§1077. Medical care for dependents: authorized care in facilities of uniformed services
(a) Only the following types of health care may be provided under section 1076 of this title:
(1) Hospitalization.
(2) Outpatient care.
(3) Drugs.
(4) Treatment of medical and surgical conditions.
(5) Treatment of nervous, mental, and chronic conditions.
(6) Treatment of contagious diseases.
(7) Physical examinations, including eye examinations, and immunizations.
(8) Maternity and infant care, including well-baby care that includes one screening of an infant for the level of lead in the blood of the infant.
(9) Diagnostic tests and services, including laboratory and X-ray examinations.
(10) Dental care.
(11) Ambulance service and home calls when medically necessary.
(12) Durable equipment, which may be provided on a loan basis.
(13) Primary and preventive health care services for women (as defined in section 1074d(b) of this title).
(14) Preventive health care screening for colon or prostate cancer, at the intervals and using the screening methods prescribed under section 1074d(a)(2) of this title.
(15) Prosthetic devices, as determined by the Secretary of Defense to be necessary because of significant conditions resulting from trauma, congenital anomalies, or disease.
(16) A hearing aid, but only for a dependent of a member of the uniformed services on active duty and only if the dependent has a profound hearing loss, as determined under standards prescribed in regulations by the Secretary of Defense in consultation with the administering Secretaries.
(17) Any rehabilitative therapy to improve, restore, or maintain function, or to minimize or prevent deterioration of function, of a patient when prescribed by a physician.
(b) The following types of health care may not be provided under section 1076 of this title:
(1) Domiciliary or custodial care.
(2) Orthopedic footwear and spectacles, except that, outside of the United States and at stations inside the United States where adequate civilian facilities are unavailable, such items may be sold to dependents at cost to the United States.
(3) The elective correction of minor dermatological blemishes and marks or minor anatomical anomalies.
(c)(1) Except as specified in paragraph (2), a dependent participating under a dental plan established under section 1076a of this title may not be provided dental care under section 1076(a) of this title except for emergency dental care, dental care provided outside the United States, and dental care that is not covered by such plan.
(2)(A) Dependents who are 12 years of age or younger and are covered by a dental plan established under section 1076a of this title may be treated by postgraduate dental residents in a dental treatment facility of the uniformed services under a graduate dental education program accredited by the American Dental Association if-
(i) treatment of pediatric dental patients is necessary in order to satisfy an accreditation standard of the American Dental Association that is applicable to such program, or training in pediatric dental care is necessary for the residents to be professionally qualified to provide dental care for dependent children accompanying members of the uniformed services outside the United States; and
(ii) the number of pediatric patients at such facility is insufficient to support satisfaction of the accreditation or professional requirements in pediatric dental care that apply to such program or students.
(B) The total number of dependents treated in all facilities of the uniformed services under subparagraph (A) in a fiscal year may not exceed 2,000.
(d)(1) Notwithstanding subsection (b)(1), hospice care may be provided under section 1076 of this title in facilities of the uniformed services to a terminally ill patient who chooses (pursuant to regulations prescribed by the Secretary of Defense in consultation with the other administering Secretaries) to receive hospice care rather than continuing hospitalization or other health care services for treatment of the patient's terminal illness.
(2) In this section, the term "hospice care" means the items and services described in section 1861(dd) of the Social Security Act (42 U.S.C. 1395x(dd)).
(e)(1) Authority to provide a prosthetic device under subsection (a)(15) includes authority to provide the following:
(A) Any accessory or item of supply that is used in conjunction with the device for the purpose of achieving therapeutic benefit and proper functioning.
(B) Services necessary to train the recipient of the device in the use of the device.
(C) Repair of the device for normal wear and tear or damage.
(D) Replacement of the device if the device is lost or irreparably damaged or the cost of repair would exceed 60 percent of the cost of replacement.
(2) An augmentative communication device may be provided as a voice prosthesis under subsection (a)(15).
(3) A prosthetic device customized for a patient may be provided under this section only by a prosthetic practitioner who is qualified to customize the device, as determined under regulations prescribed by the Secretary of Defense in consultation with the administering Secretaries.
(f)(1) Items that may be provided to a patient under subsection (a)(12) include the following:
(A) Any durable medical equipment that can improve, restore, or maintain the function of a malformed, diseased, or injured body part, or can otherwise minimize or prevent the deterioration of the patient's function or condition.
(B) Any durable medical equipment that can maximize the patient's function consistent with the patient's physiological or medical needs.
(C) Wheelchairs.
(D) Iron lungs.
(E) Hospital beds.
(2) In addition to the authority to provide durable medical equipment under subsection (a)(12), any customization of equipment owned by the patient that is durable medical equipment authorized to be provided to the patient under this section or section 1079(a)(5) of this title, and any accessory or item of supply for any such equipment, may be provided to the patient if the customization, accessory, or item of supply is essential for-
(A) achieving therapeutic benefit for the patient;
(B) making the equipment serviceable; or
(C) otherwise assuring the proper functioning of the equipment.
(Added
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1077(a) 1077(b) 1077(c) |
37:403(f). 37:403(g). 37:403(h) (less clause (4)). |
June 7, 1956, ch. 374, §103(f), (g), (h), |
| 1077(d) | 37:403(h) (clause (4)). |
In subsection (a), clause (6) is inserted to reflect subsection (b).
Prior Provisions
Provisions similar to those in subsec. (b)(3) of this section were contained in the following appropriation acts:
A prior section 1077, act Aug. 10, 1956, ch. 1041,
Amendments
2004-Subsec. (c).
2001-Subsec. (a)(12).
Subsec. (a)(16).
Subsec. (a)(17).
Subsec. (b)(2).
Subsec. (e).
Subsec. (f).
1997-Subsec. (a)(15).
Subsec. (b)(2).
"(A) outside the United States and at stations inside the United States where adequate civilian facilities are unavailable, such items may be sold to dependents at cost to the United States, and
"(B) artificial limbs, voice prostheses, and artificial eyes may be provided."
1996-Subsec. (a)(14).
1994-Subsec. (b)(2)(B).
Subsec. (c).
1993-Subsec. (a)(13).
1991-Subsec. (a)(8).
Subsec. (d).
1985-Subsec. (c).
1984-
Subsec. (a)(10).
Subsec. (a)(11).
Subsec. (a)(12).
Subsec. (a)(13), (14).
Subsec. (b)(3).
1966-
Effective Date of 1984 Amendment
Section 633(b) of
Amendment by section 1401(e)(3) of
Effective Date of 1966 Amendment
For effective date of amendment by
Study, Plan, and Pilot for the Mental Health Care Needs of Dependent Children of Members of the Armed Forces
"(a)
"(1)
"(2)
"(A) The availability, quality, and effectiveness of Department of Defense programs intended to meet the mental health care needs of military children.
"(B) The availability, quality, and effectiveness of Department of Defense programs intended to promote resiliency in military children in coping with deployment cycles, injury, or death of military parents.
"(C) The extent of access to, adequacy, and availability of mental health care and counseling services for military children in military medical treatment facilities, in family assistance centers, through Military OneSource, under the TRICARE program, and in Department of Defense Education Activity schools.
"(D) Whether the status of a member of the Armed Forces on active duty, or in reserve active status, affects the access of a military child to mental health care and counseling services.
"(E) Whether, and to what extent, waiting lists, geographic distance, and other factors may obstruct the receipt by military children of mental health care and counseling services.
"(F) The extent of access to, availability, and viability of specialized mental health care for military children (including adolescents).
"(G) The extent of any gaps in the current capabilities of the Department of Defense to provide preventive mental health services for military children.
"(H) Such other matters as the Secretary considers appropriate.
"(3)
"(b)
"(c)
"(1)
"(A) develop teams to train primary care managers in mental health evaluations and treatment of common psychiatric disorders affecting children and adolescents;
"(B) develop strategies to reduce barriers to accessing behavioral health services and encourage better use of the programs and services by children and adolescents; and
"(C) expand the evaluation of mental health care using common indicators, including-
"(i) psychiatric hospitalization rates;
"(ii) non-psychiatric hospitalization rates; and
"(iii) mental health relative value units.
"(2)
"(A) Not later than 90 days after establishing the pilot program, the Secretary of the Army shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report describing the-
"(i) structure and mission of the program; and
"(ii) the resources allocated to the program.
"(B) Not later than September 30, 2012, the Secretary of the Army shall submit to the congressional defense committees a report that addresses the elements described under paragraph (1)."
Program for Mental Health Awareness for Dependents and Pilot Project on Post Traumatic Stress Disorder
"(a)
"(1)
"(2)
"(A) increase awareness of mental health services available to dependents of members of the Armed Forces on active duty;
"(B) increase awareness of mental health services available to dependents of Reservists and National Guard members whose sponsors have been activated; and
"(C) increase awareness of mental health issues that may arise in dependents referred to in subparagraphs (A) and (B) whose sponsor is deployed to a combat theater.
"(3)
"(4)
"(5)
"(b)
"(1)
"(2)
"(A) Internet-based automated tools available to military and civilian health care providers for the early diagnosis and treatment of post traumatic stress disorder, and for tracking patients who suffer from post traumatic stress disorder; and
"(B) Internet-based tools available to family members of members of the Armed Forces in order to assist such family members in the identification of the emergence of post traumatic stress disorder.
"(3)
Provision of Domiciliary and Custodial Care for Certain CHAMPUS Beneficiaries
Obstetrical Care Facilities