---
kind: "section"
citation: "10 U.S.C. § 1074j"
title: "10"
title_heading: "Armed Forces"
number: "1074j"
heading: "Sub-acute care program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/1074j"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 55 — Medical and Dental Care"
---

# §1074j. Sub-acute care program

- (a) **Establishment.—** The [Secretary](/usc/10/4951.md?p=3) of Defense shall establish an effective, efficient, and integrated sub-acute care benefits [program](/usc/10/2101.md?p=1) under this chapter (hereinafter referred to in this section as the “[program](/usc/10/2101.md?p=1)”). Except as otherwise provided in this section, the types of [health care](/usc/10/1072.md?p=10) authorized under the [program](/usc/10/2101.md?p=1) shall be the same as those provided under [section 1079 of this title](/usc/10/1079.md). The [Secretary](/usc/10/4951.md?p=3), after consultation with the other [administering Secretaries](/usc/10/1072.md?p=3), shall promulgate regulations to carry out this section.
- (b) **Benefits.—**
  - (1) The [program](/usc/10/2101.md?p=1) shall include a uniform skilled nursing [facility](/usc/10/2700.md?p=2) benefit that shall be provided in the manner and under the conditions described in section 1861 (h) and (i) of the Social Security Act ([42 U.S.C. 1395x](/usc/42/1395x.md) (h) and (i)), except that the limitation on the number of days of coverage under section 1812 (a) and (b) of such Act ([42 U.S.C. 1395d](/usc/42/1395d.md) (a) and (b)) shall not be applicable under the [program](/usc/10/2101.md?p=1). Skilled nursing [facility](/usc/10/2700.md?p=2) care for each spell of illness shall continue to be provided for as long as medically necessary and appropriate.
  - (2) In this subsection:
    - (A) The term “skilled nursing [facility](/usc/10/2700.md?p=2)” has the meaning given such term in section 1819(a) of the Social Security Act ([42 U.S.C. 1395i–3(a)](/usc/42/1395i–3.md?p=a)).
    - (B) The term “spell of illness” has the meaning given such term in section 1861(a) of such Act ([42 U.S.C. 1395x(a)](/usc/42/1395x.md?p=a)).
  - (3) The [program](/usc/10/2101.md?p=1) shall include a comprehensive, part-time or intermittent home [health care](/usc/10/1072.md?p=10) benefit that shall be provided in the manner and under the conditions described in section 1861(m) of the Social Security Act ([42 U.S.C. 1395x(m)](/usc/42/1395x.md?p=m)).
  - (4) The [Secretary](/usc/10/4951.md?p=3) of Defense may take such actions as are necessary to ensure that there is an effective transition in the furnishing of part-time or intermittent home [health care](/usc/10/1072.md?p=10) benefits for [covered beneficiaries](/usc/10/1072.md?p=5) who were receiving such benefits before the establishment of the [program](/usc/10/2101.md?p=1) under this section. The actions taken under this paragraph may include the continuation of such benefits on an extended basis for such time as the [Secretary](/usc/10/4951.md?p=3) determines appropriate.

## Source credit

(Added Pub. L. 107–107, div. A, title VII, § 701(a)(1), Dec. 28, 2001, 115 Stat. 1158; amended Pub. L. 108–375, div. A, title VII, § 713, Oct. 28, 2004, 118 Stat. 1985.)

## Notes

### Editorial Notes

### Amendments

2004—Subsec. (b)(4). Pub. L. 108–375 added par. (4).