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Title 10, Armed ForcesRelease 119-102

§1087 Programing Facilities for Certain Members, Former Members, and Their Dependents in Construction Projects of the Uniformed Services

Title 10 › Subtitle A — General Military Law › PART II — PERSONNEL › CHAPTER 55 — MEDICAL AND DENTAL CARE › § 1087

Last updated Aug 21, 2026|Official source

Summary

Uniformed services may set aside space in their medical facilities for inpatient and outpatient care for people covered by sections 1074(b) and 1076(b) of this title. The amount of space allowed must be the larger of: (1) the space needed to support teaching and training of health‑care professionals at the facility, or (2) the space needed to provide care to those people in the most cost‑effective way. The Secretary in charge must consider projected patient workloads and the realistic number of doctors and other providers expected to be at the facility, using Defense Department rules. For the cost‑effective choice, the Secretary must use an economic analysis (including a life‑cycle cost analysis) and compare all reasonable medical care alternatives, including care under a contract under section 1086 or under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.).

Full Legal Text

Title 10, §1087

Armed Forces, Source: USLM XML via OLRC

(a)Space for inpatient and outpatient care may be programed in facilities of the uniformed services for persons covered by section 1074(b) and 1076(b) of this title. The maximum amount of space that may be so programed for a facility is the greater of—
(1)the amount of space that would be so programed for the facility in order to meet the requirements to be placed on the facility for support of the teaching and training of health-care professionals; and
(2)the amount of space that would be so programed for the facility based upon the most cost-effective provision of inpatient and outpatient care to persons covered by section 1074(b) and 1076(b) of this title.
(b)(1)In making determinations for the purposes of clauses (1) and (2) of subsection (a), the Secretary concerned shall take into consideration—
(A)the amount of space that would be so programed for the facility based upon projected inpatient and outpatient workloads at the facility for persons covered by section 1074(b) and 1076(b) of this title; and
(B)the anticipated capability of the medical and dental staff of the facility, determined in accordance with regulations prescribed by the Secretary of Defense and based upon realistic projections of the number of physicians and other health-care providers that it can reasonably be expected will be assigned to or will otherwise be available to the facility.
(2)In addition, a determination made for the purpose of clause (2) of subsection (a) shall be made in accordance with an economic analysis (including a life-cycle cost analysis) of the facility and consideration of all reasonable and available medical care treatment alternatives (including treatment provided under a contract under section 1086 of this title or under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.)).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Social Security Act, referred to in subsec. (b)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. Part A of title XVIII of the Social Security Act, is classified generally to Part A (§ 1395c et seq.) of subchapter XVIII of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Amendments

1986—Subsec. (b)(2). Pub. L. 99–661 substituted “Act (42 U.S.C. 1395c et seq.))” for “Act. (42 U.S.C. 1395c et seq.)”. 1984—Subsec. (b)(2). Pub. L. 98–525 which directed that “(42 U.S.C. 1395c et seq.)” be inserted after “the Social Security Act.”, was executed by inserting parenthetical after “the Social Security Act” to reflect the probable intent of Congress. See 1986 Amendment note above. 1982—Subsec. (a). Pub. L. 97–337, § 1(1), designated existing provisions as subsec. (a). Pub. L. 97–337, § 1(2), substituted provisions limiting the maximum amount of space to be programed as the greater of the amounts of space described in par. (1) or (2) for provisions limiting the amount of space to be programed to that amount needed to support teaching and training requirements, except that space may be programed in areas having large concentrations of retired members where there is a critical shortage of facilities. Subsec. (b). Pub. L. 97–337, § 1(2), added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date

of 1982 Amendment Pub. L. 97–337, § 2, Oct. 15, 1982, 96 Stat. 1632, provided that: “The amendment made by paragraph (2) of the first section of this Act [amending this section] shall apply only with respect to a facility for which funds for

Construction

(or a major alteration) are first appropriated for a fiscal year after fiscal year 1983.”

Effective Date

For

Effective Date

of section, see section 3 of Pub. L. 89–614, set out as a note under section 1071 of this title.

Reference

Citations & Metadata

Citation

10 U.S.C. § 1087

Title 10, Armed Forces

Last Updated

Aug 21, 2026

Release point: 119-102