--- kind: "section" citation: "10 U.S.C. § 1079b" title: "10" title_heading: "Armed Forces" number: "1079b" heading: "Procedures for charging fees for care provided to civilians; retention and use of fees collected" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/10/1079b" units: - "Subtitle A — General Military Law" - "Part II — Personnel" - "Chapter 55 — Medical and Dental Care" --- # §1079b. Procedures for charging fees for care provided to civilians; retention and use of fees collected - (a) **Requirement To Implement Procedures.—** The [Secretary](/usc/10/4951.md?p=3) of Defense shall implement procedures under which a [military](/usc/10/801.md?p=8) medical treatment [facility](/usc/10/2700.md?p=2) may charge civilians who are not [covered beneficiaries](/usc/10/1072.md?p=5) (or their insurers) fees representing the costs, as determined by the [Secretary](/usc/10/4951.md?p=3), of trauma and other medical care provided to such civilians. - (b) **Waiver of Fees.—** The Director of the Defense Health [Agency](/usc/10/3451.md?p=3) may issue a waiver for a fee that would otherwise be charged under the procedures implemented under [subsection (a)](#a) to a civilian provided medical care who is not a [covered beneficiary](/usc/10/1072.md?p=5) if the provision of such care enhances the knowledge, skills, and abilities of [health care](/usc/10/1072.md?p=10) providers, as determined by the Director of the Defense Health [Agency](/usc/10/3451.md?p=3). - (c) **Modified Payment Plan for Certain Civilians.—** - (1) - (A) If a civilian specified in [subsection (a)](#a) is covered by a covered payer at the time care under this section is provided, the civilian shall only be responsible to [pay](/usc/10/101.md?p=a-15) the standard copays, coinsurance, deductibles, or nominal fees that are otherwise applicable under the covered payer plan. - (B) Except with respect to the copays, coinsurance, deductibles, and nominal fees specified in [subparagraph (A)](#c-1-A)— - (i) the [Secretary](/usc/10/4951.md?p=3) of Defense may bill only the covered payer for care provided to a civilian described in [subparagraph (A)](#c-1-A); and - (ii) payment received by the [Secretary](/usc/10/4951.md?p=3) from the covered payer of a civilian for care provided under this section that is provided to the civilian shall be considered payment in full for such care. - (2) If a civilian specified in [subsection (a)](#a) does not meet the criteria under [paragraph (1)](#c-1), is underinsured, or has a remaining balance and is at risk of financial harm, the Director of the Defense Health [Agency](/usc/10/3451.md?p=3) shall reduce each fee that would otherwise be charged to the civilian under this section according to a sliding fee discount [program](/usc/10/2101.md?p=1), as prescribed by the Director of the Defense Health [Agency](/usc/10/3451.md?p=3). - (3) If a civilian specified in [subsection (a)](#a) does not meet the criteria under paragraph [(1)](#c-1) or [(2)](#c-2), the Director of the Defense Health [Agency](/usc/10/3451.md?p=3) shall implement an additional catastrophic waiver to prevent severe financial harm. - (4) The modified payment plan under this subsection may not be administered by a Federal [agency](/usc/10/3451.md?p=3) other than the [Department](/usc/10/101.md?p=a-6) of Defense. - (d) **Use of Fees Collected.—** A [military](/usc/10/801.md?p=8) medical treatment [facility](/usc/10/2700.md?p=2) may retain and use the amounts collected under [subsection (a)](#a) for— - (1) trauma consortium activities; - (2) administrative, operating, and equipment costs; and - (3) readiness [training](/usc/10/301.md?p=9). - (e) **Definitions.—** In this section: - (1) The term “covered payer” means a third-party payer or other insurance, medical service, or health plan. - (2) The terms “third-party payer” and “insurance, medical service, or health plan” have the meaning given those terms in [section 1095(h) of this title](/usc/10/1095.md?p=h). ## Source credit (Added Pub. L. 107–107, div. A, title VII, § 732(a)(1), Dec. 28, 2001, 115 Stat. 1169; amended Pub. L. 116–283, div. A, title VII, § 702, Jan. 1, 2021, 134 Stat. 3686; Pub. L. 117–263, div. A, title VII, § 716(a), (b), Dec. 23, 2022, 136 Stat. 2661.) ## Notes ### Editorial Notes ### Amendments 2022—Subsec. (b). Pub. L. 117–263, § 716(a)(1), amended subsec. (b) generally. Prior to amendment, text read as follows: “The Secretary may waive a fee that would otherwise be charged under the procedures implemented under subsection (a) to a civilian who is not a covered beneficiary if— “(1) the civilian is unable to pay for the costs of the trauma or other medical care provided to the civilian (including any such costs remaining after the Secretary receives payment from an insurer for such care, as applicable); and “(2) the provision of such care enhances the knowledge, skills, and abilities of health care providers, as determined by the Secretary.” Subsecs. (c), (d). Pub. L. 117–263, § 716(a)(2), (b)(1), added subsec. (c) and redesignated former subsec. (c) as (d). Subsec. (e). Pub. L. 117–263, § 716(b)(2), added subsec. (e). 2021—Subsecs. (b), (c). Pub. L. 116–283 added subsec. (b) and redesignated former subsec. (b) as (c). ### Statutory Notes and Related Subsidiaries ### Effective Date of 2022 Amendment Pub. L. 117–263, div. A, title VII, § 716(c), Dec. 23, 2022, 136 Stat. 2661, provided that: “The amendments made by subsections (a) and (b) [amending this section] shall apply with respect to care provided on or after the date that is 180 days after the date of the enactment of this Act [Dec. 23, 2022].” ### Improved Implementation of Financial Relief for Civilians Treated in Military Medical Treatment Facilities Pub. L. 118–159, div. A, title VII, § 717, Dec. 23, 2024, 138 Stat. 1949, provided that: Final Rule Required.—The Secretary of Defense shall issue a final rule (or interim final rule) to implement as soon as possible after the date of the enactment of this Act [Dec. 23, 2024] section 1079b of title 10, United States Code.Treatment of Claims.— In general.—Except as provided in paragraph (2), the Secretary shall hold in abeyance any claims under section 1079b of title 10, United States Code, until the final rule (or interim final rule) required under subsection (a) is in effect. Exception.—Paragraph (1) does not apply to— claims to third-party payers; or administrative support provided to the Secretary by another Federal agency to assist the Secretary in the administration of section 1079b of title 10, United States Code.” ### Deadline for Implementation Pub. L. 107–107, div. A, title VII, § 732(b), Dec. 28, 2001, 115 Stat. 1170, directed the Secretary of Defense to begin to implement the procedures required by subsec. (a) of this section not later than one year after Dec. 28, 2001.