§1040 — Title 10 Armed Forces | U.S. Code

Summary

If a service member is on active duty more than 30 days and their dependent is with them outside the United States or in Alaska or Hawaii and needs medical care that is not available nearby, the United States will pay to move the dependent to the nearest place that can provide proper treatment. After recovery or when officials decide the patient should leave the hospital, the government will pay to return the dependent to the member’s duty station or to another suitable place. If the dependent cannot travel alone, the government may pay travel and transportation allowances for needed attendants under the rules in section 464 of title 37. Travel costs can include local trips near the medical facility and can be paid in advance. Childbirth anesthesia that matches what a U.S. military hospital would provide is covered. For dependents at remote locations outside the continental U.S. who need air travel for that care, the Secretary may approve travel to the continental U.S. to the nearest military hospital from the closest port of entry. The same return, attendant, and advance-pay rules apply. The government’s total cost for such travel cannot be more than it would have spent under the general rule above. The Secretary cannot approve this travel if the dependent could get the anesthesia at a military hospital and moving the case would harm that hospital’s ability to keep its obstetric staff skilled. Elective surgery that a designated medical authority says is not medically needed is not covered. “Dependent” means what section 1072 of this title defines.

Title 10, §1040

Armed Forces — Source: USLM XML via OLRC

(a)(1)Except as provided in subsection (b), if a dependent accompanying a member of the uniformed services who is stationed outside the United States or in Alaska or Hawaii and who is on active duty for a period of more than 30 days requires medical attention which is not available in the locality, transportation of the dependents at the expense of the United States is authorized to the nearest appropriate medical facility in which adequate medical care is available. On his recovery or when it is administratively determined that the patient should be removed from the medical facility involved, the dependent may be transported at the expense of the United States to the duty station of the member or to such other place determined to be appropriate under the circumstances. If a dependent is unable to travel unattended, travel and transportation allowances may be furnished to necessary attendants. The dependents and any attendants shall be furnished such travel and transportation allowances as specified in regulations prescribed under section 464 of title 37. Travel expenses authorized by this section may include reimbursement for necessary local travel in the vicinity of the medical facility involved. The transportation and travel expenses authorized by this section may be paid in advance.

(2)(A)Except as provided by subparagraph (E), for purposes of paragraph (1), required medical attention of a dependent includes, in the case of a dependent authorized to accompany a member at a location described in that paragraph, obstetrical anesthesia services for childbirth equivalent to the obstetrical anesthesia services for childbirth available in a military treatment facility in the United States.

(B)In the case of a dependent at a remote location outside the continental United States who elects services described in subparagraph (A) and for whom air transportation would be needed to travel under paragraph (1) to the nearest appropriate medical facility in which adequate medical care is available, the Secretary may authorize the dependent to receive transportation under that paragraph to the continental United States and be treated at the military treatment facility that can provide appropriate obstetrical services that is nearest to the closest port of entry into the continental United States from such remote location.

(C)The second through sixth sentences of paragraph (1) shall apply to a dependent provided transportation by reason of this paragraph.

(D)The total cost incurred by the United States for the provision of transportation and expenses (including per diem) with respect to a dependent by reason of this paragraph may not exceed the cost the United States would otherwise incur for the provision of transportation and expenses with respect to that dependent under paragraph (1) if the transportation and expenses were provided to that dependent without regard to this paragraph.

(E)The Secretary may not provide transportation to a dependent under this paragraph if the Secretary determines that—

(i)the dependent would otherwise receive obstetrical anesthesia services at a military treatment facility; and

(ii)such facility, in carrying out the required number of necessary obstetric cases, would not maintain competency of its obstetrical staff unless the facility provides such services to such dependent.

(b)This section does not authorize transportation and travel expenses for a dependent for elective surgery which is determined to be not medically indicated by a medical authority designated under joint regulations to be prescribed under this section.

(c)In this section, the term “dependent” has the meaning given that term in section 1072 of this title.

Notes & Related Subsidiaries

Editorial Notes

Codification Another section 1040 was renumbered section 1041 of this title. Another section 1040, related to free postage from combat zones, was added by Pub. L. 89–132, § 9(a), Aug. 21, 1965, 79 Stat. 548, prior to repeal by Pub. L. 89–315, § 3(a), Nov. 1, 1965, 79 Stat. 1164. See section 3401 et seq. of Title 39, Postal Service.

Amendments

2015—Subsec. (a)(2)(F). Pub. L. 114–92 struck out subpar. (F) which read as follows: “The authority under this paragraph shall expire on September 30, 2016.” 2014—Subsec. (a)(1). Pub. L. 113–291 substituted “37.” for “37..”. 2013—Subsec. (a)(1). Pub. L. 113–66, § 621(b)(1), substituted “travel and transportation allowances may be furnished to necessary attendants. The dependents and any attendants shall be furnished such travel and transportation allowances as specified in

Regulations

prescribed under section 464 of title 37.” for “round-trip transportation and travel expenses may be furnished necessary attendants. In addition to transportation of a dependent at the expense of the United States authorized under this subsection, reasonable travel expenses incurred in connection with the transportation of the dependent may be paid at the expense of the United States”. Subsec. (d). Pub. L. 113–66, § 621(b)(2), struck out subsec. (d) which read as follows: “Transportation and travel expenses authorized by this section shall be furnished in accordance with joint

Regulations

to be prescribed by the Secretary of Transportation, the Secretary of Defense, the Secretary of Commerce, and the Secretary of Health and Human Services, which shall require the use of transportation facilities of the United States insofar as practicable.” 2011—Subsec. (a). Pub. L. 112–81 designated existing provisions as par. (1) and added par. (2). 1986—Subsec. (a). Pub. L. 99–661 substituted “In addition to transportation of a dependent at the expense of the United States authorized under this subsection, reasonable travel expenses incurred in connection with the transportation of the dependent may be paid at the expense of the United States. Travel expenses authorized by this section may include reimbursement for necessary local travel in the vicinity of the medical facility involved. The transportation and travel expenses authorized by this section may be paid in advance” for “, and such expenses may be paid in advance”. Subsec. (c). Pub. L. 99–348 substituted “In this section, the term ‘dependent’ has the meaning given that term in” for “ ‘Dependent’ and ‘uniformed services’ in this section have the meanings of those terms as defined in”. 1984—Subsec. (a). Pub. L. 98–525, § 1405(21), substituted “30” for “thirty”. Pub. L. 98–525, § 611, made provisions of section applicable to a dependent accompanying a member of the uniformed services stationed in Alaska or Hawaii. 1983—Subsec. (a). Pub. L. 98–94 inserted “, and such expenses may be paid in advance” after “attendants”. 1980—Subsec. (d). Pub. L. 96–513 substituted “Secretary of Transportation” and “Secretary of Health and Human Services” for “Secretary of the Treasury” and “Secretary of Health, Education, and Welfare”, respectively.

Statutory Notes and Related Subsidiaries

Effective Date

of 1986 Amendment Pub. L. 99–661, div. A, title VI, § 616(b), Nov. 14, 1986, 100 Stat. 3880, provided that: “The amendment made by subsection (a) [amending this section] shall apply only to travel performed on or after the date of the enactment of this Act [Nov. 14, 1986].”

Effective Date

of 1984 Amendment Pub. L. 98–525, title VI, § 611, Oct. 19, 1984, 98 Stat. 2538, provided that the amendment made by that section is effective Oct. 1, 1984.

Effective Date

of 1983 Amendment Pub. L. 98–94, title IX, § 913(c), Sept. 24, 1983, 97 Stat. 640, provided that: “The

Amendments

made by subsections (a) and (b) [amending this section and section 1036 of this title] shall apply to travel performed by escorts or attendants of dependents on or after the date of the enactment of this Act [Sept. 24, 1983].”

Effective Date

of 1980 AmendmentAmendment 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.

§1040 Transportation of dependent patients

Summary

Title 10, §1040

Notes & Related Subsidiaries

Editorial Notes

Amendments

Regulations

Regulations

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Amendments

Effective Date

Citations & Metadata