
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 702,]
[Document affected by Public Law 107-107 Section 702,]
[Document affected by Public Law 107-107 Section 704]
[Document affected by Public Law 107-107 Section 701(g)(1)(A)]
[CITE: 10USC1077]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                   CHAPTER 55--MEDICAL AND DENTAL CARE
 
Sec. 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).
        (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.

    (b) The following types of health care may not be provided under 
section 1076 of this title:
        (1) Domiciliary or custodial care.
        (2) Hearing aids, 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) 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, Sec. 1(25)(B), Sept. 2, 1958, 72 Stat. 1447; 
amended Pub. L. 89-614, Sec. 2(4), Sept. 30, 1966, 80 Stat. 863; Pub. L. 
98-525, title VI, Sec. 633(a), title XIV, Secs. 1401(e)(3), 1405(22), 
Oct. 19, 1984, 98 Stat. 2544, 2617, 2623; Pub. L. 99-145, title VI, 
Sec. 651(b), Nov. 8, 1985, 99 Stat. 656; Pub. L. 102-190, div. A, title 
VII, Secs. 702(a), 703, Dec. 5, 1991, 105 Stat. 1400, 1401; Pub. L. 103-
160, div. A, title VII, Sec. 701(b), Nov. 30, 1993, 107 Stat. 1686; Pub. 
L. 103-337, div. A, title VII, Secs. 703(b), 705, Oct. 5, 1994, 108 
Stat. 2798, 2799; Pub. L. 104-201, div. A, title VII, Sec. 701(b)(1), 
Sept. 23, 1996, 110 Stat. 2587; Pub. L. 105-85, div. A, title VII, 
Sec. 702, Nov. 18, 1997, 111 Stat. 1807.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1077(a)...............................  37:403(f).                           Ju
ne 7, 1956, ch. 374, Sec.
1077(b)...............................  37:403(g).                            1
03(f), (g), (h), 70 Stat. 251,
1077(c)...............................  37:403(h) (less clause (4)).          2
52.
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:
    Pub. L. 98-473, title I, Sec. 101(h) [title VIII, Sec. 8045], Oct. 
12, 1984, 98 Stat. 1904, 1931.
    Pub. L. 98-212, title VII, Sec. 752, Dec. 8, 1983, 97 Stat. 1447.
    Pub. L. 97-377, title I, Sec. 101(c) [title VII, Sec. 756], Dec. 21, 
1982, 96 Stat. 1833, 1860.
    Pub. L. 97-114, title VII, Sec. 759, Dec. 29, 1981, 95 Stat. 1588.
    Pub. L. 96-527, title VII, Sec. 763, Dec. 15, 1980, 94 Stat. 3092.
    Pub. L. 96-154, title VII, Sec. 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, Sec. 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 (Sec. 1973cc et seq.) of chapter 20 of 
Title 42, The Public Health and Welfare.


                               Amendments

    1997--Subsec. (a)(15). Pub. L. 105-85, Sec. 702(a), added cl. (15).
    Subsec. (b)(2). Pub. L. 105-85, Sec. 702(b), added par. (2) and 
struck out former par. (2) which read as follows: ``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.''
    1996--Subsec. (a)(14). Pub. L. 104-201 added cl. (14).
    1994--Subsec. (b)(2)(B). Pub. L. 103-337, Sec. 705, inserted ``, 
voice prostheses,'' after ``artificial limbs''.
    Subsec. (c). Pub. L. 103-337, Sec. 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, Sec. 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, Sec. 702(a), added subsec. (d).
    1985--Subsec. (c). Pub. L. 99-145 added subsec. (c).
    1984--Pub. L. 98-525, Sec. 1405(22), substituted a colon for the 
semicolon in section catchline.
    Subsec. (a)(10). Pub. L. 98-525, Sec. 633(a)(1), added cl. (10). 
Former cl. (10) ``Emergency dental care worldwide.'' was struck out.
    Subsec. (a)(11). Pub. L. 98-525, Sec. 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, Sec. 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, Sec. 633(a)(2), redesignated 
cls. (13) and (14) as cls. (11) and (12), respectively.
    Subsec. (b)(3). Pub. L. 98-525, Sec. 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.


    Provision of Domiciliary and Custodial Care for Certain CHAMPUS 
                              Beneficiaries

    Pub. L. 106-65, div. A, title VII, Sec. 703, Oct. 5, 1999, 113 Stat. 
682, as amended by Pub. L. 106-398, Sec. 1 [[div. A], title VII, Sec.  
701(a), (b), (c)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A-172, provided 
that:
    ``(a) Continuation of Care.--(1) The Secretary of Defense may, in 
any case in which the Secretary makes the determination described in 
paragraph (2), continue to provide payment under the Civilian Health and 
Medical Program of the Uniformed Services (as defined in section 1072 of 
title 10, United States Code), for domiciliary or custodial care 
services provided to an eligible beneficiary that would otherwise be 
excluded from coverage under regulations implementing section 1077(b)(1) 
of such title or by the prohibition in section 1086(d)(1) of such title.
    ``(2) A determination under this paragraph is a determination that 
discontinuation of payment for domiciliary or custodial care services or 
transition to provision of care under the individual case management 
program authorized by section 1079(a)(17) of such title would be--
        ``(A) inadequate to meet the needs of the eligible beneficiary; 
    and
        ``(B) unjust to such beneficiary.
    ``(3) As used in this section, the term `eligible beneficiary' means 
a covered beneficiary (as that term is defined in section 1072 of title 
10, United States Code) who, before the effective date of final 
regulations to implement the individual case management program 
authorized by section 1079(a)(17) of such title, were provided 
domiciliary or custodial care services for which the Secretary provided 
payment.
    ``(4) The Secretary may provide payment for domiciliary or custodial 
care services provided to an eligible beneficiary for which payment was 
discontinued by reason of section 1086(d) of title 10, United States 
Code, and subsequently reestablished under other legal authority. Such 
payment is authorized for the period beginning on the date of 
discontinuation of payment for domiciliary or custodial care services 
and ending on the date of reestablishment of payment for such services.
    ``(b) Prohibition on Establishment of Limited Transition Period.--
The Secretary of Defense shall not place a time limit on the period 
during which the custodial care exclusions of the Department of Defense 
may be waived as part of the case management program of the Department.
    ``(c) Survey of Case Management and Custodial Care Policies.--The 
Secretary of Defense shall conduct a survey of federally funded and 
State funded programs for the medical care and management of persons 
whose care is considered to be custodial in nature. The survey shall 
examine, but shall not be limited to--
        ``(1) a comparison of the case management program of the 
    Department of Defense with similar Federal and State programs; and
        ``(2) a comparison between the case management program of the 
    Department of Defense and the case management and custodial care 
    coverage offered by at least 10 of the most subscribed private 
    health insurance plans in the Federal Employees Health Benefits 
    Program (at least 5 of which shall be managed care organizations), 
    as determined in consultation with the Office of Personnel 
    Management.
    ``(d) Report on Survey of Case Management and Custodial Care 
Policies.--Not later than March 31, 2000, the Secretary shall submit a 
report on the survey required by subsection (c) to Congress. The 
Secretary shall include in the report any recommendations for 
legislative changes that the Secretary determines necessary to 
facilitate the case management of the Department of Defense, and a plan 
for any regulatory changes determined necessary by the Secretary. Such 
plan shall include any regulatory provisions that the Secretary 
determines necessary to address equitably the unique needs of the family 
members of active duty military personnel and to ensure the full 
integration of the case management program of the Department of Defense 
with other available family support services activities.
    ``(e) Cost Limitation.--The total amount paid for services for 
eligible beneficiaries under subsection (a) for a fiscal year (together 
with the costs of administering the authority under that subsection) 
shall be included in the expenditures limited by section 1079(a)(17)(B) 
of title 10, United States Code.''


                       Obstetrical Care Facilities

    Pub. L. 89-188, title VI, Sec. 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, Sec. 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.
