§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, such as wheelchairs, iron lungs, and hospital beds 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).
(b) The following types of health care may not be provided under section 1076 of this title:
(1) Domiciliary or custodial care.
(2) Prosthetic devices, hearing aids, orthopedic footwear, and spectacles except that-
(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.
(3) The elective correction of minor dermatological blemishes and marks or minor anatomical anomalies.
(c) 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.
(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)).
(Added
Pub. L. 85–861, §1(25)(B), Sept. 2, 1958, 72 Stat. 1447
; amended
Pub. L. 89–614, §2(4), Sept. 30, 1966, 80 Stat. 863
;
Pub. L. 98–525, title VI, §633(a), title XIV, §§1401(e)(3), 1405(22), Oct. 19, 1984, 98 Stat. 2544
, 2617, 2623;
Pub. L. 99–145, title VI, §651(b), Nov. 8, 1985, 99 Stat. 656
;
Pub. L. 102–190, div. A, title VII, §§702(a), 703, Dec. 5, 1991, 105 Stat. 1400
, 1401;
Pub. L. 103–160, div. A, title VII, §701(b), Nov. 30, 1993, 107 Stat. 1686
;
Pub. L. 103–337, div. A, title VII, §§703(b), 705, Oct. 5, 1994, 108 Stat. 2798
, 2799.)
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:
Pub. L. 98–473, title I, §101(h) [title VIII, §8045], Oct. 12, 1984, 98 Stat. 1904
, 1931.
Pub. L. 98–212, title VII, §752, Dec. 8, 1983, 97 Stat. 1447
.
Pub. L. 97–377, title I, §101(c) [title VII, §756], Dec. 21, 1982, 96 Stat. 1833
, 1860.
Pub. L. 97–114, title VII, §759, Dec. 29, 1981, 95 Stat. 1588
.
Pub. L. 96–527, title VII, §763, Dec. 15, 1980, 94 Stat. 3092
.
Pub. L. 96–154, title VII, §769, Dec. 21, 1979, 93 Stat. 1163
.
A prior section 1077, act Aug. 10, 1956, ch. 1041, 70A Stat. 84
, related to distribution of ballots, envelopes, and voting instructions, 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.
Amendments
1994-Subsec. (b)(2)(B). Pub. L. 103–337, §705, inserted ", voice prostheses," after "artificial limbs".
Subsec. (c). Pub. L. 103–337, §703(b), substituted ", dental care provided outside the United States, and dental care" for "and care".
1993-Subsec. (a)(13). Pub. L. 103–160 added cl. (13).
1991-Subsec. (a)(8). Pub. L. 102–190, §703, inserted before period at end ", including well-baby care that includes one screening of an infant for the level of lead in the blood of the infant".
Subsec. (d). Pub. L. 102–190, §702(a), added subsec. (d).
1985-Subsec. (c). Pub. L. 99–145 added subsec. (c).
1984-Pub. L. 98–525, §1405(22), substituted a colon for the semicolon in section catchline.
Subsec. (a)(10). Pub. L. 98–525, §633(a)(1), added cl. (10). Former cl. (10) "Emergency dental care worldwide." was struck out.
Subsec. (a)(11). Pub. L. 98–525, §633(a)(1), redesignated cl. (13) as (11). Former cl. (11) "Routine dental care outside the United States and at stations in the United States where adequate civilian facilities are unavailable." was struck out.
Subsec. (a)(12). Pub. L. 98–525, §633(a)(1), redesignated cl. (14) as (12). Former cl. (12) "Dental care worldwide as a necessary adjunct of medical, surgical, or preventive treatment." was struck out.
Subsec. (a)(13), (14). Pub. L. 98–525, §633(a)(2), redesignated cls. (13) and (14) as cls. (11) and (12), respectively.
Subsec. (b)(3). Pub. L. 98–525, §1401(e)(3), added par. (3).
1966-Pub. L. 89–614 authorized an improved health benefits program for dependents of active duty members of the uniformed services in facilities of such services, expanding health care to be provided to include: hospitalization, outpatient care, and drugs in clauses (1) to (3) of subsec. (a) (hospitalization being limited by former subsec. (b) to treatment of nervous or mental disturbances or chronic diseases or for elective medical and surgical treatment to one year period in special cases); treatment of mental and surgical conditions in clause (4) minus acute condition restriction of former subsec. (a)(2); treatment of nervous, mental, and chronic conditions in clause (5) formerly restricted as stated above; clause (6) reenactment of former subsec. (a)(3); physical, including eye, examinations in clause (7) reenacting former subsec. (a)(4) immunization provisions; clause (8) reenactment of former subsec. (a)(5); diagnostic tests and services, including laboratory and X-ray examinations (diagnosis being covered in former subsec. (a)(1)); dental care provisions in clauses (10) to (12) (provided in former subsec. (d)) as (1) emergency care to relieve pain and suffering, but not including permanent restorative work or dental prosthesis, (2) care as a necessary adjunct to medical or surgical treatment, and care outside the United States, and in remote areas inside the United States, where adequate civilian facilities are unavailable; ambulance service and home calls in clause 13 (covering former subsec. (c)(2), (3)); durable equipment on loan basis in clause (14); and to exclude in subsec. (b)(1) (incorporating last sentence of former subsec. (b)) custodial care; subsec. (b)(2)(A) reenactment of former subsec. (e)(1); and permitted in subsec. (b)(2)(B) artificial limbs and eyes to be provided.
Effective Date of 1984 Amendment
Section 633(b) of Pub. L. 98–525 provided that: "The amendments made by subsection (a) [amending this section] shall take effect on July 1, 1985."
Amendment by section 1401(e)(3) of Pub. L. 98–525 effective Oct. 1, 1985, see section 1404 of Pub. L. 98–525, set out as an Effective Date note under section 520b of this title.
Effective Date of 1966 Amendment
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.
Obstetrical Care Facilities
Pub. L. 89–188, title VI, §610, Sept. 16, 1965, 79 Stat. 818
, required that military hospitals in the United States and its possessions be constructed so as to include facilities for obstetrical care, prior to repeal by
Pub. L. 97–214, §7(7), July 12, 1982, 96 Stat. 173
, eff. Oct. 1, 1982.
Section Referred to in Other Sections
This section is referred to in sections 1075, 1076, 1079, 1080, 1086 of this title.