§ 1076. Medical and dental care for dependents: general rule

4,517 words·~21 min read·/usc/title-10/section-1076

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(1)A dependent described in paragraph

(2)is entitled, upon request, to the medical and dental care prescribed by section 1077 of this title in facilities of the uniformed services, subject to the availability of space and facilities and the capabilities of the medical and dental staff.

(2)A dependent referred to in paragraph

(1)is a dependent of a member of a uniformed service described in one of the following subparagraphs:

(A)A member who is on active duty for a period of more than 30 days or died while on that duty.

(B)A member who died from an injury, illness, or disease incurred or aggravated—

(i)while the member was on active duty under a call or order to active duty of 30 days or less, on active duty for training, or on inactive-duty training; or

(ii)while the member was traveling to or from the place at which the member was to perform, or had performed, such active duty, active duty for training, or inactive-duty training.

(C)A member who died from an injury, illness, or disease incurred or aggravated in the line of duty while the member remained overnight immediately before the commencement of inactive-duty training, or while the member remained overnight between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training.

(D)A member on active duty who is entitled to benefits under subsection

(e)of section 1074a of this title by reason of paragraph (1), (2), or

(3)of subsection

(a)of such section.

(E)A member who died from an injury, illness, or disease incurred or aggravated while the member—

(i)was serving on funeral honors duty under section 12503 of this title or section 115 of title 32;

(ii)was traveling to or from the place at which the member was to so serve; or

(iii)remained overnight at or in the vicinity of that place immediately before so serving, if the place is outside reasonable commuting distance from the member’s residence.

(b)Under regulations to be prescribed jointly by the administering Secretaries, a dependent of a member or former member—

(1)who is, or (if deceased) was at the time of his death, entitled to retired or retainer pay or equivalent pay; or

(2)who died before attaining age 60 and at the time of his death would have been eligible for retired pay under chapter 1223 of this title (or under chapter 67 of this title as in effect before December 1, 1994) but for the fact that he was under 60 years of age;

may, upon request, be given the medical and dental care prescribed by section 1077 of this title in facilities of the uniformed services, subject to the availability of space and facilities and the capabilities of the medical and dental staff, except that a dependent of a member or former member described in paragraph

(2)may not be given such medical or dental care until the date on which such member or former member would have attained age 60.

(c)A determination by the medical or dental officer in charge, or the contract surgeon in charge, or his designee, as to the availability of space and facilities and to the capabilities of the medical and dental staff is conclusive. Care under this section may not be permitted to interfere with the primary mission of those facilities.

(d)To utilize more effectively the medical and dental facilities of the uniformed services, the administering Secretaries shall prescribe joint regulations to assure that dependents entitled to medical or dental care under this section will not be denied equal opportunity for that care because the facility concerned is that of a uniformed service other than that of the member.

(1)Subject to paragraph (3), the administering Secretary shall furnish an abused dependent of a former member of a uniformed service described in paragraph (4), during that period that the abused dependent is in receipt of transitional compensation under section 1059 of this title, with medical and dental care, including mental health services, in facilities of the uniformed services in accordance with the same eligibility and benefits as were applicable for that abused dependent during the period of active service of the former member.

(2)Subject to paragraph (3), upon request of any dependent of a former member of a uniformed service punished for an abuse described in paragraph (4), the administering Secretary for such uniformed service may furnish medical care in facilities of the uniformed services to the dependent for the treatment of any adverse health condition resulting from such dependent’s knowledge of

(A)the abuse, or

(B)any injury or illness suffered by the abused person as a result of such abuse.

(3)Medical and dental care furnished to a dependent of a former member of the uniformed services in facilities of the uniformed services under paragraph

(1)or (2)—

(A)shall be limited to the health care prescribed by section 1077 of this title; and

(B)shall be subject to the availability of space and facilities and the capabilities of the medical and dental staff.

(A)A former member of a uniformed service referred to in paragraph

(1)is a member who—

(i)received a dishonorable or bad-conduct discharge or was dismissed from a uniformed service as a result of a court-martial conviction for an offense, under either military or civil law, involving abuse of a dependent of the member; or

(ii)was administratively discharged from a uniformed service as a result of such an offense.

(B)A determination of whether an offense involved abuse of a dependent of the member shall be made in accordance with regulations prescribed by the administering Secretary for such uniformed service.

(1)The administering Secretaries shall furnish an eligible dependent a physical examination that is required by a school in connection with the enrollment of the dependent as a student in that school.

(2)A dependent is eligible for a physical examination under paragraph

(1)if the dependent—

(A)is entitled to receive medical care under subsection

(a)or is authorized to receive medical care under subsection (b); and

(B)is at least 5 years of age and less than 12 years of age.

(3)Nothing in paragraph

(2)may be construed to prohibit the furnishing of a school-required physical examination to any dependent who, except for not satisfying the age requirement under that paragraph, would otherwise be eligible for a physical examination required to be furnished under this subsection.

(Added Pub. L. 85–861, § 1(25)(B), Sept. 2, 1958, 72 Stat. 1447; amended Pub. L. 89–614, § 2(3), Sept. 30, 1966, 80 Stat. 862; Pub. L. 95–397, title III, § 301, Sept. 30, 1978, 92 Stat. 849; Pub. L. 96–513, title V, § 511(36), Dec. 12, 1980, 94 Stat. 2923; Pub. L. 97–252, title X, § 1004(b), Sept. 8, 1982, 96 Stat. 737; Pub. L. 98–557, § 19(5), Oct. 30, 1984, 98 Stat. 2869; Pub. L. 99–145, title VI, § 652(a), Nov. 8, 1985, 99 Stat. 656; Pub. L. 99–661, div. A, title VI, §§ 604(f)(1)(C), 652(c), Nov. 14, 1986, 100 Stat. 3877, 3889;

Pub. L. 100–456, div. A, title VI, § 651(a), Sept. 29, 1988, 102 Stat. 1990; Pub. L. 101–189, div. A, title VI, § 653(a)(4), title VII, § 731(c)(1), Nov. 29, 1989, 103 Stat. 1462, 1482; Pub. L. 103–337, div. A, title VII, §§ 704(a), (b), title XVI, § 1671(c)(7)(A), Oct. 5, 1994, 108 Stat. 2798, 2799, 3014; Pub. L. 104–106, div. A, title VII, § 703, title XV, § 1501(c)(11), Feb. 10, 1996, 110 Stat. 372, 499; Pub. L. 105–85, div. A, title V, § 513(b), title X, § 1073(d)(1)(D), Nov. 18, 1997, 111 Stat. 1730, 1905;

Pub. L. 105–261, div. A, title VII, § 732, Oct. 17, 1998, 112 Stat. 2071; Pub. L. 106–65, div. A, title V, § 578(i)(2), title VII, § 705(c), Oct. 5, 1999, 113 Stat. 629, 684; Pub. L. 106–398, § 1 [[div. A], title VII, § 703], Oct. 30, 2000, 114 Stat. 1654, 1654A–174; Pub. L. 107–107, div. A, title V, § 513(a), Dec. 28, 2001, 115 Stat. 1093.)

Appropriate references are made to dental care throughout the section to reflect the fact that in certain limited situations dependents are entitled to dental care under 37:403(h)(4), restated as section 1077 of this title.

In subsection (a), the words “appointed, enlisted, inducted or called, ordered or conscripted in a uniformed service” 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” to reflect section 101(22) and

(23)of this title.

In subsection (b), the words “active duty (other than for training)” are substituted for the words “active duty as defined in section 901(b) of title 50” to reflect section 101(22) of this title. The words “retirement” and “retirement pay” are omitted as surplusage.

In subsection (c), 37:421(c) (last 28 words) is omitted as unnecessary since this subsection and section 1077 of this title are written so as to apply to subsection

(b)as well as subsection (a).

In subsection (d), the words “because the facility concerned is that of a uniformed service other than that of the member” is substituted for the words “because of the service affiliation of the service member”.

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U.S. Code