health care benefits under the TRICARE program.
|
||||
|
||||
(g) Effective Date.— This section shall take effect on January 1, 2008.
|
||||
|
||||
(Added Pub. L. 109–364, div. A, title VII, § 707(a), Oct. 17, 2006, 120 Stat. 2283.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 1079(j) of this title, referred to in subsec. (a)(1), was redesignated section 1079(i) of this title by Pub. L. 113–291, div. A, title VII, § 703(a)(3), Dec. 19, 2014, 128 Stat. 3411. The Social Security Act, referred to in subsec. (a)(1), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XVIII of the Act is classified generally to subchapter XVIII (§ 1395 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. Section 1862 of the Act is classified to section 1395y of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. Section 5000 of the Internal Revenue Code of 1986, referred to in subsec. (f)(2), is classified to section 5000 of Title 26, Internal Revenue Code.
|
||||
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|
||||
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|
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|
||||
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|
||||
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1097d - TRICARE program: notice of change to benefits
|
||||
|
||||
## Text
|
||||
|
||||
(a) Provision of Notice.— (1) If the Secretary makes a significant change to any benefits provided by the TRICARE program to covered beneficiaries, the Secretary shall provide individuals described in paragraph (2) with notice explaining such changes.
|
||||
|
||||
(2) The individuals described by this paragraph are covered beneficiaries participating in the TRICARE program who may be affected by a significant change covered by a notification under paragraph (1).
|
||||
|
||||
(3) The Secretary shall provide notice under paragraph (1) through electronic means.
|
||||
|
||||
(b) Timing of Notice.— The Secretary shall provide notice under paragraph (1) of subsection (a) by the earlier of the following dates:
|
||||
|
||||
(1) The date that the Secretary determines would afford individuals described in paragraph (2) of such subsection adequate time to understand the change covered by the notification.
|
||||
|
||||
(2) The date that is 90 days before the date on which the change covered by the notification becomes effective.
|
||||
|
||||
(3) The effective date of a significant change that is required by law.
|
||||
|
||||
(c) Significant Change Defined.— In this section, the term “significant change” means a systemwide change—
|
||||
|
||||
(1) in the structure of the TRICARE program or the benefits provided under the TRICARE program (not including the addition of new services or benefits); or
|
||||
|
||||
(2) in beneficiary cost-share rates of more than 20 percent.
|
||||
|
||||
(Added Pub. L. 113–291, div. A, title VII, § 711(a), Dec. 19, 2014, 128 Stat. 3413.)
|
||||
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
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||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1098 - Incentives for participation in cost-effective health care plans
|
||||
|
||||
## Text
|
||||
|
||||
(a) Waiver of Limitations and Copayments.— Subject to subsection (b), the Secretary of Defense, with respect to any plan contracted for under the authority of section 1079 or 1086 of this title, may waive, in whole or in part—
|
||||
|
||||
(1) any limitation set out in the second sentence of section 1079(a) of this title; or
|
||||
|
||||
(2) any requirement for payment by the patient under section 1079(b) or 1086(b) of this title.
|
||||
|
||||
(b) Determination and Report.— (1) Subject to paragraph (3), the Secretary may waive a limitation or requirement as authorized by subsection (a) if the Secretary determines that during the period of the waiver such a plan will—
|
||||
|
||||
(A) be less costly to the Government than a plan subject to such limitations or payment requirements; or
|
||||
|
||||
(B) provide better services than those provided by a plan subject to such limitations or payment requirements at no additional cost to the Government.
|
||||
|
||||
(2) The Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report with respect to a waiver under paragraph (1), including a comparison of costs of and benefits available under—
|
||||
|
||||
(A) a plan with respect to which the limitations and payment requirements are waived; and
|
||||
|
||||
(B) a plan with respect to which there is no such waiver.
|
||||
|
||||
(3) A waiver under paragraph (1) may not take effect until the end of the 180-day period beginning on the date on which the Secretary submits the report required by paragraph (2) with respect to such waiver.
|
||||
|
||||
(Added Pub. L. 99–661, div. A, title VII, § 701(a)(1), Nov. 14, 1986, 100 Stat. 3895; amended Pub. L. 101–510, div. A, title XIV, § 1484(h)(1), Nov. 5, 1990, 104 Stat. 1717; Pub. L. 104–106, div. A, title XV, § 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1999—Subsec. (b)(2). Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”. 1996—Subsec. (b)(2). Pub. L. 104–106 substituted “Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives” for “Committees on Armed Services of the Senate and House of Representatives”. 1990—Subsec. (a). Pub. L. 101–510 substituted “subsection (b)” for “subsections (b) and (c)” in introductory provisions.
|
||||
@@ -0,0 +1,79 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1099"
|
||||
description: "Health care enrollment system and payment options"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1099 - Health care enrollment system and payment options
|
||||
|
||||
## Text
|
||||
|
||||
(a) Establishment of System.— The Secretary of Defense, after consultation with the other administering Secretaries, shall establish a system of health care enrollment for covered beneficiaries who reside in the United States.
|
||||
|
||||
(b) Description of System.— Such system shall—
|
||||
|
||||
(1) allow covered beneficiaries to elect to enroll in a health care plan, or modify a previous election, from eligible health care plans designated by the Secretary of Defense during—
|
||||
|
||||
(A) an annual open enrollment period; and
|
||||
|
||||
(B) any period based on a qualifying event experienced by the beneficiary, as determined appropriate by the Secretary; or
|
||||
|
||||
(2) if necessary in order to ensure full use of facilities of the uniformed services in a geographical area, assign covered beneficiaries who reside in such area to such facilities.
|
||||
|
||||
(c) Health Care Plans Available Under System.— A health care plan designated by the Secretary of Defense under the system described in subsection (a) shall provide all health care to which a covered beneficiary is entitled under this chapter. Such a plan may consist of any of the following:
|
||||
|
||||
(1) Use of facilities of the uniformed services.
|
||||
|
||||
(2) A plan under the TRICARE program.
|
||||
|
||||
(3) Any other health care plan contracted for by the Secretary of Defense.
|
||||
|
||||
(4) Any combination of the plans described in paragraphs (1), (2), and (3).
|
||||
|
||||
(d) Payment Options.— (1) A member or former member of the uniformed services, or a dependent thereof, eligible for medical care and dental care under section 1074(b) or 1076 of this title shall pay a premium for coverage under this chapter.
|
||||
|
||||
(2) To the maximum extent practicable, a premium owed by a member, former member, or dependent under paragraph (1) shall be withheld from the retired, retainer, or equivalent pay of the member, former member, or dependent. In all other cases, a premium shall be paid in a frequency and method determined by the Secretary.
|
||||
|
||||
(e) Regulations.— The Secretary of Defense, after consultation with the other administering Secretaries, shall prescribe regulations to carry out this section.
|
||||
|
||||
(Added Pub. L. 99–661, div. A, title VII, § 701(a)(1), Nov. 14, 1986, 100 Stat. 3896; amended Pub. L. 114–328, div. A, title VII, § 701(d)(1), (j)(1)(E), Dec. 23, 2016, 130 Stat. 2186, 2192; Pub. L. 116–92, div. A, title VII, § 702(a), (b)(2)(B), Dec. 20, 2019, 133 Stat. 1436.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2019—Pub. L. 116–92, § 702(b)(2)(B), inserted “and payment options” after “system” in section catchline. Subsecs. (d), (e). Pub. L. 116–92, § 702(a), added subsec. (d) and redesignated former subsec. (d) as (e). 2016—Subsec. (b)(1). Pub. L. 114–328, § 701(d)(1), amended par. (1) generally. Prior to amendment, text read as follows: “allow covered beneficiaries to elect a health care plan from eligible health care plans designated by the Secretary of Defense; or”. Subsec. (c)(2). Pub. L. 114–328, § 701(j)(1)(E), added par. (2) and struck out former par. (2) which read as follows: “The Civilian Health and Medical Program of the Uniformed Services.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2019 AmendmentAmendment by Pub. L. 116–92 applicable to health care coverage beginning on or after Jan. 1, 2021, see section 702(c) of Pub. L. 116–92, set out as a note under section 1097a of this title.
|
||||
|
||||
Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 applicable with respect to the provision of health care under the TRICARE program beginning on Jan. 1, 2018, see section 701(k) of Pub. L. 114–328, set out as a note under section 1072 of this title.
|
||||
|
||||
RegulationsPub. L. 99–661, div. A, title VII, § 701(d)(1), (2), Nov. 14, 1986, 100 Stat. 3898, provided that: “(1) Except as provided in paragraph (2), the Secretary of Defense shall prescribe regulations as required by section 1099(d) [now 1099(e)] of title 10, United States Code (as added by subsection (a)(1)) to implement the system of health care enrollment for covered beneficiaries—“(A) on October 1, 1987, with respect to—“(i) covered beneficiaries included in the demonstration project required under section 702 [10 U.S.C. 1073 note]; and “(ii) facilities of the uniformed services located in the geographical area covered by the demonstration project; and “(B) not later than September 30, 1990, for all other covered beneficiaries and facilities of the uniformed services. “(2) The Secretary may not assign covered beneficiaries to facilities of the uniformed services, as authorized by section 1099(b)(2) of such title (as added by subsection (a)(1)), before October 1, 1990.”
|
||||
|
||||
Initial Annual Open Enrollment PeriodPub. L. 114–328, div. A, title VII, § 701(d)(2), (3), Dec. 23, 2016, 130 Stat. 2186, provided that: “(2) Application.—The Secretary of Defense shall implement the initial annual open enrollment period pursuant to section 1099(b)(1) of title 10, United States Code, as amended by paragraph (1), during 2018. “(3) Grace period during first year.—“(A) At any time during the one-year period beginning on the date on which the initial annual open enrollment period begins pursuant to section 1099(b)(1) of title 10, United States Code, as amended by paragraph (1), a covered beneficiary may make an election, or modify such an election, described in such section. “(B) If during such one-year period an individual who is eligible to enroll in the TRICARE program, but does not elect to enroll in such program, receives health care services for an episode of care that would be covered under the TRICARE program if such individual were enrolled in the TRICARE program, the Secretary—“(i) shall pay the out-of-network fees only for the first episode of care and inform the individual of the opportunity to enroll in the TRICARE program; and “(ii) may not pay any costs relating to any subsequent episode of care if such individual is not enrolled in the TRICARE program.”
|
||||
|
||||
Reports to CongressPub. L. 99–661, div. A, title VII, § 701(c)(1), Nov. 14, 1986, 100 Stat. 3898, required Secretary of Defense, not later than July 1, 1987, to submit to Congress a report detailing any plans to establish or implement a system of health care enrollment (other than as required under section 702(a)(2)(C)) under section 1099(a) of this title and the plan of the Secretary for completing implementation of such system.
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
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|
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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||||
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||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1100 - Defense Health Program Account
|
||||
|
||||
## Text
|
||||
|
||||
(a) Establishment of Account.— (1) There is hereby established in the Department of Defense an account to be known as the “Defense Health Program Account”. All sums appropriated to carry out the functions of the Secretary of Defense with respect to medical and health care programs of the Department of Defense shall be appropriated to the account.
|
||||
|
||||
(2) Of the total amount appropriated for a fiscal year for programs and activities carried out under this chapter, the amount equal to three percent of such total amount shall remain available for obligation until the end of the following fiscal year.
|
||||
|
||||
(b) Obligation of Amounts From Account by Secretary of Defense.— The Secretary of Defense may obligate or expend funds from the account for purposes of conducting programs and activities under this chapter, including contracts entered into under section 1079, 1086, 1092, or 1097 of this title, to the extent amounts are available in the account.
|
||||
|
||||
(c) Regulations.— The Secretary of Defense shall prescribe regulations to carry out this section.
|
||||
|
||||
(Added Pub. L. 99–661, div. A, title VII, § 701(a)(1), Nov. 14, 1986, 100 Stat. 3896; amended Pub. L. 104–106, div. A, title VII, § 735(a)–(d)(1), Feb. 10, 1996, 110 Stat. 382.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1996—Pub. L. 104–106, § 735(d)(1), amended section catchline generally, substituting “Defense Health Program Account” for “Military Health Care Account”. Subsec. (a)(1). Pub. L. 104–106, § 735(a)(1), substituted “Defense Health Program Account” for “Military Health Care Account” and “medical and health care programs of the Department of Defense” for “the Civilian Health and Medical Program of the Uniformed Services”. Subsec. (a)(2). Pub. L. 104–106, § 735(b), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Amounts appropriated to the account shall remain available until obligated or expended under subsection (b) or (c).” Subsec. (b). Pub. L. 104–106, § 735(a)(2), substituted “conducting programs and activities under this chapter, including contracts entered into” for “entering into a contract” and inserted comma after “title”. Subsec. (c). Pub. L. 104–106, § 735(c), redesignated subsec. (e) as (c) and struck out former subsec. (c) which read as follows: “Allocation of Amounts in Account for Provision of Medical Care by Service Secretaries.—(1) The Secretary of a military department shall, before the beginning of a fiscal year quarter, provide to the Secretary of Defense an estimate of the amounts necessary to pay for charges for benefits under the program for covered beneficiaries under the jurisdiction of the Secretary for that quarter. “(2) The Secretary of Defense shall, subject to amounts provided in advance in appropriation Acts, make available to each Secretary of a military department the amount from the account that the Secretary of Defense determines is necessary to pay for charges for benefits under the program for covered beneficiaries under the jurisdiction of such Secretary for that quarter.” Subsec. (d). Pub. L. 104–106, § 735(c)(1), struck out subsec. (d) which read as follows: “Expenditure of Amounts From Account by Service Secretaries.—The Secretary of a military department shall provide medical and dental care to covered beneficiaries under the jurisdiction of the Secretary for a fiscal year quarter from amounts appropriated to the Secretary and from amounts from the account made available for that quarter to the Secretary by the Secretary of Defense. If the Secretary of a military department exhausts the amounts from the account made available to the Secretary for a fiscal year quarter, the Secretary shall transfer to the account from amounts appropriated to the Secretary an amount sufficient to provide medical and dental care to covered beneficiaries under the jurisdiction of the Secretary for the remainder of the fiscal year quarter.” Subsec. (e). Pub. L. 104–106, § 735(c)(2), redesignated subsec. (e) as (c). Subsec. (f). Pub. L. 104–106, § 735(c)(1), struck out subsec. (f) which read as follows: “Definitions.—In this section: “(1) The term ‘account’ means the Military Health Care Account established in subsection (a). “(2) The term ‘program’ means the Civilian Health and Medical Program of the Uniformed Services.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatePub. L. 99–661, div. A, title VII, § 701(d)(3), Nov. 14, 1986, 100 Stat. 3898, provided that: “Section 1100 of such title (as added by subsection (a)(1)) shall take effect on October 1, 1987.”
|
||||
|
||||
Reports to CongressPub. L. 99–661, div. A, title VII, § 701(c)(2), Nov. 14, 1986, 100 Stat. 3898, required Secretary to submit to Congress not later than May 1, 1987, a report on plans of Secretary for establishing diagnosis-related groups for inpatient services under section 1100(a) of this title, and not later than May 1, 1988, a report on plans of Secretary for establishing diagnosis-related groups for outpatient services under such section.
|
||||
@@ -0,0 +1,57 @@
|
||||
---
|
||||
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1101 - Resource allocation methods: capitation or diagnosis-related groups
|
||||
|
||||
## Text
|
||||
|
||||
(a) Establishment of Capitation or DRG Method.— The Secretary of Defense, after consultation with the other administering Secretaries, shall establish by regulation the use of capitation or diagnosis-related groups as the primary criteria for allocation of resources to facilities of the uniformed services.
|
||||
|
||||
(b) Exception for Mobilization Missions.— Capitation or diagnosis-related groups shall not be used to allocate resources to the facilities of the uniformed services to the extent that such resources are required by such facilities for mobilization missions.
|
||||
|
||||
(c) Content of Regulations.— Such regulations may establish a system of diagnosis-related groups similar to the system established under section 1886(d)(4) of the Social Security Act (42 U.S.C. 1395ww(d)(4)). Such regulations may include the following:
|
||||
|
||||
(1) A classification of inpatient treatments by diagnosis-related groups and a similar classification of outpatient treatment.
|
||||
|
||||
(2) A methodology for classifying specific treatments within such groups.
|
||||
|
||||
(3) An appropriate weighting factor for each such diagnosis-related group which reflects the relative resources used by a facility of a uniformed service with respect to treatments classified within that group compared to treatments classified within other groups.
|
||||
|
||||
(4) An appropriate method for calculating or estimating the annual per capita costs of providing comprehensive health care services to members of the uniformed services on active duty and covered beneficiaries.
|
||||
|
||||
(Added Pub. L. 99–661, div. A, title VII, § 701(a)(1), Nov. 14, 1986, 100 Stat. 3897; amended Pub. L. 100–456, div. A, title XII, § 1233(e)(1), Sept. 29, 1988, 102 Stat. 2057; Pub. L. 103–160, div. A, title VII, § 714(a), (b)(1), Nov. 30, 1993, 107 Stat. 1690.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1993—Pub. L. 103–160, § 714(b)(1), substituted “Resource allocation methods: capitation or diagnosis-related groups” for “Diagnosis-related groups” as section catchline. Subsec. (a). Pub. L. 103–160, § 714(a)(1), substituted “Capitation or DRG Method” for “DRGs” in heading and inserted “capitation or” before “diagnosis-related groups” in text. Subsec. (b). Pub. L. 103–160, § 714(a)(2), substituted “Capitation or diagnosis-related groups” for “Diagnosis-related groups”. Subsec. (c). Pub. L. 103–160, § 714(a)(3), substituted “may” for “shall” in two places in introductory provisions and added par. (4). 1988—Subsec. (c). Pub. L. 100–456 struck out “(1)” before “Such regulations” in introductory provisions.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
RegulationsPub. L. 101–189, div. A, title VII, § 724, Nov. 29, 1989, 103 Stat. 1478, as amended by Pub. L. 102–190, div. A, title VII, § 719, Dec. 5, 1991, 105 Stat. 1404, provided that: “The regulations required by section 1101(a) of title 10, United States Code, to establish the use of diagnosis-related groups as the primary criteria for the allocation of resources to health care facilities of the uniformed services shall be prescribed to take effect not later than October 1, 1993, in the case of outpatient treatments.” Pub. L. 99–661, div. A, title VII, § 701(d)(4), Nov. 14, 1986, 100 Stat. 3898, as amended by Pub. L. 100–180, div. A, title VII, § 724, Dec. 4, 1987, 101 Stat. 1116, provided that: “The Secretary of Defense shall prescribe regulations as required by section 1101(a) of such title (as added by subsection (a)(1)) to take effect— “(A) in the case of inpatient treatments, not later than October 1, 1988; and “(B) in the case of outpatient treatments, not later than October 1, 1989.”
|
||||
@@ -0,0 +1,95 @@
|
||||
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|
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1102 - Confidentiality of medical quality assurance records: qualified immunity for participants
|
||||
|
||||
## Text
|
||||
|
||||
(a) Confidentiality of Records.— Medical quality assurance records created by or for the Department of Defense as part of a medical quality assurance program are confidential and privileged. Such records may not be disclosed to any person or entity, except as provided in subsection (c).
|
||||
|
||||
(b) Prohibition on Disclosure and Testimony.— (1) No part of any medical quality assurance record described in subsection (a) may be subject to discovery or admitted into evidence in any judicial or administrative proceeding, except as provided in subsection (c).
|
||||
|
||||
(2) A person who reviews or creates medical quality assurance records for the Department of Defense or who participates in any proceeding that reviews or creates such records may not be permitted or required to testify in any judicial or administrative proceeding with respect to such records or with respect to any finding, recommendation, evaluation, opinion, or action taken by such person or body in connection with such records except as provided in this section.
|
||||
|
||||
(c) Authorized Disclosure and Testimony.— (1) Subject to paragraph (2), a medical quality assurance record described in subsection (a) may be disclosed, and a person referred to in subsection (b) may give testimony in connection with such a record, only as follows:
|
||||
|
||||
(A) To a Federal executive agency or private organization, if such medical quality assurance record or testimony is needed by such agency or organization to perform licensing or accreditation functions related to Department of Defense health care facilities or to perform monitoring, required by law, of Department of Defense health care facilities.
|
||||
|
||||
(B) To an administrative or judicial proceeding commenced by a present or former Department of Defense health care provider concerning the termination, suspension, or limitation of clinical privileges of such health care provider.
|
||||
|
||||
(C) To a governmental board or agency or to a professional health care society or organization, if such medical quality assurance record or testimony is needed by such board, agency, society, or organization to perform licensing, credentialing, or the monitoring of professional standards with respect to any health care provider who is or was a member or an employee of the Department of Defense.
|
||||
|
||||
(D) To a hospital, medical center, or other institution that provides health care services, if such medical quality assurance record or testimony is needed by such institution to assess the professional qualifications of any health care provider who is or was a member or employee of the Department of Defense and who has applied for or been granted authority or employment to provide health care services in or on behalf of such institution.
|
||||
|
||||
(E) To an officer, employee, or contractor of the Department of Defense who has a need for such record or testimony to perform official duties.
|
||||
|
||||
(F) To a criminal or civil law enforcement agency or instrumentality charged under applicable law with the protection of the public health or safety, if a qualified representative of such agency or instrumentality makes a written request that such record or testimony be provided for a purpose authorized by law.
|
||||
|
||||
(G) In an administrative or judicial proceeding commenced by a criminal or civil law enforcement agency or instrumentality referred to in subparagraph (F), but only with respect to the subject of such proceeding.
|
||||
|
||||
(2) With the exception of the subject of a quality assurance action, the identity of any person receiving health care services from the Department of Defense or the identity of any other person associated with such department for purposes of a medical quality assurance program that is disclosed in a medical quality assurance record described in subsection (a) shall be deleted from that record or document before any disclosure of such record is made outside the Department of Defense. Such requirement does not apply to the release of information pursuant to section 552a of title 5.
|
||||
|
||||
(d) Disclosure for Certain Purposes.— (1) Nothing in this section shall be construed as authorizing or requiring the withholding from any person or entity aggregate statistical information regarding the results of Department of Defense medical quality assurance programs.
|
||||
|
||||
(2) Nothing in this section shall be construed as authority to withhold any medical quality assurance record from a committee of either House of Congress, any joint committee of Congress, or the Comptroller General if such record pertains to any matter within their respective jurisdictions.
|
||||
|
||||
(e) Prohibition on Disclosure of Record or Testimony.— A person or entity having possession of or access to a record or testimony described by this section may not disclose the contents of such record or testimony in any manner or for any purpose except as provided in this section.
|
||||
|
||||
(f) Exemption From Freedom of Information Act.— Medical quality assurance records described in subsection (a) may not be made available to any person under section 552 of title 5.
|
||||
|
||||
(g) Limitation on Civil Liability.— A person who participates in or provides information to a person or body that reviews or creates medical quality assurance records described in subsection (a) shall not be civilly liable for such participation or for providing such information if the participation or provision of information was in good faith based on prevailing professional standards at the time the medical quality assurance program activity took place.
|
||||
|
||||
(h) Application to Information in Certain Other Records.— Nothing in this section shall be construed as limiting access to the information in a record created and maintained outside a medical quality assurance program, including a patient’s medical records, on the grounds that the information was presented during meetings of a review body that are part of a medical quality assurance program.
|
||||
|
||||
(i) Regulations.— The Secretary of Defense shall prescribe regulations to implement this section.
|
||||
|
||||
(j) Definitions.— In this section:
|
||||
|
||||
(1) The term “medical quality assurance program” means any peer review activity carried out before, on, or after November 14, 1986 by or for the Department of Defense to assess the quality of medical care, including activities conducted by individuals, military medical or dental treatment facility committees, or other review bodies responsible for quality assurance, credentials, infection control, patient care assessment (including treatment procedures, blood, drugs, and therapeutics), medical records, health resources management review and identification and prevention of medical or dental incidents and risks.
|
||||
|
||||
(2) The term “medical quality assurance record” means the proceedings, records, minutes, and reports that emanate from quality assurance program activities described in paragraph (1) and are produced or compiled by the Department of Defense as part of a medical quality assurance program.
|
||||
|
||||
(3) The term “health care provider” means any military or civilian health care professional who, under regulations of a military department, is granted clinical practice privileges to provide health care services in a military medical or dental treatment facility or who is licensed or certified to perform health care services by a governmental board or agency or professional health care society or organization.
|
||||
|
||||
(4) The term “peer review” means any assessment of the quality of medical care carried out by a health care professional, including any such assessment of professional performance, any patient safety program root cause analysis or report, or any similar activity described in regulations prescribed by the Secretary under subsection (i).
|
||||
|
||||
(k) Penalty.— Any person who willfully discloses a medical quality assurance record other than as provided in this section, knowing that such record is a medical quality assurance record, shall be fined not more than $3,000 in the case of a first offense and not more than $20,000 in the case of a subsequent offense.
|
||||
|
||||
(Added Pub. L. 99–661, div. A, title VII, § 705(a)[(1)], Nov. 14, 1986, 100 Stat. 3902; amended Pub. L. 100–180, div. A, title XII, § 1231(5), Dec. 4, 1987, 101 Stat. 1160; Pub. L. 101–189, div. A, title VI, § 653(f), Nov. 29, 1989, 103 Stat. 1463; Pub. L. 108–375, div. A, title X, § 1084(c)(2), Oct. 28, 2004, 118 Stat. 2061; Pub. L. 112–81, div. A, title VII, § 714(a), Dec. 31, 2011, 125 Stat. 1476.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2011—Subsec. (j)(1). Pub. L. 112–81, § 714(a)(1), substituted “any peer review activity carried out” for “any activity carried out”. Subsec. (j)(4). Pub. L. 112–81, § 714(a)(2), added par. (4). 2004—Subsec. (d)(2). Pub. L. 108–375 substituted “Comptroller General” for “General Accounting Office”. 1989—Subsec. (j)(1). Pub. L. 101–189 substituted “November 14, 1986” for “the date of the enactment of this section”. 1987—Subsec. (c)(2). Pub. L. 100–180 struck out “, United States Code” after “title 5” in second sentence.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2011 AmendmentPub. L. 112–81, div. A, title VII, § 714(b), Dec. 31, 2011, 125 Stat. 1477, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on January 1, 2012.”
|
||||
|
||||
Effective DatePub. L. 99–661, div. A, title VII, § 705(b), Nov. 14, 1986, 100 Stat. 3904, provided that: “Section 1102 of title 10, United States Code, as added by subsection (a), shall apply to all records created before, on, or after the date of the enactment of this Act [Nov. 14, 1986] by or for the Department of Defense as part of a medical quality assurance program.”
|
||||
@@ -0,0 +1,59 @@
|
||||
---
|
||||
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|
||||
title: "10 U.S.C. § 1103"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
confidence: "official"
|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1103 - Contracts for medical and dental care: State and local preemption
|
||||
|
||||
## Text
|
||||
|
||||
(a) Occurrence of Preemption.— A law or regulation of a State or local government relating to health insurance, prepaid health plans, or other health care delivery or financing methods shall not apply to any contract entered into pursuant to this chapter by the Secretary of Defense or the administering Secretaries to the extent that the Secretary of Defense or the administering Secretaries determine that—
|
||||
|
||||
(1) the State or local law or regulation is inconsistent with a specific provision of the contract or a regulation promulgated by the Secretary of Defense or the administering Secretaries pursuant to this chapter; or
|
||||
|
||||
(2) the preemption of the State or local law or regulation is necessary to implement or administer the provisions of the contract or to achieve any other important Federal interest.
|
||||
|
||||
(b) Effect of Preemption.— In the case of the preemption under subsection (a) of a State or local law or regulation regarding financial solvency, the Secretary of Defense or the administering Secretaries shall require an independent audit of the prime contractor of each contract that is entered into pursuant to this chapter and covered by the preemption. The audit shall be performed by the Defense Contract Audit Agency.
|
||||
|
||||
(c) State Defined.— In this section, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and each possession of the United States.
|
||||
|
||||
(Added Pub. L. 100–180, div. A, title VII, § 725(a)(1), Dec. 4, 1987, 101 Stat. 1116; amended Pub. L. 103–160, div. A, title VII, § 715(a), Nov. 30, 1993, 107 Stat. 1690; Pub. L. 109–163, div. A, title X, § 1057(a)(2), Jan. 6, 2006, 119 Stat. 3440.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2006—Subsec. (c). Pub. L. 109–163 struck out “Territory and” before “possession”. 1993—Pub. L. 103–160 amended section generally. Prior to amendment, section read as follows: “(a) The provisions of any contract under this chapter which relate to the nature and extent of coverage of benefits (including payments with respect to benefits) shall preempt any law of a State or local government, or any regulation issued under such a law, which relates to health insurance or plans to the extent that such law or regulation is inconsistent with such contractual provisions. “(b) In this section, the term ‘State’ includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and each territory and possession of the United States.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1993 AmendmentPub. L. 103–160, div. A, title VII, § 715(b), Nov. 30, 1993, 107 Stat. 1691, provided that: “Section 1103 of title 10, United States Code, as amended by subsection (a), shall apply with respect to any contract entered into under chapter 55 of such title before, on, or after the date of the enactment of this Act [Nov. 30, 1993].”
|
||||
|
||||
Effective DatePub. L. 100–180, div. A, title VII, § 725(b), Dec. 4, 1987, 101 Stat. 1117, provided that: “Section 1103 of such title, as added by subsection (a), shall apply with respect to any contract entered into after October 1, 1987.”
|
||||
|
||||
Applicability of Preemption Provisions to Certain ContractsPub. L. 102–396, title IX, § 9032, Oct. 6, 1992, 106 Stat. 1908, as amended by Pub. L. 103–50, ch. III, § 301, July 2, 1993, 107 Stat. 250, provided in part “That the preemption provisions of section 1103(a) of title 10, United States Code, shall not be limited to contractual provisions relating to coverage of benefits, but shall apply to all contracts entered into pursuant to this general provision, the California and Hawaii recompetition contract, and Solicitation Number MDA 906–92–R–0004 and shall preempt any and all State and local laws and regulations which relate to health insurance or health care plans”.
|
||||
|
||||
Applicability to Contracts Entered Into Pursuant to Solicitation Number MDA–903–87–R–0047Pub. L. 100–463, title VIII, § 8078(b), Oct. 1, 1988, 102 Stat. 2270–30, provided that preemption provisions of 10 U.S.C. 1103 shall apply to contracts entered into pursuant to Solicitation Number MDA–903–87–R–0047 and shall preempt State and local laws or regulations which relate to health insurance or prepaid health care plans. Similar provisions were contained in the following prior appropriation act: Pub. L. 100–202, § 101(b) [title VIII, § 8104(b)], Dec. 22, 1987, 101 Stat. 1329–43, 1329–81.
|
||||
@@ -0,0 +1,51 @@
|
||||
---
|
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|
||||
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|
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
citation: "10 U.S.C. § 1104"
|
||||
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|
||||
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|
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1104 - Sharing of health-care resources with the Department of Veterans Affairs
|
||||
|
||||
## Text
|
||||
|
||||
(a) Sharing of Health-Care Resources.— Health-care resources of the Department of Defense shall be shared with health-care resources of the Department of Veterans Affairs in accordance with section 8111 of title 38 or under section 1535 of title 31.
|
||||
|
||||
(b) Reimbursement From CHAMPUS Funds.— Pursuant to an agreement entered into under section 8111 of title 38 or section 1535 of title 31, the Secretary of a military department may reimburse the Secretary of Veterans Affairs from funds available for that military department for the payment of medical care provided under section 1079 or 1086 of this title.
|
||||
|
||||
(c) Charges.— The Secretary of Defense may prescribe by regulation a premium, deductible, copayment, or other charge for health care provided to covered beneficiaries under this chapter pursuant to an agreement entered into by the Secretary of a military department under section 8111 of title 38 or section 1535 of title 31.
|
||||
|
||||
(d) Provision of Services During War or National Emergency.— Members of the armed forces on active duty during and immediately following a period of war, or during and immediately following a national emergency involving the use of the armed forces in armed conflict, may be provided health-care services by the Department of Veterans Affairs in accordance with section 8111A of title 38.
|
||||
|
||||
(Added Pub. L. 101–189, div. A, title VII, § 722(a), Nov. 29, 1989, 103 Stat. 1477; amended Pub. L. 102–484, div. A, title X, § 1052(14), Oct. 23, 1992, 106 Stat. 2499; Pub. L. 103–35, title II, § 201(c)(1), May 31, 1993, 107 Stat. 98; Pub. L. 107–314, div. A, title VII, § 721(b), Dec. 2, 2002, 116 Stat. 2595.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2002—Subsec. (a). Pub. L. 107–314 substituted “shall” for “may”. 1993—Subsecs. (a) to (c). Pub. L. 103–35, § 201(c)(1)(A), substituted “section 8111 of title 38” for “section 8011 of title 38”. Subsec. (d). Pub. L. 103–35, § 201(c)(1)(B), substituted “section 8111A of title 38” for “section 8011A of title 38”. 1992—Subsecs. (a) to (c). Pub. L. 102–484, § 1052(14)(A), substituted “section 8011 of title 38” for “section 5011 of title 38”. Subsec. (d). Pub. L. 102–484, § 1052(14)(B), substituted “section 8011A of title 38” for “section 5011A of title 38”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2002 AmendmentAmendment by Pub. L. 107–314 effective Oct. 1, 2003, see section 721(c) of Pub. L. 107–314, set out as a note under section 8111 of Title 38, Veterans’ Benefits.
|
||||
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|
||||
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|
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|
||||
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1104a - Shared medical facilities with Department of Veterans Affairs
|
||||
|
||||
## Text
|
||||
|
||||
(a) Agreements.— Secretary of Defense may enter into agreements with the Secretary of Veterans Affairs for the planning, design, and construction, or the leasing, of facilities to be operated as shared medical facilities.
|
||||
|
||||
(b) Transfer of Funds by Secretary of Defense.— (1) The Secretary of Defense may transfer to the Secretary of Veterans Affairs amounts as follows:
|
||||
|
||||
(A) For the construction of a shared medical facility, amounts not in excess of the amount authorized under subsection (a)(2) of section 2805 of this title, if—
|
||||
|
||||
(i) the amount of the share of the Department of Defense for the estimated cost of the project does not exceed the amount authorized under such subsection; and
|
||||
|
||||
(ii) the other requirements of such section have been met with respect to funds identified for transfer.
|
||||
|
||||
(B) For the planning, design, and construction, or the leasing, of space for a shared medical facility, amounts appropriated for the Defense Health Program.
|
||||
|
||||
(2) The authority to transfer funds under this section is in addition to any other authority to transfer funds available to the Secretary of Defense.
|
||||
|
||||
(3) Section 2215 of this title does not apply to a transfer of funds under this subsection.
|
||||
|
||||
(c) Transfer of Funds to Secretary of Defense.— (1) Any amount transferred to the Secretary of Defense by the Secretary of Veterans Affairs for necessary expenses for the planning, design, and construction, or the leasing, of a shared medical facility, if the amount of the share of the Department of Defense for the cost of such project does not exceed the amount specified in section 2805(a)(2) of this title, may be credited to accounts of the Department of Defense available for the construction of a shared medical facility.
|
||||
|
||||
(2) Any amount transferred to the Secretary of Defense by the Secretary of Veterans Affairs for the purpose of the planning and design, or the leasing, of space for a shared medical facility may be credited to accounts of the Department of Defense available for such purposes, and may be used for such purposes.
|
||||
|
||||
(3) Using accounts credited with transfers from the Secretary of Veterans Affairs under paragraph (1), the Secretary of Defense may carry out unspecified minor military construction projects, if the share of the Department of Defense for the cost of such project does not exceed the amount specified in section 2805(a)(2) of this title.
|
||||
|
||||
(d) Merger of Amounts Transferred.— Any amount transferred to the Secretary of Veterans Affairs under subsection (b) and any amount transferred to the Secretary of Defense under subsection (c) shall be merged with and available for the same purposes and the same period as the appropriation or fund to which transferred.
|
||||
|
||||
(e) Appropriation in Advance.— Amounts may be transferred pursuant to the authority under this section only to the extent and in the amounts provided in advance in appropriations Acts.
|
||||
|
||||
(f) Shared Medical Facility Defined.— In this section, the term “shared medical facility”—
|
||||
|
||||
(1) means a building or buildings, or a campus, intended to be used by both the Department of Veterans Affairs and the Department of Defense for the provision of health care services, whether under the jurisdiction of the Secretary of Veterans Affairs or the Secretary of Defense, and whether or not located on a military installation or on real property under the jurisdiction of the Secretary of Veterans Affairs; and
|
||||
|
||||
(2) includes any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, abutting and covered sidewalks, and accommodations for attending personnel.
|
||||
|
||||
(Added Pub. L. 117–81, div. A, title VII, § 714(a)(1), Dec. 27, 2021, 135 Stat. 1785; amended Pub. L. 117–168, title VII, § 706(a), Aug. 10, 2022, 136 Stat. 1800.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2022—Subsecs. (a), (b)(1)(B), (c)(1). Pub. L. 117–168, § 706(a)(1), inserted “, or the leasing,” after “design, and construction”. Subsec. (c)(2). Pub. L. 117–168, § 706(a)(2), inserted “, or the leasing,” after “design”.
|
||||
@@ -0,0 +1,61 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1105 - Specialized treatment facility program
|
||||
|
||||
## Text
|
||||
|
||||
(a) Program Authorized.— The Secretary of Defense may conduct a specialized treatment facility program pursuant to regulations prescribed by the Secretary of Defense. The Secretary shall consult with the other administering Secretaries in prescribing regulations for the program and in conducting the program.
|
||||
|
||||
(b) Facilities Authorized To Be Used.— Under the specialized treatment facility program, the Secretary may designate health care facilities of the uniformed services and civilian health care facilities as specialized treatment facilities.
|
||||
|
||||
(c) Waiver of Nonemergency Health Care Restriction.— Under the specialized treatment facility program, the Secretary may waive, with regard to the provision of a particular service, the 40-mile radius restriction set forth in section 1079(a)(6) of this title if the Secretary determines that the use of a different geographical area restriction will result in a more cost-effective provision of the service.
|
||||
|
||||
(d) Civilian Facility Service Area.— For purposes of the specialized treatment facility program, the service area of a civilian health care facility designated pursuant to subsection (b) shall be comparable in size to the service areas of facilities of the uniformed services.
|
||||
|
||||
(e) Issuance of Nonavailability of Health Care Statements.— A covered beneficiary who resides within the service area of a specialized treatment facility designated under the specialized treatment facility program may be required to obtain a nonavailability of health care statement in the case of a specialized service offered by the facility in order for the covered beneficiary to receive the service outside of the program.
|
||||
|
||||
(f) Payment of Costs Related to Care in Specialized Treatment Facilities.— (1) Subject to paragraph (2), in connection with the treatment of a covered beneficiary under the specialized treatment facility program, the Secretary may provide the following benefits:
|
||||
|
||||
(A) Full or partial reimbursement of a member of the uniformed services for the reasonable expenses incurred by the member in transporting a covered beneficiary to or from a health care facility of the uniformed services or a civilian health care facility at which specialized health care services are provided pursuant to this chapter.
|
||||
|
||||
(B) Full or partial reimbursement of a person (including a member of the uniformed services) for the reasonable expenses of transportation, temporary lodging, and meals (not to exceed a per diem rate determined in accordance with implementing regulations) incurred by such person in accompanying a covered beneficiary as a nonmedical attendant to a health care facility referred to in subparagraph (A).
|
||||
|
||||
(C) In-kind transportation, lodging, or meals instead of reimbursements under subparagraph (A) or (B) for transportation, lodging, or meals, respectively.
|
||||
|
||||
(2) The Secretary may make reimbursements for or provide transportation, lodging, and meals under paragraph (1) in the case of a covered beneficiary only if the total cost to the Department of Defense of doing so and of providing the health care in such case is less than the cost to the Department of providing the health care to the covered beneficiary by other means authorized under this chapter.
|
||||
|
||||
(g) Covered Beneficiary Defined.— In this section, the term “covered beneficiary” means a person covered under section 1079 or 1086 of this title.
|
||||
|
||||
(Added Pub. L. 102–190, div. A, title VII, § 715(a), Dec. 5, 1991, 105 Stat. 1403; amended Pub. L. 103–160, div. A, title VII, § 716(a)(1), Nov. 30, 1993, 107 Stat. 1691; Pub. L. 104–106, div. A, title VII, § 706, Feb. 10, 1996, 110 Stat. 373; Pub. L. 113–291, div. A, title VII, § 703(c)(3), Dec. 19, 2014, 128 Stat. 3412.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2014—Subsec. (c). Pub. L. 113–291 substituted “section 1079(a)(6)” for “section 1079(a)(7)”. 1996—Subsec. (h). Pub. L. 104–106 struck out subsec. (h) which read as follows: “Expiration of Program.—The Secretary may not carry out the specialized treatment facility program authorized by this section after September 30, 1995.” 1993—Pub. L. 103–160 substituted “Specialized treatment facility program” for “Issuance of nonavailability of health care statements” as section catchline and amended text generally. Prior to amendment, text read as follows: “In determining whether to issue a nonavailability of health care statement for any person entitled to health care in facilities of the uniformed services under this chapter, the commanding officer of such a facility may consider the availability of health care services for such person pursuant to any contract or agreement entered into under this chapter for the provision of health care services within the area served by that facility.”
|
||||
@@ -0,0 +1,55 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
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|
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||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1106 - Submittal of claims: standard form; time limits
|
||||
|
||||
## Text
|
||||
|
||||
(a) Standard Form.— The Secretary of Defense, after consultation with the other administering Secretaries, shall prescribe by regulation a standard form for the submission of claims for the payment of health care services provided under this chapter.
|
||||
|
||||
(b) Time for Submission.— A claim for payment for services provided under this chapter shall be submitted as provided in such regulations as follows:
|
||||
|
||||
(1) In the case of services provided outside the United States, the Commonwealth of Puerto Rico, or the possessions of the United States, by not later than three years after the services are provided.
|
||||
|
||||
(2) In the case of any other services, by not later than one year after the services are provided.
|
||||
|
||||
(Added Pub. L. 102–190, div. A, title VII, § 716(a)(1), Dec. 5, 1991, 105 Stat. 1403; amended Pub. L. 105–85, div. A, title VII, § 738(a), Nov. 18, 1997, 111 Stat. 1815; Pub. L. 112–81, div. A, title VII, § 712, Dec. 31, 2011, 125 Stat. 1476.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2011—Subsec. (b). Pub. L. 112–81 substituted “as follows:” for “not later than one year after the services are provided.” and added pars. (1) and (2). 1997—Pub. L. 105–85 substituted “: standard form; time limits” for “under CHAMPUS” in section catchline and amended text generally. Prior to amendment, text read as follows: “(a) Submittal to Claims Processing Office.—Each provider of services under the Civilian Health and Medical Program of the Uniformed Services shall submit claims for payment for such services directly to the claims processing office designated pursuant to regulations prescribed under subsection (b). A claim for payment for services shall be submitted in a standard form (as prescribed in the regulations) not later than one year after the services are provided. “(b) Regulations.—The regulations required by subsection (a) shall be prescribed by the Secretary of Defense after consultation with the other administering Secretaries. “(c) Waiver.—The Secretary of Defense may waive the requirements of subsection (a) if the Secretary determines that the waiver is necessary in order to ensure adequate access for covered beneficiaries to health care services under this chapter.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
RegulationsPub. L. 102–190, div. A, title VII, § 716(b), Dec. 5, 1991, 105 Stat. 1404, provided that: “The regulations required by section 1106 of title 10, United States Code (as added by subsection (a)), shall be prescribed to take effect not later than 180 days after the date of the enactment of this Act [Dec. 5, 1991].”
|
||||
|
||||
Establishment of Appeals Process for ClaimCheck DenialsPub. L. 105–261, div. A, title VII, § 714, Oct. 17, 1998, 112 Stat. 2060, provided that: “(a) Establishment of Appeals Process.—Not later than January 1, 1999, the Secretary of Defense shall establish an appeals process in cases of denials through the ClaimCheck computer software system (or any other claims processing system that may be used by the Secretary) of claims by civilian providers for payment for health care services provided under the TRICARE program. “(b) Report.—Not later than March 1, 1999, the Secretary shall submit to Congress a report on the implementation of this section.”
|
||||
|
||||
National Claims Processing System for CHAMPUSPub. L. 102–484, div. A, title VII, § 711, Oct. 23, 1992, 106 Stat. 2433, provided that: “(a) Claims Processing System Required.—(1) The Secretary of Defense, in consultation with the other administering Secretaries, shall provide by contract for the operation of a claims processing system to be known as the ‘National Claims Processing System for CHAMPUS’. The Secretary may procure the system in installments, including the use of incremental modules. The system, including completion and integration of all modules, shall be in full operation not later than seven years after the date of the enactment of this Act [Oct. 23, 1992]. “(2) The Secretary shall use competitive procedures for entering into any contract or contracts under paragraph (1). “(b) System Functions.—The claims processing system shall include at least the following functions:“(1) The maintenance in electronic or written form, or both, of appropriate information on health care services provided to covered beneficiaries by or through third parties under CHAMPUS or any alternative CHAMPUS program or demonstration project. Such information shall include—“(A) the services to which such beneficiaries are entitled or eligible under an insurance plan, medical service plan, or health plan under CHAMPUS; “(B) the insurers, medical services, or health plans that provide such services; and “(C) the services available to beneficiaries under each insurance plan, medical service plan, or health plan, and the payment required of the beneficiaries and the insurer, medical service, or health plan for such services under the plan. “(2) The ability to receive in electronic or written form claims submitted by insurers, medical services, and health plans for services provided to covered beneficiaries. “(3) The ability to process, adjudicate, and pay (by electronic or other means) such claims. “(4) The provision of the information described in paragraphs (1) and (2) and information on the matters referred to in paragraph (3) by telephone, electronic, or other means to covered beneficiaries, insurers, medical services, and health plans. “(c) Consistency with Medicare Claims Requirements.—The Secretary of Defense shall ensure, to the maximum extent practicable, that claims submitted to the claims processing system conform to the requirements applicable to claims submitted to the Secretary of Health and Human Services with respect to medical care provided under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.). “(d) Identification Card.—The Secretary of Defense shall take appropriate actions to determine whether the use by covered beneficiaries of a standard identification card containing electronically readable information will enhance the capability of the claims processing center to carry out the activities set forth in subsection (b). “(e) Transition to System.—After January 1, 1996, any modification or acquisition related to claims processing systems operations in the Office of the Civilian Health and Medical Program of the Uniformed Services shall contain provisions to transfer such operations to the claims processing system required by subsection (a). After January 1, 1999, any renewal or acquisition for fiscal intermediary services (including coordinated care implementations in military hospitals and clinics) shall contain provisions to transfer claims processing systems operations related to such fiscal intermediary services to the claims processing system required by subsection (a). “(f) Definitions.—For purposes of this section:“(1) The term ‘administering Secretaries’ has the meaning given that term in paragraph (3) of section 1072 of title 10, United States Code. “(2) The term ‘CHAMPUS’ means the Civilian Health and Medical Program of the Uniformed Services, as defined in paragraph (4) of such section. “(3) The term ‘covered beneficiary’ has the meaning given that term in paragraph (5) of such section.”
|
||||
File diff suppressed because one or more lines are too long
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|
||||
---
|
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|
||||
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|
||||
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|
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|
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|
||||
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|
||||
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|
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---
|
||||
|
||||
# 10 U.S.C. § 1107a - Emergency use products
|
||||
|
||||
## Text
|
||||
|
||||
(a) Waiver by the President.— (1) In the case of the administration of a product authorized for emergency use under section 564 of the Federal Food, Drug, and Cosmetic Act to members of the armed forces, the condition described in section 564(e)(1)(A)(ii)(III) of such Act and required under paragraph (1)(A) or (2)(A) of such section 564(e), designed to ensure that individuals are informed of an option to accept or refuse administration of a product, may be waived only by the President only if the President determines, in writing, that complying with such requirement is not in the interests of national security.
|
||||
|
||||
(2) The waiver authority provided in paragraph (1) shall not be construed to apply to any case other than a case in which an individual is required to be informed of an option to accept or refuse administration of a particular product by reason of a determination by the Secretary of Health and Human Services that emergency use of such product is authorized under section 564 of the Federal Food, Drug, and Cosmetic Act.
|
||||
|
||||
(b) Provision of Information.— If the President, under subsection (a), waives the condition described in section 564(e)(1)(A)(ii)(III) of the Federal Food, Drug, and Cosmetic Act, and if the Secretary of Defense, in consultation with the Secretary of Health and Human Services, makes a determination that it is not feasible based on time limitations for the information described in section 564(e)(1)(A)(ii)(I) or (II) of such Act and required under paragraph (1)(A) or (2)(A) of such section 564(e), to be provided to a member of the armed forces prior to the administration of the product, such information shall be provided to such member of the armed forces (or next-of-kin in the case of the death of a member) to whom the product was administered as soon as possible, but not later than 30 days, after such administration. The authority provided for in this subsection may not be delegated. Information concerning the administration of the product shall be recorded in the medical record of the member.
|
||||
|
||||
(c) Applicability of Other Provisions.— In the case of an authorization by the Secretary of Health and Human Services under section 564(a)(1) of the Federal Food, Drug, and Cosmetic Act based on a determination by the Secretary of Defense under section 564(b)(1)(B) of such Act, subsections (a) through (f) of section 1107 shall not apply to the use of a product that is the subject of such authorization, within the scope of such authorization and while such authorization is effective.
|
||||
|
||||
(Added Pub. L. 108–136, div. A, title XVI, § 1603(b)(1), Nov. 24, 2003, 117 Stat. 1689; amended Pub. L. 108–375, div. A, title VII, § 726(b), Oct. 28, 2004, 118 Stat. 1992; Pub. L. 109–364, div. A, title X, § 1071(a)(5), (g)(7), Oct. 17, 2006, 120 Stat. 2398, 2402; Pub. L. 115–91, div. A, title VII, § 716, Dec. 12, 2017, 131 Stat. 1438; Pub. L. 115–92, § 1(c), Dec. 12, 2017, 131 Stat. 2025.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 564 of the Federal Food, Drug, and Cosmetic Act, referred to in text, is classified to section 360bbb–3 of Title 21, Food and Drugs.
|
||||
|
||||
Amendments2017—Subsec. (d). Pub. L. 115–92 struck out subsec. (d) which related to additional authority to reduce deaths and severity of injuries caused by agents of war. Pub. L. 115–91 added subsec. (d). 2006—Subsec. (a). Pub. L. 109–364, § 1071(g)(7), made technical correction to directory language of Pub. L. 108–375, § 726(b)(1). See 2004 Amendment note below. Pub. L. 109–364, § 1071(a)(5), redesignated subpars. (A) and (B) as pars. (1) and (2), respectively, and, in par. (2), substituted “paragraph (1)” for “subparagraph (A)”. 2004—Subsec. (a). Pub. L. 108–375, § 726(b)(1), as amended by Pub. L. 109–364, § 1071(g)(7), inserted “(A)” after “President.—”. Subsec. (a)(A). Pub. L. 108–375, § 726(b)(2), struck out “is not feasible, is contrary to the best interests of the members affected, or” after “such requirement”. Subsec. (a)(B). Pub. L. 108–375, § 726(b)(3), added subpar. (B).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2017 AmendmentPub. L. 115–92, § 1(c), Dec. 12, 2017, 131 Stat. 2025, provided that the amendment made by section 1(c) is effective as of the enactment of the National Defense Authorization Act for Fiscal Year 2018 [Pub. L. 115–91].
|
||||
|
||||
Effective Date of 2006 AmendmentPub. L. 109–364, div. A, title X, § 1071(g), Oct. 17, 2006, 120 Stat. 2402, provided that the amendment made by section 1071(g)(7) is effective as of Oct. 28, 2004, and as if included in Pub. L. 108–375 as enacted.
|
||||
|
||||
Termination DatePub. L. 108–136, div. A, title XVI, § 1603(d), Nov. 24, 2003, 117 Stat. 1690, which provided that section 1603 of Pub. L. 108–136 (enacting this section and section 360bbb–3 of Title 21, Food and Drugs, and amending section 331 of Title 21) would not be in effect (and the law was to read as if that section had never been enacted) as of the date on which, following enactment of the Project Bioshield Act of 2003, the President submits to Congress a notification that the Project Bioshield Act of 2003 provides an effective emergency use authority with respect to members of the Armed Forces, was repealed by Pub. L. 108–276, § 4(b), July 21, 2004, 118 Stat. 859. [The Project Bioshield Act of 2003 was not enacted.]
|
||||
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|
||||
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---
|
||||
|
||||
# 10 U.S.C. § 1108 - Health care coverage through Federal Employees Health Benefits program: demonstration project
|
||||
|
||||
## Text
|
||||
|
||||
(a) FEHBP Option Demonstration.— The Secretary of Defense, after consulting with the other administering Secretaries, shall enter into an agreement with the Office of Personnel Management to conduct a demonstration project (in this section referred to as the “demonstration project”) under which eligible beneficiaries described in subsection (b) and residing within one of the areas covered by the demonstration project may enroll in health benefits plans offered through the Federal Employees Health Benefits program under chapter 89 of title 5. The number of eligible beneficiaries and family members of such beneficiaries under subsection (b)(2) who may be enrolled in health benefits plans during the enrollment period under subsection (d)(2) may not exceed 66,000.
|
||||
|
||||
(b) Eligible Beneficiaries; Coverage.— (1) An eligible beneficiary under this subsection is—
|
||||
|
||||
(A) a member or former member of the uniformed services described in section 1074(b) of this title who is entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.);
|
||||
|
||||
(B) an individual who is an unremarried former spouse of a member or former member described in section 1072(2)(F) or 1072(2)(G));
|
||||
|
||||
(C) an individual who is—
|
||||
|
||||
(i) a dependent of a deceased member or former member described in section 1076(b) or 1076(a)(2)(B) of this title or of a member who died while on active duty for a period of more than 30 days; and
|
||||
|
||||
(ii) a member of family as defined in section 8901(5) of title 5; or
|
||||
|
||||
(D) an individual who is—
|
||||
|
||||
(i) a dependent of a living member or former member described in section 1076(b)(1) of this title who is entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act, regardless of the member’s or former member’s eligibility for such hospital insurance benefits; and
|
||||
|
||||
(ii) a member of family as defined in section 8901(5) of title 5.
|
||||
|
||||
(2) Eligible beneficiaries may enroll in a Federal Employees Health Benefit plan under chapter 89 of title 5 under this section for self-only coverage or for self and family coverage which includes any dependent of the member or former member who is a family member for purposes of such chapter.
|
||||
|
||||
(3) A person eligible for coverage under this subsection shall not be required to satisfy any eligibility criteria specified in chapter 89 of title 5 (except as provided in paragraph (1)(C) or (1)(D)) as a condition for enrollment in health benefits plans offered through the Federal Employees Health Benefits program under the demonstration project.
|
||||
|
||||
(4) For purposes of determining whether an individual is a member of family under paragraph (5) of section 8901 of title 5 for purposes of paragraph (1)(C) or (1)(D), a member or former member described in section 1076(b) or 1076(a)(2)(B) of this title shall be deemed to be an employee under such section.
|
||||
|
||||
(5) An eligible beneficiary who is eligible to enroll in the Federal Employees Health Benefits program as an employee under chapter 89 of title 5 is not eligible to enroll in a Federal Employees Health Benefits plan under this section.
|
||||
|
||||
(c) Area of Demonstration Project.— The Secretary of Defense and the Director of the Office of Personnel Management shall jointly identify and select the geographic areas in which the demonstration project will be conducted. The Secretary and the Director shall establish at least six, but not more than ten, such demonstration areas. In establishing the areas, the Secretary and Director shall include—
|
||||
|
||||
(1) an area that includes the catchment area of one or more military medical treatment facilities;
|
||||
|
||||
(2) an area that is not located in the catchment area of a military medical treatment facility;
|
||||
|
||||
(3) an area in which there is a Medicare Subvention Demonstration project area under section 1896 11 See References in Text note below. of title XVIII of the Social Security Act (42 U.S.C. 1395ggg); and
|
||||
|
||||
(4) not more than one area for each TRICARE region.
|
||||
|
||||
(d) Duration of Demonstration Project.— (1) The Secretary of Defense shall conduct the demonstration project during three contract years under the Federal Employees Health Benefits program.
|
||||
|
||||
(2) Eligible beneficiaries shall, as provided under the agreement pursuant to subsection (a), be permitted to enroll in the demonstration project during an open enrollment period for the year 2000 (conducted in the fall of 1999). The demonstration project shall terminate on December 31, 2002.
|
||||
|
||||
(e) Prohibition Against Use of MTFs and Enrollment Under TRICARE.— Covered beneficiaries under this chapter who are provided coverage under the demonstration project shall not be eligible to receive care at a military medical treatment facility or to enroll in a health care plan under the TRICARE program.
|
||||
|
||||
(f) Term of Enrollment in Project.— (1) Subject to paragraphs (2) and (3), the period of enrollment of an eligible beneficiary who enrolls in the demonstration project during the open enrollment period for the year 2000 shall be three years unless the beneficiary disenrolls before the termination of the project.
|
||||
|
||||
(2) A beneficiary who elects to enroll in the project, and who subsequently discontinues enrollment in the project before the end of the period described in paragraph (1), shall not be eligible to reenroll in the project.
|
||||
|
||||
(3) An eligible beneficiary enrolled in a Federal Employees Health Benefits plan under this section may change health benefits plans and coverage in the same manner as any other Federal Employees Health Benefits program beneficiary may change such plans.
|
||||
|
||||
(g) Effect of Cancellation.— The cancellation by an eligible beneficiary of coverage under the Federal Employee Health Benefits program shall be irrevocable during the term of the demonstration project.
|
||||
|
||||
(h) Separate Risk Pools; Charges.— (1) The Director of the Office of Personnel Management shall require health benefits plans under chapter 89 of title 5 that participate in the demonstration project to maintain a separate risk pool for purposes of establishing premium rates for eligible beneficiaries who enroll in such a plan in accordance with this section.
|
||||
|
||||
(2) The Director shall determine total subscription charges for self only or for family coverage for eligible beneficiaries who enroll in a health benefits plan under chapter 89 of title 5 in accordance with this section. The subscription charges shall include premium charges paid to the plan and amounts described in section 8906(c) of title 5 for administrative expenses and contingency reserves.
|
||||
|
||||
(i) Government Contributions.— The Secretary of Defense shall be responsible for the Government contribution for an eligible beneficiary who enrolls in a health benefits plan under chapter 89 of title 5 in accordance with this section, except that the amount of the contribution may not exceed the amount of the Government contribution which would be payable if the electing beneficiary were an employee (as defined for purposes of such chapter) enrolled in the same health benefits plan and level of benefits.
|
||||
|
||||
(j) Application of Medigap Protections to Demonstration Project Enrollees.— (1) Subject to paragraph (2), the provisions of section 1882(s)(3) (other than clauses (i) through (iv) of subparagraph (B)) and 1882(s)(4) of the Social Security Act shall apply to enrollment (and termination of enrollment) in the demonstration project under this section, in the same manner as they apply to enrollment (and termination of enrollment) with a Medicare+Choice 22 See Change of Name note below. organization in a Medicare+Choice 2 plan.
|
||||
|
||||
(2) In applying paragraph (1)—
|
||||
|
||||
(A) any reference in clause (v) or (vi) of section 1882(s)(3)(B) of such Act to 12 months is deemed a reference to 36 months; and
|
||||
|
||||
(B) the notification required under section 1882(s)(3)(D) of such Act shall be provided in a manner specified by the Secretary of Defense in consultation with the Director of the Office of Personnel Management.
|
||||
|
||||
(Added Pub. L. 105–261, div. A, title VII, § 721(a)(1), Oct. 17, 1998, 112 Stat. 2061; amended Pub. L. 108–375, div. A, title X, § 1084(d)(8), Oct. 28, 2004, 118 Stat. 2061; Pub. L. 112–239, div. A, title X, § 1076(g)(1), Jan. 2, 2013, 126 Stat. 1955.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Social Security Act, referred to in subsecs. (b)(1)(A), (D)(i), and (j)(1), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part A of title XVIII of the Act is classified generally to Part A (§ 1395c et seq.) of subchapter XVIII of chapter 7 of Title 42, The Public Health and Welfare. Section 1882 of the Act is classified to section 1395ss of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. Section 1896 of the Social Security Act, referred to in subsec. (c)(3), was classified to section 1395ggg of Title 42, The Public Health and Welfare, and was omitted from the Code.
|
||||
|
||||
Amendments2013—Subsecs. (j) to (l). Pub. L. 112–239 redesignated subsec. (l) as (j) and struck out former subsecs. (j) and (k) which required reports regarding the demonstration project by the Secretary of Defense and the Director of the Office of Personnel Management and by the Comptroller General. 2004—Subsec. (e). Pub. L. 108–375 substituted “health” for “heath”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Change of Name References to Medicare+Choice deemed to refer to Medicare Advantage or MA, subject to an appropriate transition provided by the Secretary of Health and Human Services in the use of those terms, see section 201(b) of Pub. L. 108–173, set out as a note under section 1395w–21 of Title 42, The Public Health and Welfare.
|
||||
|
||||
Comprehensive Evaluation of Implementation of Demonstration Projects and TRICARE Pharmacy RedesignPub. L. 105–261, div. A, title VII, § 724, Oct. 17, 1998, 112 Stat. 2069, as amended by Pub. L. 106–65, div. A, title X, § 1067(3), Oct. 5, 1999, 113 Stat. 774, required the Comptroller General, not later than Mar. 31, 2003, to submit to committees of Congress a report containing a comprehensive comparative analysis of the FEHBP demonstration project conducted under this section, the TRICARE Senior Supplement under Pub. L. 105–261, § 722, formerly set out as a note under section 1073 of this title, and the redesign of the TRICARE pharmacy system under section Pub. L. 105–261, § 723, set out as a note under section 1073 of this title.
|
||||
@@ -0,0 +1,69 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1109"
|
||||
description: "Organ and tissue donor program"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
citation: "10 U.S.C. § 1109"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1109 - Organ and tissue donor program
|
||||
|
||||
## Text
|
||||
|
||||
(a) Responsibilities of the Secretary of Defense.— The Secretary of Defense shall ensure that the advanced systems developed for recording armed forces members’ personal data and information (such as the SMARTCARD, MEDITAG, and Personal Information Carrier) include the capability to record organ and tissue donation elections.
|
||||
|
||||
(b) Responsibilities of the Secretaries of the Military Departments.— The Secretaries of the military departments shall ensure that—
|
||||
|
||||
(1) appropriate information about organ and tissue donation is provided—
|
||||
|
||||
(A) to each officer candidate during initial training; and
|
||||
|
||||
(B) to each recruit—
|
||||
|
||||
(i) after completion by the recruit of basic training; and
|
||||
|
||||
(ii) before arrival of the recruit at the first duty assignment of the recruit;
|
||||
|
||||
(2) members of the armed forces are given recurring, specific opportunities to elect to be organ or tissue donors during service in the armed forces and upon retirement; and
|
||||
|
||||
(3) members of the armed forces electing to be organ or tissue donors are encouraged to advise their next of kin concerning the donation decision and any subsequent change of that decision.
|
||||
|
||||
(c) Responsibilities of the Surgeons General of the Military Departments.— The Surgeons General of the military departments shall ensure that—
|
||||
|
||||
(1) appropriate training is provided to enlisted and officer medical personnel to facilitate the effective operation of organ and tissue donation activities under garrison conditions and, to the extent possible, under operational conditions; and
|
||||
|
||||
(2) medical logistical activities can, to the extent possible without jeopardizing operational requirements, support an effective organ and tissue donation program.
|
||||
|
||||
(Added Pub. L. 105–261, div. A, title VII, § 741(b)(1), Oct. 17, 1998, 112 Stat. 2073; amended Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(8)], Oct. 30, 2000, 114 Stat. 1654, 1654A–290.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2000—Subsec. (b). Pub. L. 106–398 struck out “(1)” before “The Secretaries” in introductory provisions.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
FindingsPub. L. 105–261, div. A, title VII, § 741(a), Oct. 17, 1998, 112 Stat. 2073, provided that: “Congress makes the following findings: “(1) Organ and tissue transplantation is one of the most remarkable medical success stories in the history of medicine. “(2) Each year, the number of people waiting for organ or tissue transplantation increases. It is estimated that there are approximately 39,000 patients, ranging in age from babies to those in retirement, awaiting transplants of kidneys, hearts, livers, and other solid organs. “(3) The Department of Defense has made significant progress in increasing the awareness of the importance of organ and tissue donations among members of the Armed Forces. “(4) The inclusion of organ and tissue donor elections in the Defense Enrollment Eligibility Reporting System (DEERS) central database represents a major step in ensuring that organ and tissue donor elections are a matter of record and are accessible in a timely manner.”
|
||||
|
||||
Report on ImplementationPub. L. 105–261, div. A, title VII, § 741(c), Oct. 17, 1998, 112 Stat. 2074, as amended by Pub. L. 106–65, div. A, title X, § 1067(3), Oct. 5, 1999, 113 Stat. 774, directed the Secretary of Defense to submit to committees of Congress a report on the implementation of this section not later than Sept. 1, 1999.
|
||||
@@ -0,0 +1,85 @@
|
||||
---
|
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1110 - System for tracking and recording vaccine information; anthrax vaccine immunization program
|
||||
|
||||
## Text
|
||||
|
||||
(a) Overall System to Track and Record Vaccine Information.— (1) The Secretary of Defense, in consultation with the Director of the Defense Health Agency and in coordination with the Secretaries of the military departments, shall establish a system to track and record the following information:
|
||||
|
||||
(A) Each vaccine administered by a health care provider of the Department of Defense to a member of an armed force under the jurisdiction of the Secretary of a military department.
|
||||
|
||||
(B) Any adverse reaction of the member related to such vaccine.
|
||||
|
||||
(C) Each refusal by such a member of any vaccine that is being so administered, including vaccines licensed by the Food and Drug Administration under section 351 of the Public Health Service Act (42 U.S.C. 262) and vaccines otherwise approved or authorized.
|
||||
|
||||
(D) Each refusal by such a member of a vaccine on the basis that the vaccine is being administered by a health care provider of the Department pursuant to an emergency use authorization granted by the Commissioner of Food and Drugs under section 564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb–3).
|
||||
|
||||
(E) Each refusal by such a member of an investigational new drug or a drug unapproved for its applied use that is being administered pursuant to a request or requirement of the Secretary of Defense and with respect to which the President has granted a waiver of the prior consent requirement pursuant to section 1107(f)(1) of this title.
|
||||
|
||||
(2) In carrying out paragraph (1), the Secretary of Defense shall ensure that—
|
||||
|
||||
(A) any electronic health record maintained by the Secretary for a member of an armed force under the jurisdiction of the Secretary of a military department is updated with the information specified in such paragraph with respect to the member;
|
||||
|
||||
(B) any collection, storage, or use of such information is conducted through means involving such cyber protections as the Secretary determines necessary to safeguard the personal information of the member; and
|
||||
|
||||
(C) the system established under such paragraph is interoperable and compatible with the electronic health record system known as “MHS GENESIS”, or such successor system.
|
||||
|
||||
(b) Procedures for Medical and Administrative Exemptions From Anthrax Vaccine Immunization Program.— (1) The Secretary shall establish uniform procedures under which members of the armed forces may be exempted from participating in the anthrax vaccine immunization program for either administrative or medical reasons.
|
||||
|
||||
(2) The Secretaries of the military departments shall provide for notification of all members of the armed forces of the procedures established pursuant to paragraph (1).
|
||||
|
||||
(c) System for Monitoring Adverse Reactions to Anthrax Vaccine.— (1) The Secretary shall establish a system for monitoring adverse reactions of members of the armed forces to the anthrax vaccine. That system shall include the following:
|
||||
|
||||
(A) Independent review of Vaccine Adverse Event Reporting System reports.
|
||||
|
||||
(B) Periodic surveys of personnel to whom the vaccine is administered.
|
||||
|
||||
(C) A continuing longitudinal study of a pre-identified group of members of the armed forces (including men and women and members from all services).
|
||||
|
||||
(D) Active surveillance of a sample of members to whom the anthrax vaccine has been administered that is sufficient to identify, at the earliest opportunity, any patterns of adverse reactions, the discovery of which might be delayed by reliance solely on the Vaccine Adverse Event Reporting System.
|
||||
|
||||
(2) The Secretary may extend or expand any ongoing or planned study or analysis of trends in adverse reactions of members of the armed forces to the anthrax vaccine in order to meet any of the requirements in paragraph (1).
|
||||
|
||||
(3) The Secretary shall establish guidelines under which members of the armed forces who are determined by an independent expert panel to be experiencing unexplained adverse reactions may obtain access to a Department of Defense Center of Excellence treatment facility for expedited treatment and follow up.
|
||||
|
||||
(Added Pub. L. 106–398, § 1 [[div. A], title VII, § 751(b)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–193; amended Pub. L. 117–81, div. A, title VII, § 716(a), (b), Dec. 27, 2021, 135 Stat. 1788.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2021—Pub. L. 117–81, § 716(b)(1), substituted “System for tracking and recording vaccine information; anthrax vaccine immunization program” for “Anthrax vaccine immunization program; procedures for exemptions and monitoring reactions” in section catchline. Subsec. (a). Pub. L. 117–81, § 716(a)(2), added subsec. (a). Former subsec. (a) redesignated (b). Subsec. (b). Pub. L. 117–81, § 716(a)(1), (b)(2), redesignated subsec. (a) as (b), inserted “From Anthrax Vaccine Immunization Program” after “Exemptions” in heading, and substituted “Secretary” for “Secretary of Defense” in par. (1). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 117–81, § 716(a)(1), (b)(3), redesignated subsec. (b) as (c) and inserted “to Anthrax Vaccine” after “Reactions” in heading.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Deadline for Establishment of SystemPub. L. 117–81, div. A, title VII, § 716(d), Dec. 27, 2021, 135 Stat. 1789, provided that: “The Secretary of Defense shall establish the system under section 1110 of title 10, United States Code, as added by subsection (a), by not later than January 1, 2023.”
|
||||
|
||||
Department of Defense Standards for Exemptions From Mandatory COVID–19 VaccinesPub. L. 117–81, div. A, title VII, § 720, Dec. 27, 2021, 135 Stat. 1791, provided that: “(a) Standards.—The Secretary of Defense shall establish uniform standards under which covered members may be exempted from receiving an otherwise mandated COVID–19 vaccine for administrative, medical, or religious reasons. “(b) Definitions.—In this section:“(1) The term ‘covered member’ means a member of an Armed Force under the jurisdiction of the Secretary of a military department. “(2) The term ‘COVID–19 vaccine’ means any vaccine for the coronavirus disease 2019 (COVID–19), including any subsequent booster shot for COVID–19.”
|
||||
|
||||
Deadlines for Establishment and ImplementationPub. L. 106–398, § 1 [[div. A], title VII, § 751(e)], Oct. 30, 2000, 114 Stat. 1654, 1654A–195, provided that: “The Secretary of Defense shall— “(1) not later than April 1, 2001, establish the uniform procedures for exemption from participation in the anthrax vaccine immunization program of the Department of Defense required under subsection (a) [now (b)] of section 1110 of title 10, United States Code (as added by subsection (b)); “(2) not later than July 1, 2001, establish the system for monitoring adverse reactions of members of the Armed Forces to the anthrax vaccine required under subsection (b)(1) [now (c)(1)] of such section; “(3) not later than April 1, 2001, establish the guidelines under which members of the Armed Forces may obtain access to a Department of Defense Center of Excellence treatment facility for expedited treatment and follow up required under subsection (b)(3) [now (c)(3)] of such section; and “(4) not later than July 1, 2001, prescribe the regulations regarding emergency essential employees of the Department of Defense required under subsection (a) of section 1580a of such title (as added by subsection (c)).”
|
||||
@@ -0,0 +1,59 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1110a - Notification of certain individuals regarding options for enrollment under Medicare part B
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— (1) As soon as practicable, the Secretary of Defense shall notify each individual described in subsection (b)—
|
||||
|
||||
(A) that the individual is no longer eligible for health care benefits under the TRICARE program under this chapter; and
|
||||
|
||||
(B) of options available for enrollment of the individual in the supplementary medical insurance program under part B of title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.).
|
||||
|
||||
(2) In carrying out this subsection, the Secretary of Defense shall—
|
||||
|
||||
(A) establish procedures for identifying individuals described in subsection (b); and
|
||||
|
||||
(B) consult with the Secretary of Health and Human Services to accurately identify and notify such individuals.
|
||||
|
||||
(b) Individuals Described.— An individual described in this subsection is an individual who is—
|
||||
|
||||
(1) a covered beneficiary;
|
||||
|
||||
(2) entitled to benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c) under section 226(b) or section 226A of such Act (42 U.S.C. 426(b) and 426–1); and
|
||||
|
||||
(3) eligible to enroll in the supplementary medical insurance program under part B of such title (42 U.S.C. 1395j et seq.).
|
||||
|
||||
(Added Pub. L. 111–84, div. A, title VII, § 707(a), Oct. 28, 2009, 123 Stat. 2376.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Social Security Act, referred to in subsecs. (a)(1)(B) and (b)(2), (3), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Parts A and B of title XVIII of the Act are classified generally to parts A (§ 1395c et seq.) and B (§ 1395j et seq.), respectively, of subchapter XVIII of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
|
||||
@@ -0,0 +1,69 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
section: "1110b"
|
||||
citation: "10 U.S.C. § 1110b"
|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1110b - TRICARE program: extension of dependent coverage
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— In accordance with subsection (c), an individual described in subsection (b) shall be deemed to be a dependent (as described in section 1072(2)(D) of this title) for purposes of coverage under the TRICARE program.
|
||||
|
||||
(b) Individual Described.— An individual described in this subsection is an individual who—
|
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(1) would be a dependent under section 1072(2) of this title but for exceeding an age limit under such section;
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(2) has not attained the age of 26;
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(3) is not eligible to enroll in an eligible employer-sponsored plan (as defined in section 5000A(f)(2) of the Internal Revenue Code of 1986);
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(4) is not otherwise a dependent of a member or a former member under any subparagraph of section 1072(2) of this title; and
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(5) meets other criteria specified in regulations prescribed by the Secretary, similar to regulations prescribed by the Secretary of Health and Human Services under section 2714(b) of the Public Health Service Act.
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(c) Premium.— (1) The Secretary shall prescribe by regulation a premium (or premiums) for coverage under the TRICARE program provided pursuant to this section to an individual described in subsection (b). Such premium shall apply instead of any enrollment fees required under section 1075 or 1075a of this title, as appropriate.
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(2) The monthly amount of the premium in effect for a month for coverage under the TRICARE program pursuant to this section shall be the amount equal to the cost of such coverage that the Secretary determines on an appropriate actuarial basis.
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(3) The Secretary shall prescribe the requirements and procedures applicable to the payment of premiums under this subsection.
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(4) Amounts collected as premiums under this subsection shall be credited to the appropriation available for the Defense Health Program Account under section 1100 of this title, shall be merged with sums in such Account that are available for the fiscal year in which collected, and shall be available under subsection (b) of such section for such fiscal year.
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(Added Pub. L. 111–383, div. A, title VII, § 702(a)(1), Jan. 7, 2011, 124 Stat. 4244; Pub. L. 114–328, div. A, title VII, § 701(j)(1)(F), Dec. 23, 2016, 130 Stat. 2192; Pub. L. 115–91, div. A, title VII, § 739(f), Dec. 12, 2017, 131 Stat. 1447.)
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## Notes
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Editorial Notes
|
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References in TextSection 5000A of the Internal Revenue Code of 1986, referred to in subsec. (b)(3), is classified to section 5000A of Title 26, Internal Revenue Code. Section 2714 of the Public Health Service Act, referred to in subsec. (b)(5), is classified to section 300gg–14 of Title 42, The Public Health and Welfare.
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Amendments2017—Subsec. (c)(1). Pub. L. 115–91 substituted “section 1075 or 1075a of this title, as appropriate” for “section 1075 of this section”. 2016—Subsec. (c)(1). Pub. L. 114–328 inserted at end “Such premium shall apply instead of any enrollment fees required under section 1075 of this section.”
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|
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Statutory Notes and Related Subsidiaries
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Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 applicable with respect to the provision of health care under the TRICARE program beginning on Jan. 1, 2018, see section 701(k) of Pub. L. 114–328, set out as a note under section 1072 of this title.
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Effective Date and RegulationsPub. L. 111–383, div. A, title VII, § 702(b), Jan. 7, 2011, 124 Stat. 4245, provided that: “The amendments made by this section [enacting this section] shall take effect on January 1, 2011. The Secretary of Defense shall prescribe an interim final rule with respect to such amendments, effective not later than January 1, 2011.”
|
||||
Reference in New Issue
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