§1076. Medical and dental care for dependents: general rule
(a)(1) A dependent described in paragraph (2) is entitled, upon request, to the medical and dental care prescribed by section 1077 of this title in facilities of the uniformed services, subject to the availability of space and facilities and the capabilities of the medical and dental staff.
(2) A dependent referred to in paragraph (1) is a dependent of a member of a uniformed service described in one of the following subparagraphs:
(A) A member who is on active duty for a period of more than 30 days or died while on that duty.
(B) A member who died from an injury, illness, or disease incurred or aggravated-
(i) while the member was on active duty under a call or order to active duty of 30 days or less, on active duty for training, or on inactive-duty training; or
(ii) while the member was traveling to or from the place at which the member was to perform, or had performed, such active duty, active duty for training, or inactive-duty training.
(C) A member who died from an injury, illness, or disease incurred or aggravated in the line of duty while the member remained overnight immediately before the commencement of inactive-duty training, or while the member remained overnight between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training.
(D) A member on active duty who is entitled to benefits under subsection (e) of section 1074a of this title by reason of paragraph (1), (2), or (3) of subsection (a) of such section.
(E) A member who died from an injury, illness, or disease incurred or aggravated while the member-
(i) was serving on funeral honors duty under section 12503 of this title or section 115 of title 32;
(ii) was traveling to or from the place at which the member was to so serve; or
(iii) remained overnight at or in the vicinity of that place immediately before so serving, if the place is outside reasonable commuting distance from the member's residence.
(b) Under regulations to be prescribed jointly by the administering Secretaries, a dependent of a member or former member-
(1) who is, or (if deceased) was at the time of his death, entitled to retired or retainer pay or equivalent pay; or
(2) who died before attaining age 60 and at the time of his death would have been eligible for retired pay under chapter 1223 of this title (or under chapter 67 of this title as in effect before December 1, 1994) but for the fact that he was under 60 years of age;
may, upon request, be given the medical and dental care prescribed by section 1077 of this title in facilities of the uniformed services, subject to the availability of space and facilities and the capabilities of the medical and dental staff, except that a dependent of a member or former member described in paragraph (2) may not be given such medical or dental care until the date on which such member or former member would have attained age 60.
(c) A determination by the medical or dental officer in charge, or the contract surgeon in charge, or his designee, as to the availability of space and facilities and to the capabilities of the medical and dental staff is conclusive. Care under this section may not be permitted to interfere with the primary mission of those facilities.
(d) To utilize more effectively the medical and dental facilities of the uniformed services, the administering Secretaries shall prescribe joint regulations to assure that dependents entitled to medical or dental care under this section will not be denied equal opportunity for that care because the facility concerned is that of a uniformed service other than that of the member.
(e)(1) Subject to paragraph (3), the administering Secretary shall furnish an abused dependent of a former member of a uniformed service described in paragraph (4), during that period that the abused dependent is in receipt of transitional compensation under section 1059 of this title, with medical and dental care, including mental health services, in facilities of the uniformed services in accordance with the same eligibility and benefits as were applicable for that abused dependent during the period of active service of the former member.
(2) Subject to paragraph (3), upon request of any dependent of a former member of a uniformed service punished for an abuse described in paragraph (4), the administering Secretary for such uniformed service may furnish medical care in facilities of the uniformed services to the dependent for the treatment of any adverse health condition resulting from such dependent's knowledge of (A) the abuse, or (B) any injury or illness suffered by the abused person as a result of such abuse.
(3) Medical and dental care furnished to a dependent of a former member of the uniformed services in facilities of the uniformed services under paragraph (1) or (2)-
(A) shall be limited to the health care prescribed by section 1077 of this title; and
(B) shall be subject to the availability of space and facilities and the capabilities of the medical and dental staff.
(4)(A) A former member of a uniformed service referred to in paragraph (1) is a member who-
(i) received a dishonorable or bad-conduct discharge or was dismissed from a uniformed service as a result of a court-martial conviction for an offense, under either military or civil law, involving abuse of a dependent of the member; or
(ii) was administratively discharged from a uniformed service as a result of such an offense.
(B) A determination of whether an offense involved abuse of a dependent of the member shall be made in accordance with regulations prescribed by the administering Secretary for such uniformed service.
(f)(1) The administering Secretaries shall furnish an eligible dependent a physical examination that is required by a school in connection with the enrollment of the dependent as a student in that school.
(2) A dependent is eligible for a physical examination under paragraph (1) if the dependent-
(A) is entitled to receive medical care under subsection (a) or is authorized to receive medical care under subsection (b); and
(B) is at least 5 years of age and less than 12 years of age.
(3) Nothing in paragraph (2) may be construed to prohibit the furnishing of a school-required physical examination to any dependent who, except for not satisfying the age requirement under that paragraph, would otherwise be eligible for a physical examination required to be furnished under this subsection.
(Added
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1076(a) 1076(b) |
37:402(a)(2) (as applicable to 37:403(a)). 37:403(a) (1st sentence). 37:402(a)(3) (as applicable to 37:421(c)). 37:421(c) (less last 28 words). |
June 7, 1956, ch. 374, §§102(a)(2) (as applicable to §103(a)), (3) (as applicable to §301(c)), 103(a), (b), 301(c), |
| 1076(c) | 37:403(a) (less 1st sentence). | |
| 37:421(c) (last 28 words). | ||
| 1076(d) | 37:403(b). |
Appropriate references are made to dental care throughout the section to reflect the fact that in certain limited situations dependents are entitled to dental care under 37:403(h)(4), restated as section 1077 of this title.
In subsection (a), the words "appointed, enlisted, inducted or called, ordered or conscripted in a uniformed service" are omitted as surplusage, since it does not matter how a member became a member. The words "active duty for a period of more than 30 days" are substituted for the words "active duty or active duty for training pursuant to a call or order that does not specify a period of thirty days or less" to reflect section 101(22) and (23) of this title.
In subsection (b), the words "active duty (other than for training)" are substituted for the words "active duty as defined in section 901(b) of title 50" to reflect section 101(22) of this title. The words "retirement" and "retirement pay" are omitted as surplusage.
In subsection (c), 37:421(c) (last 28 words) is omitted as unnecessary since this subsection and section 1077 of this title are written so as to apply to subsection (b) as well as subsection (a).
In subsection (d), the words "because the facility concerned is that of a uniformed service other than that of the member" is substituted for the words "because of the service affiliation of the service member".
Editorial Notes
References in Text
Chapter 67 of this title as in effect before December 1, 1994, referred to in subsec. (b)(2), means chapter 67 (§1331 et seq.) of this title prior to its transfer to part II of subtitle E of this title, its renumbering as chapter 1223, and its general revision by section 1662(j)(1) of
Prior Provisions
A prior section 1076, act Aug. 10, 1956, ch. 1041,
Amendments
2001-Subsec. (a)(2)(C).
2000-Subsec. (f).
1999-Subsec. (a)(2)(D).
Subsec. (a)(2)(E).
1998-Subsec. (e)(1).
Subsec. (e)(3).
1997-Subsec. (a)(2).
"(A) who is on active duty for a period of more than 30 days or who died while on that duty; or
"(B) who died from an injury, illness, or disease incurred or aggravated-
"(i) while on active duty under a call or order to active duty of 30 days or less, on active duty for training, or on inactive duty training; or
"(ii) while traveling to or from the place at which the member is to perform, or has performed, such active duty, active duty for training, or inactive duty training."
Subsec. (b).
1996-Subsec. (b).
Subsec. (b)(2).
1994-Subsec. (b)(2)(A).
Subsec. (e)(1).
"(A) a member of a uniformed service receives a dishonorable or bad-conduct discharge or is dismissed from a uniformed service as a result of a court-martial conviction for an offense involving abuse of a dependent of the member, as determined in accordance with regulations prescribed by the administering Secretary for such uniformed service; and
"(B) the abused dependent needs medical or dental care for an injury or illness resulting from the abuse,
the administering Secretary may, upon request of the abused dependent, furnish medical or dental care to the dependent for the treatment of such injury or illness in facilities of the uniformed services."
Subsec. (e)(2).
Subsec. (e)(3).
Subsec. (e)(4).
1989-Subsec. (e)(3)(C).
Subsec. (f).
"(1) A person described in paragraph (2) shall be considered a dependent for purposes of this section for a period of one year after the date of the person's final decree of divorce, dissolution, or annulment. In addition, if such a person purchases a conversion health policy within the one-year period referred to in the preceding sentence, such person shall be entitled, upon request, to medical and dental care prescribed by section 1077 of this title for a period of one year after the purchase of the policy for any condition of the person that existed on the date on which coverage under the policy begins and for which care is not provided under that policy.
"(2) A person referred to in paragraph (1) is a person who would qualify as a dependent under section 1072(2)(G) but for the fact that the person's final decree of divorce, dissolution, or annulment is dated on or after April 1, 1985.
"(3) In this subsection, the term 'conversion health policy' means a health insurance plan with a private insurer, developed through negotiations between the Secretary of Defense and a private insurer, that is available for purchase by or for the use of persons described in paragraph (2)."
1988-Subsec. (f).
1986-Subsec. (a)(2)(B).
Subsec. (e).
1985-Subsec. (a).
1984-Subsecs. (b), (d).
1982-Subsec. (b).
1980-Subsecs. (b), (d).
1978-Subsec. (b).
1966-Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1997 Amendment
Effective Date of 1996 Amendment
Effective Date of 1994 Amendment
Amendment by section 1671(c)(7)(A) of
Effective Date of 1989 Amendment
Amendment by section 731(c)(1) of
Effective Date of 1988 Amendment
Effective Date of 1986 Amendment
Amendment by section 604 of
Effective Date of 1985 Amendment
Effective Date of 1982 Amendment; Transition Provisions
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1978 Amendment
Effective Date of 1966 Amendment
For effective date of amendment by
Stipend for Members of Reserve Components for Health Care for Certain Dependents
"(1) the dependent of the member was receiving treatment for the special health care need before the call or order to active duty of the member; and
"(2) the call or order to active duty would result in an interruption in treatment or a change in health care provider for such treatment."
Transitional Health Care for Members, or Dependents of Members, Upon Release of Member From Active Duty in Connection With Operation Desert Storm
"(a)
"(1) 30 days after the date of the release of the member from active duty; or
"(2) the date on which the member and the dependents of the member are covered by a health plan sponsored by an employer.
"(b)
"(1) is a member of a reserve component of the Armed Forces and is called or ordered to active duty under chapter 39 of title 10, United States Code, in connection with Operation Desert Storm;
"(2) is involuntarily retained on active duty under section 673c [now 12305] of title 10, United States Code, in connection with Operation Desert Storm; or
"(3) voluntarily agrees to remain on active duty for a period of less than one year in connection with Operation Desert Storm.
"(c)
"(1) medical and dental care under section 1076 of title 10, United States Code, in the same manner as a dependent described in subsection (a)(2) of that section; and
"(2) health benefits contracted under the authority of section 1079(a) of that title and subject to the same rates and conditions as apply to persons covered under that section.
"(d)
Dependent; Qualification As; Transition