10 USC 1074a - Medical and dental care: members on duty other than active duty for a period of more than 30 days

U.S Code last checked for updates: Nov 22, 2024

§ 1074a.

Medical and dental care: members on duty other than active duty for a period of more than 30 days

(a)

Under joint regulations prescribed by the administering Secretaries, the following persons are entitled to the benefits described in subsection (b):

(1)

Each member of a uniformed service who incurs or aggravates an injury, illness, or disease in the line of duty while performing—

(A)

active duty for a period of 30 days or less;

(B)

inactive-duty training; or

(C)

service on funeral honors duty under section 12503 of this title or section 115 of title 32.

(2)

Each member of a uniformed service who incurs or aggravates an injury, illness, or disease while traveling directly to or from the place at which that member is to perform or has performed—

(A)

active duty for a period of 30 days or less;

(B)

inactive-duty training; or

(C)

service on funeral honors duty under section 12503 of this title or section 115 of title 32.

(3)

Each member of the armed forces who incurs or aggravates an injury, illness, or disease in the line of duty while remaining overnight immediately before the commencement of inactive-duty training, or while remaining overnight, between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training.

(4)

Each member of the armed forces who incurs or aggravates an injury, illness, or disease in the line of duty while remaining overnight immediately before serving on funeral honors duty under section 12503 of this title or section 115 of title 32 at or in the vicinity of the place at which the member was to so serve, if the place is outside reasonable commuting distance from the member’s residence.

(b)

A person described in subsection (a) is entitled to—

(1)

the medical and dental care appropriate for the treatment of the injury, illness, or disease of that person until the resulting disability cannot be materially improved by further hospitalization or treatment; and

(2)

subsistence during hospitalization.

(c)

A member is not entitled to benefits under subsection (b) if the injury, illness, or disease, or aggravation of an injury, illness, or disease described in subsection (a)(2), is the result of the gross negligence or misconduct of the member.

(d)

(1)

The Secretary concerned shall provide to members of the Selected Reserve who are assigned to units scheduled for deployment within 75 days after mobilization the following medical and dental services:

(A)

An annual medical screening.

(B)

For members who are over 40 years of age, a full physical examination not less often than once every two years.

(C)

An annual dental screening.

(D)

The dental care identified in an annual dental screening as required to ensure that a member meets the dental standards required for deployment in the event of mobilization.

(2)

The services provided under this subsection shall be provided at no cost to the member.

(e)

(1)

A member of a uniformed service on active duty for health care or recuperation reasons, as described in paragraph (2), is entitled to medical and dental care on the same basis and to the same extent as members covered by section 1074(a) of this title while the member remains on active duty.

(2)

Paragraph (1) applies to a member described in paragraph (1) or (2) of subsection (a) who, while being treated for (or recovering from) an injury, illness, or disease incurred or aggravated in the line of duty, is continued on active duty pursuant to a modification or extension of orders, or is ordered to active duty, so as to result in active duty for a period of more than 30 days.

(f)

(1)

At any time after the Secretary concerned notifies members of the Ready Reserve that the members are to be called or ordered to active duty for a period of more than 30 days, the administering Secretaries may provide to each such member any medical and dental screening and care that is necessary to ensure that the member meets the applicable medical and dental standards for deployment.

(2)

The notification to members of the Ready Reserve described in paragraph (1) shall include notice that the members are eligible for screening and care under this section.

(3)

A member provided medical or dental screening or care under paragraph (1) may not be charged for the screening or care.

(g)

(1)

The Secretary concerned may provide to any member of the Selected Reserve not described in subsection (d)(1) or (f), and to any member of the Individual Ready Reserve described in section 10144(b) of this title the medical and dental services specified in subsection (d)(1) if the Secretary determines that the receipt of such services by such member is necessary to ensure that the member meets applicable standards of medical and dental readiness.

(2)

Services may not be provided to a member under this subsection for a condition that is the result of the member’s own misconduct.

(3)

The services provided under this subsection shall be provided at no cost to the member.

(h)

(1)

The Secretary of Defense may provide to any member of the reserve components performing inactive-duty training during scheduled unit training assemblies access to mental health assessments with a licensed mental health professional who shall be available for referrals during duty hours on the premises of the principal duty location of the member’s unit.

(2)

Mental health services provided to a member under this subsection shall be at no cost to the member.

(i)

Amounts available for operation and maintenance of a reserve component of the armed forces may be available for purposes of this section to ensure the medical, dental, and behavioral health readiness of members of such reserve component.

(Added Pub. L. 98–94, title X, § 1012(a)(1), Sept. 24, 1983, 97 Stat. 664; amended Pub. L. 98–525, title VI, § 631(a)(1), Oct. 19, 1984, 98 Stat. 2542; Pub. L. 98–557, § 19(4), Oct. 30, 1984, 98 Stat. 2869; Pub. L. 99–145, title XIII, § 1303(a)(7), Nov. 8, 1985, 99 Stat. 739; Pub. L. 99–661, div. A, title VI, § 604(a)(1), Nov. 14, 1986, 100 Stat. 3874; Pub. L. 104–106, div. A, title VII, §§ 702(a), 704(a), Feb. 10, 1996, 110 Stat. 371, 372; Pub. L. 105–85, div. A, title V, § 513(a), Nov. 18, 1997, 111 Stat. 1730; Pub. L. 106–65, div. A, title V, § 578(i)(1), title VII, § 705(b), Oct. 5, 1999, 113 Stat. 629, 683; Pub. L. 107–107, div. A, title V, § 513(a), Dec. 28, 2001, 115 Stat. 1093; Pub. L. 108–106, title I, § 1114, Nov. 6, 2003, 117 Stat. 1216; Pub. L. 108–136, div. A, title VII, § 701, Nov. 24, 2003, 117 Stat. 1525; Pub. L. 110–417, [div. A], title VII, § 735(a), Oct. 14, 2008, 122 Stat. 4513; Pub. L. 112–81, div. A, title VII, § 703(a), Dec. 31, 2011, 125 Stat. 1471.)

cite as: 10 USC 1074a