Historical and Revision Notes | ||
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Revised section | Source (U.S. Code) | Source (Statutes at Large) |
1079(a)
1079(b) | 37:402(a)(2) (as applicable to 37:411(a)). 37:411(a). 37:411(b). 37:414. | June 7, 1956, ch. 374, §§ 102(a)(2) (as applicable to § 201(a)), 201(a), (b), 204, 70 Stat. 250, 252, 253. |
In subsection (a), the words “appointed, enlisted, inducted or called, ordered or conscripted in a uniformed service”, in 37:402(a)(2) are omitted as surplusage, since it does not matter how a member became a member. The words “active duty for a period of more than 30 days” are substituted for the words “active duty or active duty for training pursuant to a call or order that does not specify a period of thirty days or less”, in 37:402(a)(2), to reflect section 101(22) and (23) of this title. The words “, under the authority of this section,” are substituted for the words “pursuant to the provisions of this title” to make clear that the section provides independent procurement authority. The words “all”, “by the hospital”, and “a period of”, in 37:411(a), are omitted as surplusage.
In subsection (a)(1), the word “rooms”, in 37:411(a), is substituted for the word “accommodations”.
In subsection (a)(5), the word “services” is substituted for the word “procedures” and the word “performed” is substituted for the word “accomplished”, in 37: 411(a). The words “or surgeon” are inserted for clarity.
In subsection (b), the word “variances” is substituted for the words “limitations, additions, exclusions”. The words “or care other than that provided for in sections 1076–1078 of this title” are substituted for 37:414. The words “definitions, and related provisions”, in 37:411(b), are omitted as surplusage, since the Secretary of an executive department has inherent authority to interpret laws and issue regulations.
The Social Security Act, referred to in subsecs. (h)(1), (4)(A), (B)(i), (i)(1), (2), (n)(2), and (r)(2)(A), is act Aug. 13, 1935, ch. 531, 49 Stat. 620. Part B of title XI of the Act is classified generally to part B (§ 1320c et seq.) of subchapter XI of chapter 7 of Title 42, The Public Health and Welfare. Titles XVIII and XIX of the Act are classified generally to subchapters XVIII (§ 1395 et seq.) and XIX (§ 1396 et seq.), respectively, of chapter 7 of Title 42. 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. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Provisions similar to those in subsec. (a)(7) to (14) of this section were contained in the following appropriation acts, with the exception of the provisions similar to par. (14) which first appeared in Pub. L. 96–154:
Pub. L. 98–473, title I, § 101(h) [title VIII, §§ 8031, 8032, 8045],
Pub. L. 98–212, title VII, §§ 737, 738, 752,
Pub. L. 97–377, title I, § 101(c) [title VII, §§ 740, 741, 756],
Pub. L. 97–114, title VII, §§ 741, 742, 759,
Pub. L. 96–527, title VII, §§ 742, 743, 763,
Pub. L. 96–154, title VII, §§ 744, 745, 769,
Pub. L. 95–457, title VIII, §§ 844, 845,
Pub. L. 95–111, title VIII, §§ 843, 844,
Pub. L. 94–419, title VII, §§ 742, 743,
Pub. L. 94–212, title VII, §§ 750, 751,
Provisions similar to those added to subsec. (h)(2) of this section by section 1401(e)(4)(B) of Pub. L. 98–525 were contained in the following prior appropriation acts:
Pub. L. 98–473, title I, § 101(h) [title VIII, § 8077],
Pub. L. 98–212, title VII, § 785,
A prior section 1079, act Aug. 10, 1956, ch. 1041, 70A Stat. 84, related to establishment of right to vote, prior to repeal by Pub. L. 85–861, § 36B(5),
2021—Subsec. (a)(12). Pub. L. 116–283, § 703, substituted “certified clinical social worker, or other class of provider as designated by the Secretary of Defense,” for “or certified clinical social worker,”.
Subsec. (a)(18). Pub. L. 117–81, § 701(a)(1), which directed adding par. (18) at the end of subsec. (a), effective after the addition of par. (19), was executed by adding it before par. (19) to reflect the probable intent of Congress.
Subsec. (a)(19). Pub. L. 117–81, § 702, added par. (19).
Subsec. (e). Pub. L. 116–283, § 704(a), amended subsec. (e) generally. Prior to amendment, subsec. (e) related to extended benefits for eligible dependents.
Subsec. (f)(2), (4). Pub. L. 116–283, § 704(b), substituted “subparagraph (C), (E), (F), or (G) of subsection (e)(1)” for “paragraph (3) or (4) of subsection (e)”.
Subsec. (q). Pub. L. 116–283, § 1081(a)(25), substituted “section 1074g(i)” for “section 1074g(h)”.
Subsec. (r). Pub. L. 117–81, § 701(a)(2), added subsec. (r).
2018—Subsec. (q). Pub. L. 115–232 substituted “section 1074g(h)” for “section 1074g(g)”.
2017—Subsec. (a)(15). Pub. L. 115–91, § 704, inserted “, except that hospice care may be provided to an individual under the age of 21 concurrently with health care services or hospitalization for the same condition” before period at end.
Subsec. (b). Pub. L. 115–91, § 739(d)(1), substituted “calendar year” for “fiscal year” wherever appearing.
Subsec. (q). Pub. L. 115–91, § 702(b)(2), added subsec. (q).
2016—Subsec. (g)(1). Pub. L. 114–328, § 618(b), inserted “or 351” after “section 310”.
Subsec. (h)(4)(C)(ii). Pub. L. 114–328, § 748(b), struck out “in support of a contingency operation under a provision of law referred to in section 101(a)(13)(B) of this title” after “30 days”.
2014—Subsec. (a)(6) to (16). Pub. L. 113–291, § 703(a)(1), redesignated pars. (7) to (17) as (6) to (16), respectively, and struck out former par. (6) which read as follows: “Inpatient mental health services may not (except as provided in subsection (i)) be provided to a patient in excess of—
“(A) 30 days in any year, in the case of a patient 19 years of age or older;
“(B) 45 days in any year, in the case of a patient under 19 years of age; or
“(C) 150 days in any year, in the case of inpatient mental health services provided as residential treatment care.”
Subsec. (a)(17). Pub. L. 113–291, § 706, added par. (17). Former par. (17) redesignated (16).
Subsec. (e)(7). Pub. L. 113–291, § 703(c)(1), substituted “subsection (a)(12)” for “subsection (a)(13)”.
Subsecs. (i) to (q). Pub. L. 113–291, § 703(a)(2), (3), redesignated subsecs. (j) to (q) as (i) to (p), respectively, and struck out former subsec. (i) which related to limitation in former subsec. (a)(6) of this section as being inapplicable to inpatient mental health services in certain instances.
2009—Subsec. (f)(2)(B). Pub. L. 111–84 struck out period after “year”.
2008—Subsec. (f)(2). Pub. L. 110–417 substituted “year shall not exceed $36,000, prorated as determined by the Secretary of Defense,” for “month shall not exceed $2,500,” in subpar. (A) and “year.” for “month” in subpar. (B).
2006—Subsec. (a)(1). Pub. L. 109–364, § 702, amended par. (1) generally. Prior to amendment, par. (1) read as follows: “With respect to dental care, only that care required as a necessary adjunct to medical or surgical treatment may be provided.”
Subsec. (a)(2). Pub. L. 109–364, § 703(b)(1), substituted “the schedule and method of cervical cancer screenings and breast cancer screenings” for “the schedule of pap smears and mammograms” in introductory provisions.
Subsec. (a)(2)(B). Pub. L. 109–364, § 703(b)(2), substituted “cervical and breast cancer screenings” for “pap smears and mammograms”.
Subsec. (a)(17). Pub. L. 109–364, § 701, added par. (17).
Subsec. (g). Pub. L. 109–163, § 715(a), designated existing provisions as par. (1), struck out last sentence which read “In addition, when a member dies while on active duty for a period of more than 30 days, the member’s dependents who are receiving benefits under a plan covered by subsection (a) shall continue to be eligible for such benefits during the three-year period beginning on the date of the death of the member.”, and added pars. (2) to (5).
Subsec. (p)(4), (5). Pub. L. 109–163, § 714, added par. (4) and redesignated former par. (4) as (5).
2004—Subsec. (h)(4)(C). Pub. L. 108–375 added subpar. (C).
2002—Subsec. (i)(3). Pub. L. 107–314, § 701(a), designated existing provisions as subpar. (A), substituted “Except as provided in subparagraph (B),” for “Except in the case of an emergency,”, and added subpars. (B) and (C).
Subsec. (p)(1). Pub. L. 107–314, § 702(1), substituted “dependents described in paragraph (3)” for “dependents referred to in subsection (a) of a member of the uniformed services referred to in section 1074(c)(3) of this title who are residing with the member”.
Subsec. (p)(3), (4). Pub. L. 107–314, § 702(2), (3), added par. (3) and redesignated former par. (3) as (4).
Subsec. (q). Pub. L. 107–314, § 705(a), added subsec. (q).
2001—Subsec. (a)(5). Pub. L. 107–107, § 703(b), amended par. (5) generally. Prior to amendment, par. (5) read as follows: “Durable equipment, such as wheelchairs, iron lungs and hospital beds may be provided on a rental basis.”
Subsec. (a)(17). Pub. L. 107–107, § 701(g)(2), struck out par. (17) which read as follows:
“(17)(A) The Secretary of Defense may establish a program for the individual case management of a person covered by this section or section 1086 of this title who has extraordinary medical or psychological disorders and, under such a program, may waive benefit limitations contained in paragraphs (5) and (13) of this subsection or section 1077(b)(1) of this title and authorize the payment for comprehensive home health care services, supplies, and equipment if the Secretary determines that such a waiver is cost-effective and appropriate.
“(B) The total amount expended under subparagraph (A) for a fiscal year may not exceed $100,000,000.”
Subsec. (d) to (f). Pub. L. 107–107, § 701(b), added subsecs. (d) to (f) and struck out former subsecs. (d) to (f) which related to medical care provided for retarded or handicapped dependents, the requirement of members sharing in cost of benefits provided, and the requirement that members use public facilities to the extent available and adequate, respectively.
Subsec. (h)(2). Pub. L. 107–107, § 1048(c)(5), substituted “
Subsec. (h)(4). Pub. L. 107–107, § 707(b), designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (j)(2) to (4). Pub. L. 107–107, § 707(a), designated existing provisions of subpar. (A) of par. (2) as par. (2) and substituted “shall be determined under joint regulations” for “may be determined under joint regulations”, redesignated subpar. (B) of par. (2) as par. (4) and substituted therein “this subsection,” for “subparagraph (A),”, and added par. (3).
2000—Subsec. (a)(17). Pub. L. 106–398, § 1 [[div. A], title VII, § 701(c)(1)], designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (g). Pub. L. 106–398, § 1 [[div. A], title VII, § 704(b)], substituted “three-year period” for “one-year period”.
Subsec. (h)(5). Pub. L. 106–398, § 1 [[div. A], title VII, § 757(a)], added par. (5).
Subsec. (p). Pub. L. 106–398, § 1 [[div. A], title VII, § 722(b)(1)], added subsec. (p).
1997—Subsec. (h)(1). Pub. L. 105–85, § 735(a), added par. (1) and struck out former par. (1) which read as follows: “Payment for a charge for services by an individual health care professional (or other noninstitutional health care provider) for which a claim is submitted under a plan contracted for under subsection (a) may not exceed the lesser of—
“(A) the amount equivalent to the 80th percentile of billed charges made for similar services in the same locality during the base period; or
“(B) an amount determined to be appropriate, to the extent practicable, in accordance with the same reimbursement rules as apply to payments for similar services under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).”
Subsec. (h)(2). Pub. L. 105–85, § 735(c)(2), redesignated par. (4) as (2).
Pub. L. 105–85, § 735(a), struck out par. (2) which read as follows: “For the purposes of paragraph (1)(A), the 80th percentile of charges shall be determined by the Secretary of Defense, in consultation with the other administering Secretaries, and the base period shall be a period of twelve calendar months. The Secretary of Defense shall adjust the base period as frequently as he considers appropriate.”
Subsec. (h)(3). Pub. L. 105–85, § 735(c)(2), redesignated par. (5) as (3).
Pub. L. 105–85, § 735(a), struck out par. (3) which read as follows: “For the purposes of paragraph (1)(B), the appropriate payment amount shall be determined by the Secretary of Defense, in consultation with the other administering Secretaries.”
Subsec. (h)(4). Pub. L. 105–85, § 735(c)(2), redesignated par. (4) as (2).
Subsec. (h)(5). Pub. L. 105–85, § 735(c)(2), redesignated par. (5) as (3).
Pub. L. 105–85, § 735(b), (c)(1), substituted “paragraph (2), the Secretary of Defense” for “paragraph (4), the Secretary” and inserted at end “With the consent of the health care provider, the Secretary is also authorized to reduce the authorized payment for certain health care services below the amount otherwise required by the payment limitations under paragraph (1).”
Subsec. (h)(6). Pub. L. 105–85, § 735(c)(2), redesignated par. (6) as (4).
1996—Subsec. (a). Pub. L. 104–201, § 731(b)(1), substituted “except as follows:” for “except that—” in introductory provisions.
Subsec. (a)(1). Pub. L. 104–201, § 731(b)(2), (3), capitalized first letter of first word and substituted a period for the semicolon at end.
Subsec. (a)(2). Pub. L. 104–201, § 731(b)(2), (3), capitalized first letter of first word and substituted a period for the semicolon at end.
Pub. L. 104–201, § 701(b)(2), inserted “the schedule and method of colon and prostate cancer screenings,” after “pap smears and mammograms,” in introductory provisions and “or colon and prostate cancer screenings” after “pap smears and mammograms” in subpar. (B).
Pub. L. 104–106, § 701, added par. (2) and struck out former par. (2) which read as follows: “routine physical examinations and immunizations of dependents over two years of age may only be provided when required in the case of dependents who are traveling outside the United States as a result of a member’s duty assignment and such travel is being performed under orders issued by a uniformed service, except that pap smears and mammograms may be provided on a diagnostic or preventive basis;”.
Subsec. (a)(3) to (12). Pub. L. 104–201, § 731(b)(2), (3), capitalized first letter of first word and substituted a period for the semicolon at end.
Subsec. (a)(13). Pub. L. 104–201, § 731(a), (b)(2), substituted “Any service” for “any service” and “paragraph (4).” for “paragraph (4);” and inserted at end “Pursuant to an agreement with the Secretary of Health and Human Services and under such regulations as the Secretary of Defense may prescribe, the Secretary of Defense may waive the operation of this paragraph in connection with clinical trials sponsored or approved by the National Institutes of Health if the Secretary of Defense determines that such a waiver will promote access by covered beneficiaries to promising new treatments and contribute to the development of such treatments.”
Subsec. (a)(14), (15). Pub. L. 104–201, § 731(b)(2), (3), capitalized first letter of first word and substituted a period for the semicolon at end.
Subsec. (a)(16). Pub. L. 104–201, § 731(b)(2), (4), capitalized first letter of first word and substituted a period for “; and” at end.
Subsec. (a)(17). Pub. L. 104–201, § 731(b)(2), capitalized first letter of first word.
Subsec. (h)(1). Pub. L. 104–106, § 731(a), added par. (1) and struck out former par. (1) which read as follows: “Payment for a charge for services by an individual health-care professional (or other noninstitutional health-care provider) for which a claim is submitted under a plan contracted for under subsection (a) may be denied only to the extent that the charge exceeds the amount equivalent to the 80th percentile of billed charges made for similar services in the same locality during the base period.”
Subsec. (h)(2). Pub. L. 104–106, § 731(d), substituted “paragraph (1)(A)” for “paragraph (1)”.
Subsec. (h)(3). Pub. L. 104–106, § 731(b), added par. (3).
Subsec. (h)(4). Pub. L. 104–201, § 711, struck out “emergency” before “services from nonparticipating providers.”
Pub. L. 104–106, § 731(c), added par. (4).
Subsec. (h)(5). Pub. L. 104–201, § 732(2), added par. (5). Former par. (5) redesignated (6).
Pub. L. 104–106, § 731(c), added par. (5).
Subsec. (h)(6). Pub. L. 104–201, § 732(1), redesignated par. (5) as (6).
Subsec. (j)(1). Pub. L. 104–201, § 735(c), inserted “, including any plan offered by a third-party payer (as defined in section 1095(h)(1) of this title),” after “or health plan”.
1994—Subsec. (a). Pub. L. 103–337, § 702(a)(1), substituted “dependents, as described in subparagraphs (A), (D), and (I) of section 1072(2) of this title,” for “spouses and children”.
Subsec. (d). Pub. L. 103–337, § 702(a)(2), substituted “as described in subparagraph (A), (D), or (I) of section 1072(2)” for “as defined in section 1072(2)(A) or (D)”.
Subsec. (g). Pub. L. 103–337, § 707(a), inserted at end “In addition, when a member dies while on active duty for a period of more than 30 days, the member’s dependents who are receiving benefits under a plan covered by subsection (a) shall continue to be eligible for such benefits during the one-year period beginning on the date of the death of the member.”
1993—Subsec. (a)(7). Pub. L. 103–160, § 716(c), substituted “except that those services may be provided in any case in which another insurance plan or program provides primary coverage for those services;” for “except that—
“(A) those services may be provided in any case in which another insurance plan or program provides primary coverage for those services; and
“(B) the Secretary of Defense may waive the 40-mile radius restriction with regard to the provision of a particular service before
Subsec. (a)(15). Pub. L. 103–35 made technical amendment to directory language of Pub. L. 102–484, § 704(1). See 1992 Amendment note below.
Subsec. (o). Pub. L. 103–160, § 711, added subsec. (o).
1992—Subsec. (a)(15). Pub. L. 102–484, § 1053(3), made technical amendment to directory language of Pub. L. 102–190, § 702(b)(1)(C). See 1991 Amendment note below.
Pub. L. 102–484, § 704(1), as amended by Pub. L. 103–35, struck out “and” at end of par. (15).
Subsec. (a)(16). Pub. L. 102–484, § 704(2), substituted “; and” for period at end.
Subsec. (a)(17). Pub. L. 102–484, § 704(3), added par. (17).
Subsec. (j)(2)(B). Pub. L. 102–484, § 1052(13), inserted a close parenthesis after “1395x(dd)(2)”.
1991—Subsec. (a)(6). Pub. L. 102–25, § 316(b), revived par. (6) as in effect on
Subsec. (a)(7). Pub. L. 102–190, § 711, substituted “except that—” and subpars. (A) and (B), for “except that such services may be provided in any case in which another insurance plan or program provides primary coverage for the services;”.
Subsec. (a)(13). Pub. L. 102–190, § 702(b)(1)(A), substituted “paragraph (4)” for “clause (4)”.
Subsec. (a)(14). Pub. L. 102–190, § 702(b)(1)(B), struck out “and” at end.
Subsec. (a)(15). Pub. L. 102–190, § 702(b)(1)(C), as amended by Pub. L. 102–484, § 1053(3), substituted “; and” for period at end.
Subsec. (a)(16). Pub. L. 102–190, § 702(b)(1)(D), added par. (16).
Subsec. (i). Pub. L. 102–25, § 316(b), revived subsec. (i) as in effect on
Subsec. (j)(1). Pub. L. 102–190, § 713, inserted “, or covered by,” after “person enrolled in”.
Subsec. (j)(2)(B). Pub. L. 102–190, § 702(b)(2), inserted “hospice program (as defined in section 1861(dd)(2) of the Social Security Act (42 U.S.C. 1395x(dd)(2)),”.
Subsec. (n). Pub. L. 102–190, § 712(a), added subsec. (n).
1990—Subsec. (a)(2). Pub. L. 101–510, § 701(a), inserted before the semicolon “, except that pap smears and mammograms may be provided on a diagnostic or preventive basis”.
Subsec. (a)(6). Pub. L. 101–510, § 703(a), substituted “in excess of—” for “in excess of 60 days in any year;” and added subpars. (A) to (C).
Subsec. (a)(8). Pub. L. 101–510, § 702(a)(1), inserted “(other than certified marriage and family therapists)” after “marital counselors” and inserted before semicolon “and services of certified marriage and family therapists may be provided consistent with such rules as may be prescribed by the Secretary of Defense, including credentialing criteria and a requirement that the therapists accept payment under this section as full payment for all services provided”.
Subsec. (a)(13). Pub. L. 101–510, § 702(a)(2), inserted “certified marriage and family therapist,” after “psychologist,”.
Subsec. (b)(2). Pub. L. 101–510, § 712(a)(1), substituted “$150” for “$50” and inserted at end “Notwithstanding the preceding sentence, in the case of a dependent of an enlisted member in a pay grade below E–5, the initial deductible each fiscal year under this paragraph shall be limited to $50.”
Subsec. (b)(3). Pub. L. 101–510, § 712(a)(2), substituted “$300 (or in the case of the family group of an enlisted member in a pay grade below E–5, the first $100)” for “$100”.
Subsec. (i). Pub. L. 101–510, § 703(b), amended subsec. (i) generally. Prior to amendment, subsec. (i) read as follows: “The limitation in subsection (a)(6) does not apply in the case of inpatient mental health services—
“(1) provided under the program for the handicapped under subsection (d);
“(2) provided as residential treatment care;
“(3) provided as partial hospital care; or
“(4) provided pursuant to a waiver authorized by the Secretary of Defense because of extraordinary medical or psychological circumstances that are confirmed by review by a non-Federal health professional pursuant to regulations prescribed by the Secretary of Defense.”
Subsec. (j)(2)(B). Pub. L. 101–510, § 1484(g)(1), inserted “the term” after “In subparagraph (A),”.
1989—Subsec. (h)(1), (2). Pub. L. 101–189 substituted “80th percentile” for “90th percentile”.
1988—Subsec. (b)(1). Pub. L. 100–456, § 646(a)(1), inserted provisions authorizing Secretary of Defense to exempt a patient from paying such amount if the hospital to which the patient is admitted does not impose a legal obligation on any of its patients to pay for inpatient care.
Subsec. (m). Pub. L. 100–456, § 646(a)(2), added subsec. (m).
1987—Subsec. (a)(15). Pub. L. 100–180, § 726(a), added par. (15).
Subsec. (b)(5). Pub. L. 100–180, § 721(a), added par. (5).
1986—Subsec. (a)(7). Pub. L. 99–661, § 703, substituted “provides primary coverage for the services” for “pays for at least 75 percent of the services”.
Subsec. (l). Pub. L. 99–661, § 652(d), added subsec. (l).
1984—Subsec. (a). Pub. L. 98–557, § 19(7)(B), substituted reference to other administering Secretaries for reference to Secretary of Health and Human Services in provisions preceding cl. (1).
Subsec. (a)(3). Pub. L. 98–525, § 632(a)(1), substituted “not more than one eye examination may be provided to a patient in any calendar year” for “eye examinations may not be provided”.
Subsec. (a)(4). Pub. L. 98–557, § 19(7)(A), substituted reference to the administering Secretaries for reference to the Secretary of Defense and the Secretary of Health and Human Services.
Subsec. (a)(7) to (14). Pub. L. 98–525, § 1401(e)(4)(A), added cls. (7) to (14).
Subsecs. (b)(4), (c), (d). Pub. L. 98–557, § 19(7)(A), substituted reference to the administering Secretaries for reference to the Secretary of Defense and the Secretary of Health and Human Services.
Subsec. (e). Pub. L. 98–525, § 1405(23), substituted “under subsection (d) as follows:” for “under subsection (d).” in provisions preceding cl. (1).
Subsecs. (e)(1), (f). Pub. L. 98–557, § 19(7)(A), substituted reference to the administering Secretaries for reference to the Secretary of Defense and the Secretary of Health and Human Services.
Subsec. (h)(2). Pub. L. 98–557, § 19(7)(B), substituted reference to other administering Secretaries for reference to Secretary of Health and Human Services.
Pub. L. 98–525, § 1401(e)(4)(B), substituted “The Secretary of Defense shall adjust the base period as frequently as he considers appropriate” for “The base period shall be adjusted at least once a year”.
Subsec. (j)(2)(A). Pub. L. 98–557, § 19(7)(A), substituted reference to the administering Secretaries for reference to the Secretary of Defense and the Secretary of Health and Human Services.
Subsec. (k)(1), (2). Pub. L. 98–557, § 19(7)(B), substituted reference to other administering Secretaries for reference to Secretary of Health and Human Services.
1983—Subsec. (a). Pub. L. 98–94, § 1268(4)(A), substituted “30” for “thirty” in provisions preceding par. (1).
Subsec. (a)(6). Pub. L. 98–94, § 931(a)(1), added par. (6).
Subsec. (d). Pub. L. 98–94, § 1268(4)(A), substituted “30” for “thirty”.
Subsec. (g). Pub. L. 98–94, § 1268(4)(B), struck out “of this section” after “subsection (d)”.
Subsecs. (i) to (k). Pub. L. 98–94, § 931(a)(2), added subsecs. (i) to (k).
1981—Subsec. (b)(4). Pub. L. 97–22 substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”.
Subsec. (h). Pub. L. 97–86 substituted reference to services of individual health-care professionals for former reference to physician services, struck out provisions that had used the concept of a predetermined charge level based upon customary charges, and inserted provisions requiring a readjustment of the base period at least once a year.
1980—Subsec. (a). Pub. L. 96–513, § 511(36), (38)(A), substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare” wherever appearing, and “that—” for “that:”.
Subsec. (a)(2). Pub. L. 96–342, § 810(a)(1), inserted “of dependents over two years of age” after “immunizations”.
Subsec. (a)(3). Pub. L. 96–342, § 810(a)(2), struck out “routine care of the newborn, well-baby care, and” after “(3)”.
Subsec. (b)(4). Pub. L. 96–552 added par. (4).
Pub. L. 96–513, § 511(38)(B), substituted “percent” for “per centum” wherever appearing.
Subsec. (c). Pub. L. 96–513, § 511(36), substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”.
Subsec. (d). Pub. L. 96–513, §§ 501(13), 511(36), substituted “section 1072(2)(A) or (D) of this title” for “section 1072(2)(A), (C), or (E) of this title”, and “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”.
Subsec. (e). Pub. L. 96–513, § 511(36), (38)(C), substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”, and “(d) as follows:” for “(d).”.
Subsec. (e)(2). Pub. L. 96–342, § 810(b), substituted “$1,000” for “$350”.
Subsec. (f). Pub. L. 96–513, § 511(36), substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”.
Subsec. (g). Pub. L. 96–513, § 511(38)(D), struck out “, United States Code,” after “37”.
Subsec. (h). Pub. L. 96–513, § 511(36), substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”.
1978—Subsec. (h). Pub. L. 95–485 added subsec. (h).
1971—Subsec. (g). Pub. L. 92–58 added subsec. (g).
1966—Subsec. (a). Pub. L. 89–614 struck out “dependent” before “spouses and children” and substituted sentence providing that “The types of health care authorized under this section, shall be the same as those provided under section 1076 of this title”, enumerating exceptions in pars. (1) to (5) for former provisions which required the insurance, medical service, or health plans to include (1) hospitalization in semiprivate rooms for not more than 365 days for each admission, (2) medical and surgical care incident to hospitalization, (3) obstetrical and maternity service, including prenatal and postnatal care, (4) services of physician or surgeon before or after hospitalization for bodily injury or surgical operation, (5) diagnostic tests and services incident to hospitalization, and (6) payments by patient of hospital expenses, now incorporated in subsec. (b)(1).
Subsec. (b). Pub. L. 89–614 incorporated existing provisions of subsec. (a)(6) in par. (1) and added pars. (2) and (3). Former subsec. (b) authorized the Secretary of Defense to make variances from subsec. (a) requirements as appropriate other than outpatient care or care other than provided for in sections 1076 to 1078 of this title.
Subsecs. (c) to (f). Pub. L. 89–614 added subsecs. (c) to (f).
Pub. L. 117–81, div. A, title VII, § 701(d),
Pub. L. 109–163, div. A, title VII, § 715(b),
Pub. L. 107–314, div. A, title VII, § 701(b),
Pub. L. 107–314, div. A, title VII, § 705(b),
Pub. L. 107–107, div. A, title VII, § 707(c),
Pub. L. 106–398, § 1 [[div. A], title VII, § 701(c)(3)],
Amendment by section 1 [[div. A], title VII, § 722(b)(1)] of Pub. L. 106–398 effective
Pub. L. 103–337, div. A, title VII, § 707(c),
Amendment 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.
Pub. L. 102–484, div. A, title X, § 1053,
Pub. L. 102–25, title III, § 316(b),
Pub. L. 101–510, div. A, title VII, § 701(b),
Pub. L. 101–510, div. A, title VII, § 702(b),
Pub. L. 101–510, div. A, title VII, § 703(d),
Pub. L. 101–510, div. A, title VII, § 712(c),
Pub. L. 101–189, div. A, title VII, § 730(b),
Pub. L. 100–456, div. A, title VI, § 646(c),
Pub. L. 100–180, div. A, title VII, § 721(c),
Pub. L. 100–180, div. A, title VII, § 726(b),
Pub. L. 99–661, div. A, title VI, § 652(e)(4),
Pub. L. 98–525, title VI, § 632(a)(3),
Amendment by section 1401(e)(4) of Pub. L. 98–525 effective
Pub. L. 98–94, title IX, § 931(c), “(1) clause (6) of section 1079(a) of title 10, United States Code, as added by subsection (a)(1), shall not apply in the case of inpatient mental health services provided to a patient admitted before “(2) subsection (k) of section 1079 of such title, as added by subsection (a)(1), shall apply with respect to liver transplant operations performed on or after
Pub. L. 97–86, title IX, § 906(b),
Amendment by section 501(13) of Pub. L. 96–513 effective
Amendment by section 511 of Pub. L. 96–513 effective
Pub. L. 96–342, title VIII, § 810(c),
Pub. L. 95–485, title VIII, § 806(b),
Pub. L. 92–58, § 2,
For 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.
Pub. L. 110–417, [div. A], title VII, § 711, “(a) Subject to subsection (b) and under regulations prescribed by the Secretary of Defense, the Secretary shall—“(1) waive all copayments under sections 1079(b) and 1086(b) of title 10, United States Code, for preventive services for all beneficiaries who would otherwise pay copayments; and“(2) ensure that a beneficiary pays nothing for preventive services during a year even if the beneficiary has not paid the amount necessary to cover the beneficiary’s deductible for the year.“(b) Subsection (a) shall not apply to a medicare-eligible beneficiary.“(c) “(1) Under regulations prescribed by the Secretary of Defense, the Secretary may pay a refund to a medicare-eligible beneficiary excluded by subsection (b), subject to the availability of appropriations specifically for such refunds, consisting of an amount up to the difference between—“(A) the amount the beneficiary pays for copayments for preventive services during fiscal year 2009; and“(B) the amount the beneficiary would have paid during such fiscal year if the copayments for preventive services had been waived pursuant to subsection (a) during that year.“(2) The refunds under paragraph (1) are available only for copayments paid by medicare-eligible beneficiaries during fiscal year 2009.“(d) In this section:“(1) The term ‘preventive services’ includes, taking into consideration the age and gender of the beneficiary:“(A) Colorectal screening.“(B) Breast screening.“(C) Cervical screening.“(D) Prostate screening.“(E) Annual physical exam.“(F) Vaccinations.“(G) Other services as determined by the Secretary of Defense.“(2) The term ‘medicare-eligible’ has the meaning provided by section 1111(b)(3) of title 10, United States Code.”
Pub. L. 108–136, div. A, title VII, § 724, “(a) The Secretary of Defense shall develop a plan to—“(1) ensure that each household that includes one or more eligible persons is provided information concerning—“(A) the extent of health coverage provided by sections 1079 or 1086 of title 10, United States Code, for each such person;“(B) the costs, including the limits on such costs, that each such person is required to pay for such health coverage;“(C) sources of information for locating TRICARE-authorized providers in the household’s locality; and“(D) methods to obtain assistance in resolving difficulties encountered with billing, payments, eligibility, locating TRICARE-authorized providers, collection actions, and such other issues as the Secretary considers appropriate;“(2) provide mechanisms to ensure that each eligible person has access to information identifying TRICARE-authorized providers in the person’s locality who have agreed to accept new patients under section 1079 or 1086 of title 10, United States Code, and to ensure that such information is periodically updated;“(3) provide mechanisms to ensure that each eligible person who requests assistance in locating a TRICARE-authorized provider is provided such assistance;“(4) provide information and recruitment materials and programs aimed at attracting participation of health care providers as necessary to meet health care access requirements for all eligible persons; and“(5) provide mechanisms to allow for the periodic identification by the Department of Defense of the number and locality of eligible persons who may intend to rely on TRICARE-authorized providers for health care services.“(b) The Secretary of Defense shall implement the plan required by subsection (a) with respect to any contract entered into by the Department of Defense after “(c) In this section:“(1) The term ‘eligible person’ means a person eligible for health benefits under section 1079 or 1086 of title 10, United States Code.“(2) The term ‘TRICARE-authorized provider’ means a facility, doctor, or other provider of health care services—“(A) that meets the licensing and credentialing certification requirements in the State where the services are rendered;“(B) that meets requirements under regulations relating to TRICARE for the type of health care services rendered; and“(C) that has accepted reimbursement by the Secretary of Defense as payment for services rendered during the 12-month period preceding the date of the most recently updated provider information provided to households under the plan required by subsection (a).“(d) Not later than
Pub. L. 106–398, § 1 [[div. A], title VII, § 757(b)(1)],
Pub. L. 102–484, div. A, title VII, § 702,
Pub. L. 102–484, div. A, title VII, § 721,
Pub. L. 102–172, title VIII, § 8085,
Similar provisions were contained in Pub. L. 102–28, § 105,
Pub. L. 102–25, title III, § 312,
For provision authorizing transitional health care, including health benefits contracted for under subsec. (a) of this section, for members, or dependents of members, upon release of member from active duty in connection with Operation Desert Storm, see section 313 of Pub. L. 102–25, set out as a note under section 1076 of this title.