§1076a . Dependents' dental program

(a) Authority to Establish Plans.-(1) The Secretary of Defense may establish basic dental benefits plans for eligible dependents of members of the uniformed services who are on active duty for a period of more than 30 days. Any plan under this section shall provide for voluntary enrollment of participants and shall include provisions for premium-sharing between the Department of Defense and members enrolling in the program.

(2) A plan under this section shall be administered under regulations prescribed by the Secretary of Defense in consultation with the other administering Secretaries.

(b) Premiums.-(1) Members enrolling in a dental benefits plan established under subsection (a) shall be required to pay a share of the member's premium.

(2) A member enrolled in a basic dental benefits plan shall pay a premium of not more than $20 per month for the member and the family of the member.

(3) The Secretary of Defense may reduce the monthly premium required to be paid under paragraph (2) in the case of enlisted members in pay grade E–1, E–2, E–3, or E–4 if the Secretary determines that such a reduction is appropriate to assist such members to participate in a dental benefits plan established under subsection (a). The reduction in the amount of the premium may not exceed $10 per month.

(c) Deduction of Premium from Basic Pay.-A member's share of the premium for a plan established under subsection (a) shall be paid by deductions from the basic pay of the member.

(d) Benefits Available Under Plans.-A basic dental benefits plan established under subsection (a) may provide the following benefits:

(1) Diagnostic, oral examination, and preventative services and palliative emergency care.

(2) Basic restorative services of amalgam and composite restorations and stainless steel crowns for primary teeth, and dental appliance repairs.

(3) Orthodontic services, crowns, gold fillings, bridges, complete or partial dentures, and such other services as the Secretary of Defense considers to be appropriate.

(e) Copayments.-A member whose eligible dependent receives care under a basic dental benefits plan shall-

(1) pay no charge for care described in subsection (d)(1);

(2) pay 20 percent of the charges for care described in subsection (d)(2); and

(3) pay a percentage of the charges for care described in subsection (d)(3) that is determined appropriate by the Secretary of Defense, after consultation with the other administering Secretaries.

(f) Transfer of Members.-If a member who is enrolled in a plan established under this section is transferred to a duty station where dental care is provided to the member's eligible dependents under a program other than a plan established under this section, the member may discontinue participation under the plan established under this section. If the member is later transferred to a station where dental care is not provided to such member's eligible dependents except under a plan established under this section, the member may re-enroll in such a plan.

(g) Authority Subject to Appropriations.-The authority of the Secretary of Defense to enter into a contract under this section for any fiscal year is subject to the availability of appropriations for that purpose.

(h) Care Outside the United States.-The Secretary may exercise the authority provided under subsection (a) to establish basic dental benefits plans for the provision of dental benefits outside the United States for the eligible dependents of members of the uniformed services accompanying the members on permanent assignments to duty outside the United States.

(i) Eligible Dependent Defined.-(1) In this section, the term "eligible dependent" means a dependent described in subparagraph (A), (D), or (I) of section 1072(2) of this title.

(2) The term includes a dependent described in such subparagraphs of a member who dies while on active duty for a period of more than 30 days if the dependent is enrolled on the date of the death of the member in a dental benefits plan established under subsection (a), except that the term does not include the dependent after the end of the one-year period beginning on the date of the member's death. The Secretary of Defense may waive (in whole or in part) any requirements of the plan as the Secretary determines necessary for the effective administration of the plan for a dependent covered by this paragraph.

(Added Pub. L. 99–145, title VI, §651(a)(1), Nov. 8, 1985, 99 Stat. 655 ; amended Pub. L. 99–661, div. A, title VII, §707(a), (b), Nov. 14, 1986, 100 Stat. 3905 ; Pub. L. 102–190, div. A, title VII, §701, Dec. 5, 1991, 105 Stat. 1399 ; Pub. L. 102–484, div. A, title VII, §701(a)–(e), Oct. 23, 1992, 106 Stat. 2430 ; Pub. L. 103–337, div. A, title VII, §§702(b), 703(a), 707(b), Oct. 5, 1994, 108 Stat. 2797 , 2798, 2800.)

Amendments

1994-Subsec. (a)(1). Pub. L. 103–337, §702(b)(1), substituted "eligible dependents" for "spouses and children (as described in section 1072(2)(D) of this title)".

Subsec. (e). Pub. L. 103–337, §702(b)(2), substituted "eligible dependent" for "spouse or child".

Subsec. (f). Pub. L. 103–337, §702(b)(3), substituted "eligible dependents" for "spouse or children" in two places.

Subsec. (h). Pub. L. 103–337, §703(a)(2), added subsec. (h). Former subsec. (h) redesignated (i).

Pub. L. 103–337, §702(b)(4), added subsec. (h).

Subsec. (i). Pub. L. 103–337, §707(b), designated existing provisions as par. (1) and added par. (2).

Pub. L. 103–337, §703(a)(1), redesignated subsec. (h) as (i).

1992-Subsec. (a)(1). Pub. L. 102–484, §701(a)(1), struck out "and supplemental" after "may establish basic" and struck out at end "A member may not enroll in a supplemental dental benefits plan unless the member is also a member of a basic dental benefits plan."

Subsec. (b)(2). Pub. L. 102–484, §701(b)(1), substituted "$20" for "$10".

Subsec. (b)(3). Pub. L. 102–484, §701(a)(2), (b)(2), added par. (3) and struck out former par. (3) which read as follows: "A member enrolled in a supplemental dental benefits plan shall pay a supplemental monthly premium of not more than $15 for the member and the family of the member. The supplemental monthly premium shall be in addition to the premium payable under paragraph (2) for the member's basic dental benefits plan."

Subsec. (d). Pub. L. 102–484, §701(a)(3), (c), struck out "(1)" before "A basic dental", struck out "only" before "the following benefits", redesignated subpars. (A) and (B) as pars. (1) and (2), respectively, added par. (3), and struck out former par. (2) which read as follows: "In addition to the benefits available under a basic dental benefits plan, a supplemental dental benefits plan established under subsection (a) may provide such dental care benefits as the Secretary of Defense, after consultation with the other administering Secretaries, considers to be appropriate."

Subsec. (e). Pub. L. 102–484, §701(d), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: "Copayments.-(1) A member whose spouse or child receives care under a basic dental benefits plan shall-

"(A) pay no charge for care described in subsection (d)(1)(A); and

"(B) pay 20 percent of the charges for care described in subsection (d)(1)(B).

"(2) A supplemental dental benefits plan may require a member enrolled in that plan to pay not more than 50 percent of the charges for orthodontic services, crowns, gold fillings, bridges, or complete or partial dentures that are received by the spouse or a child of the member, are covered by that plan, and are not covered by the member's basic dental benefits plan."

Subsec. (h). Pub. L. 102–484, §701(e), struck out subsec. (h) which read as follows: "Limitations on Expenditures.-The Secretary of Defense may not spend more than $105,000,000 (in fiscal year 1986 dollars) for a plan under this section during any fiscal year."

1991-Subsec. (a). Pub. L. 102–190, §701(e)(1), inserted heading.

Subsec. (a)(1). Pub. L. 102–190, §701(a), substituted "basic and supplemental dental benefits plans" for "dental benefit plans" in first sentence and inserted at end "A member may not enroll in a supplemental dental benefits plan unless the member is also a member of a basic dental benefits plan."

Subsec. (b). Pub. L. 102–190, §701(c)(1), inserted heading.

Subsec. (b)(1). Pub. L. 102–190, §701(c)(2), substituted "benefits" for "benefit".

Subsec. (b)(2). Pub. L. 102–190, §701(c)(3), substituted "a basic dental benefits plan" for "a plan under this section".

Subsec. (b)(3). Pub. L. 102–190, §701(c)(4), added par. (3).

Subsec. (c). Pub. L. 102–190, §701(e)(2), inserted heading.

Subsec. (d). Pub. L. 102–190, §701(b), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "The dental benefits provided under such a plan may not include a benefit other than-

"(1) diagnostic, oral examination, and preventive services and palliative emergency care; and

"(2) basic restorative services of amalgam and composite restorations and stainless steel crowns for primary teeth, and dental appliance repairs."

Subsec. (e). Pub. L. 102–190, §701(d), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: "Any such plan shall provide that a member whose spouse or child receives care under a plan established under this section-

"(1) may not be required to pay for any charge for care described in subsection (d)(1); and

"(2) shall be required to pay 20 percent of the charges for care described in subsection (d)(2)."

Subsecs. (f) to (h). Pub. L. 102–190, §701(e)(3)–(5), inserted headings.

1986-Subsec. (b)(2). Pub. L. 99–661, §707(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "The Secretary of Defense shall establish the amount of the premium to be paid by a member enrolled in a plan under this section."

Subsec. (h). Pub. L. 99–661, §707(b), added subsec. (h).

Effective Date of 1994 Amendment

Section 707(c) of Pub. L. 103–337 provided that: "The amendments made by subsections (a) and (b) [amending this section and section 1079 of this title] shall apply with respect to the dependents described in such amendments of a member of a uniformed service who dies on or after October 1, 1993, while on active duty for a period of more than 30 days."

Effective Date of 1992 Amendment

Section 701(g) of Pub. L. 102–484 provided that: "The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Oct. 23, 1992], except that-

"(1) the $10 per month premium in effect under subsection (b)(2) of section 1076a of title 10, United States Code, on the day before the date of the enactment of this Act shall continue to apply until April 1, 1993, to members enrolled in a basic dental benefits plan under such section; and

"(2) the Secretary of Defense may not include the benefits authorized under subsection (d)(3) of such section, as added by subsection (c), in a basic dental benefits plan under such section until April 1, 1993."

Effective Date

Section 651(c) of Pub. L. 99–145 provided that: "The Secretary of Defense may not enter into a contract under section 1076a of title 10, United States Code, as added by subsection (a), or otherwise obligate funds under that section before September 30, 1986."

Authorization To Expand Enrollment in Dependents' Dental Program to Certain Members Returning From Overseas Assignments

Pub. L. 103–160, div. A, title VII, §703, Nov. 30, 1993, 107 Stat. 1687 , provided that:

"(a) Authority To Expand Program.-After March 31, 1994, the Secretary of Defense may expand the dependents' dental program established under section 1076a of title 10, United States Code, to permit a member of the uniformed services described in subsection (b) to enroll dependents described in subsection (a) of such section in a dental benefits plan under the program without regard to the length of the uncompleted portion of the member's period of obligated service.

"(b) Covered Members.-A member referred to in subsection (a) is a member of the uniformed services who is-

"(1) on active duty for a period of more than 30 days (as defined in section 101(d)(2) of title 10, United States Code); and

"(2) reassigned from a permanent duty station where a dental benefits plan under the dependents' dental program is not available to a permanent duty station where such a plan is available.

"(c) Report on Advisability of Expansion.-Not later than February 28, 1994, the Secretary shall submit to Congress a report evaluating the advisability of expanding the enrollment eligibility of members of the uniformed services in the dependents' dental program in the manner authorized in subsection (a). The report shall include an analysis of the cost implications for such an expansion to the Federal Government, beneficiaries under the dependents' dental program, and contractors under the program.

"(d) Notification of Exercise of Authority.-The Secretary shall notify Congress of any decision to expand the enrollment eligibility of dependents in the dependents' dental program as provided in subsection (a) not later than 30 days before such expansion takes effect."

Program of Improved Dental Benefits for Dependents

Section 701(f) of Pub. L. 102–484 provided that:

"(1) The Secretary of Defense, after consulting with the other administering Secretaries, shall devise and implement a program for the improvement of the provision of dental benefits to dependents of members of the Armed Forces under section 1076a of title 10, United States Code.

"(2) For purposes of this subsection, the term 'administering Secretaries' has the meaning given such term in section 1072(3) of title 10, United States Code.

"(3) Of the funds appropriated pursuant to the authorization of appropriations in section 301 [106 Stat. 2360], $50,000,000 shall be available to the Secretary of Defense for carrying out paragraph (1)."

Section Referred to in Other Sections

This section is referred to in section 1077 of this title.