§1080 — Title 10 Armed Forces | U.S. Code

Summary

Dependents covered by section 1079 may choose inpatient care either at military medical facilities (under rules in sections 1076–1078) or through a contracted civilian plan under section 1079. The Secretary of Defense, after talking with the other military department heads, can limit that choice for dependents who live where the service member is assigned if suitable military medical care is available there. A military facility commander can look at whether contracted care is available when deciding to issue a nonavailability-of-health-care statement. For obstetrics and gynecology, beneficiaries not in a contracted managed care plan must have a nonavailability statement to get outpatient prenatal care, outpatient or inpatient delivery, and the outpatient postpartum visit after the pregnancy is confirmed. People enrolled in a contracted managed care plan do not need that statement. The Secretary of Defense may also waive the statement requirement after checking how well the statements help use military facilities.

Title 10, §1080

Armed Forces — Source: USLM XML via OLRC

(a)A dependent covered by section 1079 of this title may elect to receive inpatient medical care either in (1) the facilities of the uniformed services, under the conditions prescribed by section 1076–1078 of this title, or (2) the facilities provided under a plan contracted for under section 1079 of this title. However, under such regulations as the Secretary of Defense, after consulting the other administering Secretaries, may prescribe, the right to make this election may be limited for dependents residing in the area where the member concerned is assigned, if adequate medical facilities of the uniformed services are available in that area for those dependents.

(b)In determining whether to issue a nonavailability-of-health-care statement for a dependent described in subsection (a), the commanding officer of a facility of the uniformed services may consider the availability of health care services for the dependent pursuant to any contract or agreement entered into under this chapter for the provision of health care 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 services related to outpatient prenatal, outpatient or inpatient delivery, and outpatient post-partum care subsequent to the visit which confirms the pregnancy.

(c)(1)A covered beneficiary enrolled in a managed care plan offered pursuant to any contract or agreement under this chapter for the provision of health care services shall not be required to obtain a nonavailability-of-health-care statement as a condition for the receipt of health care.

(2)The Secretary 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 of the uniformed services.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 108037:411(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 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.

§1080 Contracts for Medical Care for Spouses and Children: Election of Facilities