Title 10, Armed ForcesRelease 119-110

§1074j Sub-acute Care Program

Title 10 › Subtitle A — General Military Law › PART II — PERSONNEL › CHAPTER 55 — MEDICAL AND DENTAL CARE › § 1074j

Last updated Sep 22, 2026|Official source

Summary

The Secretary of Defense must set up a sub-acute care benefits program that joins with existing military health benefits. The Secretary will write rules to run the program after talking with the other service secretaries. The program provides the same kinds of care as under the cited military health law and adds two main benefits: skilled nursing facility care given under the Social Security Act rules at 1861(h) and (i) (but the day limits in 1812(a) and (b) do not apply), and part‑time or intermittent home health care under 1861(m). Defined terms: skilled nursing facility — the same type of facility named in the Social Security Act; spell of illness — the same period of illness named in the Social Security Act. The Secretary of Defense may continue or extend home health care for people who already had it to ensure a smooth transition.

Full Legal Text

Title 10, §1074j

Armed Forces, Source: USLM XML via OLRC

(a)Establishment.—
The Secretary of Defense shall establish an effective, efficient, and integrated sub-acute care benefits program under this chapter (hereinafter referred to in this section as the “program”). Except as otherwise provided in this section, the types of health care authorized under the program shall be the same as those provided under section 1079 of this title. The Secretary, after consultation with the other administering Secretaries, shall promulgate regulations to carry out this section.
(b)Benefits.—
(1)The program shall include a uniform skilled nursing facility 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 (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 (a) and (b)) shall not be applicable under the program. Skilled nursing facility 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” has the meaning given such term in section 1819(a) of the Social Security Act (42 U.S.C. 1395i–3(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)).
(3)The program shall include a comprehensive, part-time or intermittent home health care 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)).
(4)The Secretary 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 benefits for covered beneficiaries who were receiving such benefits before the establishment of the program 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 determines appropriate.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

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

Reference

Citations & Metadata

Citation

10 U.S.C. § 1074j

Title 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110