
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1105]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                   CHAPTER 55--MEDICAL AND DENTAL CARE
 
Sec. 1105. Specialized treatment facility program

    (a) Program Authorized.--The Secretary of Defense may conduct a 
specialized treatment facility program pursuant to regulations 
prescribed by the Secretary of Defense. The Secretary shall consult with 
the other administering Secretaries in prescribing regulations for the 
program and in conducting the program.
    (b) Facilities Authorized To Be Used.--Under the specialized 
treatment facility program, the Secretary may designate health care 
facilities of the uniformed services and civilian health care facilities 
as specialized treatment facilities.
    (c) Waiver of Nonemergency Health Care Restriction.--Under the 
specialized treatment facility program, the Secretary may waive, with 
regard to the provision of a particular service, the 40-mile radius 
restriction set forth in section 1079(a)(7) of this title if the 
Secretary determines that the use of a different geographical area 
restriction will result in a more cost-effective provision of the 
service.
    (d) Civilian Facility Service Area.--For purposes of the specialized 
treatment facility program, the service area of a civilian health care 
facility designated pursuant to subsection (b) shall be comparable in 
size to the service areas of facilities of the uniformed services.
    (e) Issuance of Nonavailability of Health Care Statements.--A 
covered beneficiary who resides within the service area of a specialized 
treatment facility designated under the specialized treatment facility 
program may be required to obtain a nonavailability of health care 
statement in the case of a specialized service offered by the facility 
in order for the covered beneficiary to receive the service outside of 
the program.
    (f) Payment of Costs Related to Care in Specialized Treatment 
Facilities.--(1) Subject to paragraph (2), in connection with the 
treatment of a covered beneficiary under the specialized treatment 
facility program, the Secretary may provide the following benefits:
        (A) Full or partial reimbursement of a member of the uniformed 
    services for the reasonable expenses incurred by the member in 
    transporting a covered beneficiary to or from a health care facility 
    of the uniformed services or a civilian health care facility at 
    which specialized health care services are provided pursuant to this 
    chapter.
        (B) Full or partial reimbursement of a person (including a 
    member of the uniformed services) for the reasonable expenses of 
    transportation, temporary lodging, and meals (not to exceed a per 
    diem rate determined in accordance with implementing regulations) 
    incurred by such person in accompanying a covered beneficiary as a 
    nonmedical attendant to a health care facility referred to in 
    subparagraph (A).
        (C) In-kind transportation, lodging, or meals instead of 
    reimbursements under subparagraph (A) or (B) for transportation, 
    lodging, or meals, respectively.

    (2) The Secretary may make reimbursements for or provide 
transportation, lodging, and meals under paragraph (1) in the case of a 
covered beneficiary only if the total cost to the Department of Defense 
of doing so and of providing the health care in such case is less than 
the cost to the Department of providing the health care to the covered 
beneficiary by other means authorized under this chapter.
    (g) Covered Beneficiary Defined.--In this section, the term 
``covered beneficiary'' means a person covered under section 1079 or 
1086 of this title.

(Added Pub. L. 102-190, div. A, title VII, Sec. 715(a), Dec. 5, 1991, 
105 Stat. 1403; amended Pub. L. 103-160, div. A, title VII, 
Sec. 716(a)(1), Nov. 30, 1993, 107 Stat. 1691; Pub. L. 104-106, div. A, 
title VII, Sec. 706, Feb. 10, 1996, 110 Stat. 373.)


                               Amendments

    1996--Subsec. (h). Pub. L. 104-106 struck out subsec. (h) which read 
as follows: ``Expiration of Program.--The Secretary may not carry out 
the specialized treatment facility program authorized by this section 
after September 30, 1995.''
    1993--Pub. L. 103-160 substituted ``Specialized treatment facility 
program'' for ``Issuance of nonavailability of health care statements'' 
as section catchline and amended text generally. Prior to amendment, 
text read as follows: ``In determining whether to issue a 
nonavailability of health care statement for any person entitled to 
health care in facilities of the uniformed services under this chapter, 
the commanding officer of such a facility may consider the availability 
of health care services for such person pursuant to any contract or 
agreement entered into under this chapter for the provision of health 
care services within the area served by that facility.''
