Title 10Armed ForcesRelease 119-73not60

§1074j Sub-acute Care Program

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

Last updated Apr 3, 2026|Official source

Summary

The Secretary of Defense must set up a sub-acute care benefits program that is effective, efficient, and coordinated. The kinds of health care it covers are the same as those in section 1079 of this title unless this program says otherwise. The Secretary must consult the other administering Secretaries and create rules to run the program. The program must include a uniform skilled nursing facility benefit provided under section 1861(h) and (i) of the Social Security Act (42 U.S.C. 1395x(h) and (i)), but the day limits in section 1812(a) and (b) (42 U.S.C. 1395d(a) and (b)) do not apply, so care lasts as long as medically needed. Definitions: skilled nursing facility — see section 1819(a) (42 U.S.C. 1395i–3(a)); spell of illness — see section 1861(a) (42 U.S.C. 1395x(a)). The program also includes part‑time or intermittent home health care under section 1861(m) (42 U.S.C. 1395x(m)). The Secretary may take steps, including extending benefits, to make sure people already getting home health care move to the new program smoothly.

Full Legal Text

Title 10, §1074j

Armed Forces — Source: USLM XML via OLRC

(a)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)(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 10Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60