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U.S.C.
Notes

§1076. Medical and dental care for dependents: general rule — Inbound Citations

10 U.S.C. § 1076

Cited by 31 provisions in release 119-102.

Citations to 10 U.S.C. § 1076 as a whole

  • 10 U.S.C. § 1077(a)
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    (a) Only the following types of health care may be provided under section 1076 of this title:
    (1) Hospitalization.
    (2) Outpatient care.
    (3) Drugs, including, in accordance with subsection (h), medically necessary vitamins.
    (4) Treatment of medical and surgical conditions.
    (5) Treatment of nervous, mental, and chronic conditions.
    (6) Treatment of contagious diseases.
    (7) Physical examinations, including eye examinations, and immunizations.
    (8) Maternity and infant care, including well-baby care that includes one screening of an infant for the level of lead in the blood of the infant.
    (9) Diagnostic tests and services, including laboratory and X-ray examinations.
    (10) Dental care.
    (11) Ambulance service and home calls when medically necessary.
    (12) Durable equipment, which may be provided on a loan basis.
    (13) Primary and preventive health care services for women (as defined in section 1074d(b) of this title).
    (14) Preventive health care screening for colon or prostate cancer, at the intervals and using the screening methods prescribed under section 1074d(a)(2) of this title.
    (15) Prosthetic devices, as determined by the Secretary of Defense to be necessary because of significant conditions resulting from trauma, congenital anomalies, or disease.
    (16) Except as provided by subsection (g), a hearing aid, but only if the dependent has a profound hearing loss, as determined under standards prescribed in regulations by the Secretary of Defense in consultation with the administering Secretaries, and only for the following dependents:
    (A) A dependent of a member of the uniformed services on active duty.
    (B) A dependent under subparagraph (D) or (I) of section 1072(2) of this title of a former member of the uniformed services who—
    (i) is entitled to retired or retainer pay, or equivalent pay; and
    (ii) is enrolled in family coverage under TRICARE Prime.
    (17) Any rehabilitative therapy to improve, restore, or maintain function, or to minimize or prevent deterioration of function, of a patient when prescribed by a physician.
    (18) In accordance with subsection (h), medically necessary food and the medical equipment and supplies necessary to administer such food (other than durable medical equipment and supplies).
  • 10 U.S.C. § 1077(b)
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    (b) The following types of health care may not be provided under section 1076 of this title:
    (1) Domiciliary or custodial care.
    (2) Orthopedic footwear and spectacles, except that, outside of the United States and at stations inside the United States where adequate civilian facilities are unavailable, such items may be sold to dependents at cost to the United States.
    (3) The elective correction of minor dermatological blemishes and marks or minor anatomical anomalies.
  • 10 U.S.C. § 1077(d)(1)
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    (1) Notwithstanding subsection (b)(1), hospice care may be provided under section 1076 of this title in facilities of the uniformed services to a terminally ill patient who chooses (pursuant to regulations prescribed by the Secretary of Defense in consultation with the other administering Secretaries) to receive hospice care rather than continuing hospitalization or other health care services for treatment of the patient’s terminal illness.
  • 10 U.S.C. § 1078(a)
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    (a) The Secretary of Defense, after consulting the other administering Secretaries, shall prescribe fair charges for inpatient medical and dental care given to dependents under section 1076 of this title. The charge or charges prescribed shall be applied equally to all classes of dependents.
  • 10 U.S.C. § 1078(b)
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    (b) As a restraint on excessive demands for medical and dental care under section 1076 of this title, uniform minimal charges may be imposed for outpatient care. Charges may not be more than such amounts, if any, as the Secretary of Defense may prescribe after consulting the other administering Secretaries, and after a finding that such charges are necessary.
  • 10 U.S.C. § 1078(c)
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    (c) Amounts received for subsistence and medical and dental care given under section 1076 of this title shall be deposited to the credit of the appropriation supporting the maintenance and operation of the facility furnishing the care.
  • 10 U.S.C. § 1079(a)
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    (a) To assure that medical care is available for dependents, as described in subparagraphs (A), (D), and (I) of section 1072(2) of this title, of members of the uniformed services who are on active duty for a period of more than 30 days, the Secretary of Defense, after consulting with the other administering Secretaries, shall contract, under the authority of this section, for medical care for those persons under such insurance, medical service, or health plans as he considers appropriate. The types of health care authorized under this section shall be the same as those provided under section 1076 of this title, except as follows:
    (1) With respect to dental care—
    (A) except as provided in subparagraph (B), only that care required as a necessary adjunct to medical or surgical treatment may be provided; and
    (B) in connection with dental treatment for patients with developmental, mental, or physical disabilities or for pediatric patients age 5 or under, only institutional and anesthesia services may be provided.
    (2) Consistent with such regulations as the Secretary of Defense may prescribe regarding the content of health promotion and disease prevention visits, the schedule and method of cervical cancer screenings and breast cancer screenings, the schedule and method of colon and prostate cancer screenings, and the types and schedule of immunizations—
    (A) for dependents under six years of age, both health promotion and disease prevention visits and immunizations may be provided; and
    (B) for dependents six years of age or older, health promotion and disease prevention visits may be provided in connection with immunizations or with diagnostic or preventive cervical and breast cancer screenings or colon and prostate cancer screenings.
    (3) Not more than one eye examination may be provided to a patient in any calendar year.
    (4) Under joint regulations to be prescribed by the administering Secretaries, the services of Christian Science practitioners and nurses and services obtained in Christian Science sanatoriums may be provided.
    (5) Durable equipment provided under this section may be provided on a rental basis.
    (6) Services in connection with nonemergency inpatient hospital care may not be provided if such services are available at a facility of the uniformed services located within a 40-mile radius of the residence of the patient, except that those services may be provided in any case in which another insurance plan or program provides primary coverage for those services.
    (7) Services of pastoral counselors, family and child counselors, or marital counselors (other than certified marriage and family therapists) may not be provided unless the patient has been referred to the counselor by a medical doctor for treatment of a specific problem with the results of that treatment to be communicated back to the medical doctor who made the referral and services of certified marriage and family therapists may be provided consistent with such rules as may be prescribed by the Secretary of Defense, including credentialing criteria and a requirement that the therapists accept payment under this section as full payment for all services provided.
    (8) Special education may not be provided, except when provided as secondary to the active psychiatric treatment on an institutional inpatient basis.
    (9) Therapy or counseling for sexual dysfunctions or sexual inadequacies may not be provided.
    (10) Treatment of obesity may not be provided if obesity is the sole or major condition treated.
    (11) Surgery which improves physical appearance but is not expected to significantly restore functions (including mammary augmentation, face lifts, and sex gender changes) may not be provided, except that—
    (A) breast reconstructive surgery following a mastectomy may be provided;
    (B) reconstructive surgery to correct serious deformities caused by congenital anomalies or accidental injuries may be provided; and
    (C) neoplastic surgery may be provided.
    (12) Any service or supply which is not medically or psychologically necessary to prevent, diagnose, or treat a mental or physical illness, injury, or bodily malfunction as assessed or diagnosed by a physician, dentist, clinical psychologist, certified marriage and family therapist, optometrist, podiatrist, certified nurse-midwife, certified nurse practitioner, certified clinical social worker, or other class of provider as designated by the Secretary of Defense, as appropriate, may not be provided, except as authorized in paragraph (4). Pursuant to an agreement with the Secretary of Health and Human Services and under such regulations as the Secretary of Defense may prescribe, the Secretary of Defense may waive the operation of this paragraph in connection with clinical trials sponsored or approved by the National Institutes of Health if the Secretary of Defense determines that such a waiver will promote access by covered beneficiaries to promising new treatments and contribute to the development of such treatments.
    (13) The prohibition contained in section 1077(b)(3) of this title shall not apply in the case of a member or former member of the uniformed services.
    (14) Electronic cardio-respiratory home monitoring equipment (apnea monitors) for home use may be provided if a physician prescribes and supervises the use of the monitor for an infant—
    (A) who has had an apparent life-threatening event,
    (B) who is a subsequent sibling of a victim of sudden infant death syndrome,
    (C) whose birth weight was 1,500 grams or less, or
    (D) who is a pre-term infant with pathologic apnea,
    in which case the coverage may include the cost of the equipment, hard copy analysis of physiological alarms, professional visits, diagnostic testing, family training on how to respond to apparent life threatening events, and assistance necessary for proper use of the equipment.
    (15) Hospice care may be provided only in the manner and under the conditions provided in section 1861(dd) of the Social Security Act (42 U.S.C. 1395x(dd)), except that hospice care may be provided to an individual under the age of 21 concurrently with health care services or hospitalization for the same condition.
    (16) Forensic examinations following a sexual assault or domestic violence may be provided.
    (17) Breastfeeding support, supplies (including breast pumps and associated equipment), and counseling shall be provided as appropriate during pregnancy and the postpartum period.
    (18) Treatment for eating disorders may be provided in accordance with subsection (r).
    (19) Preconception and prenatal carrier screening tests shall be provided to eligible covered beneficiaries, with a limit per beneficiary of one test per condition per lifetime, for the following conditions:
    (A) Cystic Fibrosis.
    (B) Spinal Muscular Atrophy.
    (C) Fragile X Syndrome.
    (D) Tay-Sachs Disease.
    (E) Hemoglobinopathies.
    (F) Conditions linked with Ashkenazi Jewish descent.
    (20) Medical interventions for the treatment of gender dysphoria that could result in sterilization may not be provided to a child under the age of 18.
  • 10 U.S.C. § 1086a(b)(1)
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    (1) Subject to paragraph (2), if a person who is a dependent for a one-year period under section 1072(2)(H) of this title purchases a conversion health policy within that period (or within a reasonable time after that period as prescribed by the Secretary of Defense), the person shall continue to be eligible for medical and dental care in the manner described in section 1076 of this title and health benefits under section 1086 of this title until the end of the 24-month period beginning on the later of—
    (A) the date the person is no longer a dependent under section 1072(2)(H) of this title; and
    (B) the date of the purchase of the policy.
  • 10 U.S.C. § 1094(d)(4)
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    (4) To the extent provided in regulations prescribed by the Secretary for the purpose of assuring the availability of high-quality mental health care services to members of the armed forces and dependents entitled to health care under section 1076 of this title, a health care professional referred to in paragraph (1) as being described in this paragraph is a mental health provider providing care through a network under the TRICARE program who—
    (A) has a current license to practice as a mental health care professional;
    (B) is providing tele-mental health care services to members of the armed forces or such dependents; and
    (C) is providing such services under terms and conditions specified by the Secretary (which shall establish the scope of authorized Federal duties for purposes of paragraph (1)).
  • 10 U.S.C. § 1095a(b)
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    (b) In the case of any person who is eligible for medical care under section 1074 or 1076 of this title, such regulations shall require that, whenever practicable, such care be provided in a facility of the uniformed services.
  • 10 U.S.C. § 1097(c)
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    (c) The Secretary of Defense may provide for the coordination of health care services provided pursuant to any contract or agreement under this section with those services provided in medical treatment facilities of the uniformed services. Subject to the availability of space and facilities and the capabilities of the medical or dental staff, the Secretary may not deny access to facilities of the uniformed services to a covered beneficiary on the basis of whether the beneficiary enrolled or declined enrollment in any program established under, or operating in connection with, any contract under this section. Notwithstanding the preferences established by sections 1074(b) and 1076 of this title, the Secretary shall, as an incentive for enrollment, establish reasonable preferences for services in facilities of the uniformed services for covered beneficiaries enrolled in any program established under, or operating in connection with, any contract under this section.
  • 10 U.S.C. § 1099(d)(1)
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    (1) A member or former member of the uniformed services, or a dependent thereof, eligible for medical care and dental care under section 1074(b) or 1076 of this title shall pay a premium for coverage under this chapter.
  • 10 U.S.C. § 1145(a)(1)(A)
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    (A) except as provided in paragraph (3), medical and dental care under section 1076 of this title in the same manner as a dependent described in subsection (a)(2) of such section; and

Citations to §1076(a)

Citations to §1076(a)(2)

Citations to §1076(a)(2)(A)

Citations to §1076(a)(2)(B)

Citations to §1076(b)

Citations to §1076(b)(1)

Citations to §1076(e)