
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: 10USC1085]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                   CHAPTER 55--MEDICAL AND DENTAL CARE
 
Sec. 1085. Medical and dental care from another executive 
        department: reimbursement
        
    If a member or former member of a uniformed service under the 
jurisdiction of one executive department (or a dependent of such a 
member or former member) receives inpatient medical or dental care in a 
facility under the jurisdiction of another executive department, the 
appropriation for maintaining and operating the facility furnishing the 
care shall be reimbursed at rates established by the President to 
reflect the average cost of providing the care.

(Added Pub. L. 85-861, Sec. 1(25)(B), Sept. 2, 1958, 72 Stat. 1450; 
amended Pub. L. 89-264, Sec. 1, Oct. 19, 1965, 79 Stat. 989; Pub. L. 96-
513, title V, Sec. 511(36), (37), Dec. 12, 1980, 94 Stat. 2923; Pub. L. 
98-94, title XII, Sec. 1268(6), Sept. 24, 1983, 97 Stat. 706; Pub. L. 
98-557, Sec. 19(12), Oct. 30, 1984, 98 Stat. 2870; Pub. L. 99-145, title 
XIII, Sec. 1303(a)(8), Nov. 8, 1985, 99 Stat. 739.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
1085..................................  37:421(d).                           Ju
ne 7, 1956, ch. 374, Sec.
                                                                              3
01(d), 70 Stat. 253.
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---------------------------------

    The words ``other than that of the member or former member 
concerned'' are substituted for the words ``that is not the service of 
which he is a member or retired member, or that is not the service of 
the member or retired member upon whom he is dependent''. The word 
``medical'' before the word ``facility'' is omitted to make clear that 
the provision also relates to dental care. The words ``pursuant to the 
provisions of this chapter'' are omitted as surplusage.


                            Prior Provisions

    A prior section 1085, act Aug. 10, 1956, ch. 1041, 70A Stat. 87, 
related to prevention of fraud, coercion, and undue influence, to free 
discussion, and to acts done in good faith, 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

    1985--Pub. L. 99-145 indented first line of text.
    1984--Pub. L. 98-557 substituted ``If a member or former member of a 
uniformed service under the jurisdiction of one executive department (or 
a dependent of such a member or former member) receives inpatient 
medical or dental care in a facility under the jurisdiction of another 
executive department, the appropriation for maintaining and operating 
the facility furnishing the care shall be reimbursed at rates 
established by the President to reflect the average cost of providing 
the care'' for ``If a member or former member of an armed force under 
the jurisdiction of a military department, or his dependent, receives 
inpatient medical or dental care in a facility under the jurisdiction of 
the Secretary of Health and Human Services, or if a member or former 
member of a uniformed service not under the jurisdiction of a military 
department, or his dependent, receives inpatient medical or dental care 
in a facility of an armed force under the jurisdiction of a military 
department, the appropriation for maintaining and operating the facility 
furnishing that care shall be reimbursed at rates established by the 
President to reflect the average cost of providing such care''.
    1983--Pub. L. 98-94 inserted a comma after ``If a member or former 
member of an armed force under the jurisdiction of a military 
department, or his dependent''.
    1980--Pub. L. 96-513 substituted ``Secretary of Health and Human 
Services'' for ``Secretary of Health, Education, and Welfare'', and 
``President'' for ``Bureau of the Budget''.
    1965--Pub. L. 89-264 substituted ``executive department'' for 
``uniformed service'' in section catchline, and provisions requiring 
reimbursement if a member or former member of an armed force under the 
jurisdiction of a military department, or his dependent receives care in 
a facility under the jurisdiction of Secretary of Health, Education, and 
Welfare, or if a member or former member of a uniformed service not 
under the jurisdiction of a military department, or his dependent, 
receives care in a facility of an armed force under the jurisdiction of 
a military department, for provisions which required reimbursement if a 
person received care in a facility of a uniformed service other than 
that of the member or former member concerned.


                    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.

                         Delegation of Functions

    Authority of President under this section to establish uniform rates 
of reimbursement for inpatient medical or dental care delegated to 
Secretary of Health and Human Services in respect of such care in a 
facility under his jurisdiction and to Secretary of Defense in respect 
of such care in a facility of an armed force under jurisdiction of a 
military department, see section 6 of Ex. Ord. No. 11609, July 22, 1971, 
36 F.R. 13747, set out as a note under section 301 of Title 3, The 
President.
