--- kind: "section" citation: "10 U.S.C. § 1080" title: "10" title_heading: "Armed Forces" number: "1080" heading: "Contracts for medical care for spouses and children: election of facilities" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/10/1080" units: - "Subtitle A — General Military Law" - "Part II — Personnel" - "Chapter 55 — Medical and Dental Care" --- # §1080. Contracts for medical care for spouses and children: election of facilities - (a) **Election.—** A [dependent](/usc/10/1072.md?p=2) covered by [section 1079 of this title](/usc/10/1079.md) may elect to receive inpatient medical care either in (1) the [facilities](/usc/10/2700.md?p=2) of the [uniformed services](/usc/10/1072.md?p=1), under the conditions prescribed by sections 1076–1078 of this title, or (2) the [facilities](/usc/10/2700.md?p=2) provided under a plan contracted for under [section 1079 of this title](/usc/10/1079.md). However, under such regulations as the [Secretary](/usc/10/4951.md?p=3) of Defense, after consulting the other [administering Secretaries](/usc/10/1072.md?p=3), may prescribe, the right to make this election may be limited for [dependents](/usc/10/1072.md?p=2) residing in the area where the member concerned is assigned, if adequate medical [facilities](/usc/10/2700.md?p=2) of the [uniformed services](/usc/10/1072.md?p=1) are available in that area for those [dependents](/usc/10/1072.md?p=2). - (b) **Issuance of Nonavailability-of-Health-Care Statements.—** In determining whether to issue a nonavailability-of-health-care statement for a [dependent](/usc/10/1072.md?p=2) described in [subsection (a)](#a), the [commanding officer](/usc/10/801.md?p=3) of a [facility](/usc/10/2700.md?p=2) of the [uniformed services](/usc/10/1072.md?p=1) may consider the availability of [health care](/usc/10/1072.md?p=10) services for the [dependent](/usc/10/1072.md?p=2) pursuant to any contract or agreement entered into under this chapter for the provision of [health care](/usc/10/1072.md?p=10) services. Notwithstanding any other provision of law, with respect to obstetrics and gynecological care for beneficiaries not enrolled in a managed care plan offered pursuant to any contract or agreement under this chapter, a nonavailability-of-health-care statement shall be required for receipt of [health care](/usc/10/1072.md?p=10) services related to outpatient prenatal, outpatient or inpatient delivery, and outpatient post-partum care subsequent to the visit which confirms the pregnancy. - (c) **Waivers and Exceptions to Requirements.—** - (1) A [covered beneficiary](/usc/10/1072.md?p=5) enrolled in a managed care plan offered pursuant to any contract or agreement under this chapter for the provision of [health care](/usc/10/1072.md?p=10) services shall not be required to obtain a nonavailability-of-health-care statement as a condition for the receipt of [health care](/usc/10/1072.md?p=10). - (2) The [Secretary](/usc/10/4951.md?p=3) of Defense may waive the requirement to obtain nonavailability-of-health-care statements following an evaluation of the effectiveness of such statements in optimizing the use of [facilities](/usc/10/2700.md?p=2) of the [uniformed services](/usc/10/1072.md?p=1). ## Source credit (Added Pub. L. 85–861, § 1(25)(B), Sept. 2, 1958, 72 Stat. 1449; amended Pub. L. 96–513, title V, § 511(36), Dec. 12, 1980, 94 Stat. 2923; Pub. L. 98–557, § 19(8), Oct. 30, 1984, 98 Stat. 2870; Pub. L. 103–160, div. A, title VII, § 716(b)(1), Nov. 30, 1993, 107 Stat. 1692; Pub. L. 104–201, div. A, title VII, § 734(a)(1), (b)(1), (c), Sept. 23, 1996, 110 Stat. 2598; Pub. L. 106–65, div. A, title VII, § 712(c), Oct. 5, 1999, 113 Stat. 687.) ## Notes | Historical and Revision Notes | | | | --- | --- | --- | | Revised section | Source (U.S. Code) | Source (Statutes at Large) | | 1080 | 37:411(c). | June 7, 1956, ch. 374, § 201(c), 70 Stat. 252. | The words “a plan contracted for under section 1079 of this title” are substituted for the words “such insurance, medical service, or health plan or plans as may be provided by the authority contained in this section”. The words “under the terms of this chapter” are omitted as surplusage. ### Editorial Notes ### Prior Provisions A prior section 1080, act Aug. 10, 1956, ch. 1041, 70A Stat. 85, related to style and marking of envelopes, inserts, return envelopes, and to weight of ballots, prior to repeal by Pub. L. 85–861, § 36B(5), Sept. 2, 1958, 72 Stat. 1570, as superseded by the Federal Voting Assistance Act of 1955 which is classified to subchapter I–D (§ 1973cc et seq.) of chapter 20 of Title 42, The Public Health and Welfare. ### Amendments 1999—Subsec. (b). Pub. L. 106–65 inserted at end “Notwithstanding any other provision of law, with respect to obstetrics and gynecological care for beneficiaries not enrolled in a managed care plan offered pursuant to any contract or agreement under this chapter, a nonavailability-of-health-care statement shall be required for receipt of health care services related to outpatient prenatal, outpatient or inpatient delivery, and outpatient post-partum care subsequent to the visit which confirms the pregnancy.” 1996—Subsec. (a). Pub. L. 104–201, § 734(a)(1), inserted “inpatient” before “medical care” in first sentence. Subsec. (b). Pub. L. 104–201, § 734(c), substituted “Nonavailability-of-Health-Care Statements” for “Nonavailability of Health Care Statements” in heading and “nonavailability-of-health-care statement” for “nonavailability of health care statement” in text. Subsec. (c). Pub. L. 104–201, § 734(b)(1), added subsec. (c). 1993—Pub. L. 103–160 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1984—Pub. L. 98–557 substituted reference to administering Secretaries for reference to Secretary of Health and Human Services. 1980—Pub. L. 96–513 substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”. ### Statutory Notes and Related Subsidiaries ### Effective Date of 1980 Amendment Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.