
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1080]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                   CHAPTER 55--MEDICAL AND DENTAL CARE
 
Sec. 1080. Contracts for medical care for spouses and children: 
        election of facilities
        
    (a) Election.--A dependent covered by section 1079 of this title may 
elect to receive inpatient medical care either in (1) the facilities of 
the uniformed services, under the conditions prescribed by sections 
1076-1078 of this title, or (2) the facilities provided under a plan 
contracted for under section 1079 of this title. However, under such 
regulations as the Secretary of Defense, after consulting the other 
administering Secretaries, may prescribe, the right to make this 
election may be limited for dependents residing in the area where the 
member concerned is assigned, if adequate medical facilities of the 
uniformed services are available in that area for those dependents.
    (b) Issuance of Nonavailability-of-Health-Care Statements.--In 
determining whether to issue a nonavailability-of-health-care statement 
for a dependent described in subsection (a), the commanding officer of a 
facility of the uniformed services may consider the availability of 
health care services for the dependent pursuant to any contract or 
agreement entered into under this chapter for the provision of health 
care services. Notwithstanding any other provision of law, with respect 
to obstetrics and gynecological care for beneficiaries not enrolled in a 
managed care plan offered pursuant to any contract or agreement under 
this chapter, a nonavailability-of-health-care statement shall be 
required for receipt of health care services related to outpatient 
prenatal, outpatient or inpatient delivery, and outpatient post-partum 
care subsequent to the visit which confirms the pregnancy.
    (c) Waivers and Exceptions to Requirements.--(1) A covered 
beneficiary enrolled in a managed care plan offered pursuant to any 
contract or agreement under this chapter for the provision of health 
care services shall not be required to obtain a nonavailability-of-
health-care statement as a condition for the receipt of health care.
    (2) The Secretary of Defense may waive the requirement to obtain 
nonavailability-of-health-care statements following an evaluation of the 
effectiveness of such statements in optimizing the use of facilities of 
the uniformed services.

(Added Pub. L. 85-861, Sec. 1(25)(B), Sept. 2, 1958, 72 Stat. 1449; 
amended Pub. L. 96-513, title V, Sec. 511(36), Dec. 12, 1980, 94 Stat. 
2923; Pub. L. 98-557, Sec. 19(8), Oct. 30, 1984, 98 Stat. 2870; Pub. L. 
103-160, div. A, title VII, Sec. 716(b)(1), Nov. 30, 1993, 107 Stat. 
1692; Pub. L. 104-201, div. A, title VII, Sec. 734(a)(1), (b)(1), (c), 
Sept. 23, 1996, 110 Stat. 2598; Pub. L. 106-65, div. A, title VII, 
Sec. 712(c), Oct. 5, 1999, 113 Stat. 687.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
1080..................................  37:411(c).                           Ju
ne 7, 1956, ch. 374, Sec.
                                                                              2
01(c), 70 Stat. 252.
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---------------------------------

    The words ``a plan contracted for under section 1079 of this title'' 
are substituted for the words ``such insurance, medical service, or 
health plan or plans as may be provided by the authority contained in 
this section''. The words ``under the terms of this chapter'' are 
omitted as surplusage.


                            Prior Provisions

    A prior section 1080, act Aug. 10, 1956, ch. 1041, 70A Stat. 85, 
related to style and marking of envelopes, inserts, return envelopes, 
and to weight of ballots, 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

    1999--Subsec. (b). Pub. L. 106-65 inserted at end ``Notwithstanding 
any other provision of law, with respect to obstetrics and gynecological 
care for beneficiaries not enrolled in a managed care plan offered 
pursuant to any contract or agreement under this chapter, a 
nonavailability-of-health-care statement shall be required for receipt 
of health care services related to outpatient prenatal, outpatient or 
inpatient delivery, and outpatient post-partum care subsequent to the 
visit which confirms the pregnancy.''
    1996--Subsec. (a). Pub. L. 104-201, Sec. 734(a)(1), inserted 
``inpatient'' before ``medical care'' in first sentence.
    Subsec. (b). Pub. L. 104-201, Sec. 734(c), substituted 
``Nonavailability-of-Health-Care Statements'' for ``Nonavailability of 
Health Care Statements'' in heading and ``nonavailability-of-health-care 
statement'' for ``nonavailability of health care statement'' in text.
    Subsec. (c). Pub. L. 104-201, Sec. 734(b)(1), added subsec. (c).
    1993--Pub. L. 103-160 designated existing provisions as subsec. (a), 
inserted heading, and added subsec. (b).
    1984--Pub. L. 98-557 substituted reference to administering 
Secretaries for reference to Secretary of Health and Human Services.
    1980--Pub. L. 96-513 substituted ``Secretary of Health and Human 
Services'' for ``Secretary of Health, Education, and Welfare''.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1082, 1086 of this title.
