
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: 10USC1101]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                   CHAPTER 55--MEDICAL AND DENTAL CARE
 
Sec. 1101. Resource allocation methods: capitation or diagnosis-
        related groups
        
    (a) Establishment of Capitation or DRG Method.--The Secretary of 
Defense, after consultation with the other administering Secretaries, 
shall establish by regulation the use of capitation or diagnosis-related 
groups as the primary criteria for allocation of resources to facilities 
of the uniformed services.
    (b) Exception for Mobilization Missions.--Capitation or diagnosis-
related groups shall not be used to allocate resources to the facilities 
of the uniformed services to the extent that such resources are required 
by such facilities for mobilization missions.
    (c) Content of Regulations.--Such regulations may establish a system 
of diagnosis-related groups similar to the system established under 
section 1886(d)(4) of the Social Security Act (42 U.S.C. 1395ww(d)(4)). 
Such regulations may include the following:
        (1) A classification of inpatient treatments by diagnosis-
    related groups and a similar classification of outpatient treatment.
        (2) A methodology for classifying specific treatments within 
    such groups.
        (3) An appropriate weighting factor for each such diagnosis-
    related group which reflects the relative resources used by a 
    facility of a uniformed service with respect to treatments 
    classified within that group compared to treatments classified 
    within other groups.
        (4) An appropriate method for calculating or estimating the 
    annual per capita costs of providing comprehensive health care 
    services to members of the uniformed services on active duty and 
    covered beneficiaries.

(Added Pub. L. 99-661, div. A, title VII, Sec. 701(a)(1), Nov. 14, 1986, 
100 Stat. 3897; amended Pub. L. 100-456, div. A, title XII, 
Sec. 1233(e)(1), Sept. 29, 1988, 102 Stat. 2057; Pub. L. 103-160, div. 
A, title VII, Sec. 714(a), (b)(1), Nov. 30, 1993, 107 Stat. 1690.)


                               Amendments

    1993--Pub. L. 103-160, Sec. 714(b)(1), substituted ``Resource 
allocation methods: capitation or diagnosis-related groups'' for 
``Diagnosis-related groups'' as section catchline.
    Subsec. (a). Pub. L. 103-160, Sec. 714(a)(1), substituted 
``Capitation or DRG Method'' for ``DRGs'' in heading and inserted 
``capitation or'' before ``diagnosis-related groups'' in text.
    Subsec. (b). Pub. L. 103-160, Sec. 714(a)(2), substituted 
``Capitation or diagnosis-related groups'' for ``Diagnosis-related 
groups''.
    Subsec. (c). Pub. L. 103-160, Sec. 714(a)(3), substituted ``may'' 
for ``shall'' in two places in introductory provisions and added par. 
(4).
    1988--Subsec. (c). Pub. L. 100-456 struck out ``(1)'' before ``Such 
regulations'' in introductory provisions.


                               Regulations

    Pub. L. 101-189, div. A, title VII, Sec. 724, Nov. 29, 1989, 103 
Stat. 1478, as amended by Pub. L. 102-190, div. A, title VII, Sec. 719, 
Dec. 5, 1991, 105 Stat. 1404, provided that: ``The regulations required 
by section 1101(a) of title 10, United States Code, to establish the use 
of diagnosis-related groups as the primary criteria for the allocation 
of resources to health care facilities of the uniformed services shall 
be prescribed to take effect not later than October 1, 1993, in the case 
of outpatient treatments.''
    Section 701(d)(4) of Pub. L. 99-661, as amended by Pub. L. 100-180, 
div. A, title VII, Sec. 724, Dec. 4, 1987, 101 Stat. 1116, provided 
that: ``The Secretary of Defense shall prescribe regulations as required 
by section 1101(a) of such title (as added by subsection (a)(1)) to take 
effect--
        ``(A) in the case of inpatient treatments, not later than 
    October 1, 1988; and
        ``(B) in the case of outpatient treatments, not later than 
    October 1, 1989.''
