10 U.S.C. 1079: Contracts for medical care for spouses and children: plans

2024

• Pub. L. 118–159 added par. (20). Law text · (a)

2021

• Pub. L. 116–283, §703, substituted "certified clinical social worker, or other class of provider as designated by the Secretary of Defense," for "or certified clinical social worker,". Law text · (a)
• Pub. L. 117–81, §701(a)(1), which directed adding par. (18) at the end of subsec. (a), effective after the addition of par. (19), was executed by adding it before par. (19) to reflect the probable intent of Congress. Law text · (a)
• Pub. L. 117–81, §702, added par. (19). Law text · (a)
• Pub. L. 116–283, §704(a), amended subsec. (e) generally. Prior to amendment, subsec. (e) related to extended benefits for eligible dependents. Law text · (e)
• Pub. L. 116–283, §704(b), substituted "subparagraph (C), (E), (F), or (G) of subsection (e)(1)" for "paragraph (3) or (4) of subsection (e)". Law text · (f), (4)
• Pub. L. 116–283, §1081(a)(25), substituted "section 1074g(i)" for "section 1074g(h)". Law text · (q)
• Pub. L. 117–81, §701(a)(2), added subsec. (r). Law text · (r)

2018

• Pub. L. 115–232 substituted "section 1074g(h)" for "section 1074g(g)". Law text · (q)

2017

• Pub. L. 115–91, §704, inserted ", except that hospice care may be provided to an individual under the age of 21 concurrently with health care services or hospitalization for the same condition" before period at end. Law text · (a)
• Pub. L. 115–91, §739(d)(1), substituted "calendar year" for "fiscal year" wherever appearing. Law text · (b)
• Pub. L. 115–91, §702(b)(2), added subsec. (q). Law text · (q)

2016

• Pub. L. 114–328, §618(b), inserted "or 351" after "section 310". Law text · (g)
• Pub. L. 114–328, §748(b), struck out "in support of a contingency operation under a provision of law referred to in section 101(a)(13)(B) of this title" after "30 days". Law text · (h)

2014

• Pub. L. 113–291, §703(a)(1), redesignated pars. (7) to (17) as (6) to (16), respectively, and struck out former par. (6) which read as follows: "Inpatient mental health services may not (except as provided in subsection (i)) be provided to a patient in excess of— Law text · (a)
• Pub. L. 113–291, §706, added par. (17). Former par. (17) redesignated (16). Law text · (a)
• Pub. L. 113–291, §703(c)(1), substituted "subsection (a)(12)" for "subsection (a)(13)". Law text · (e)
• Pub. L. 113–291, §703(a)(2), (3), redesignated subsecs. (j) to (q) as (i) to (p), respectively, and struck out former subsec. (i) which related to limitation in former subsec. (a)(6) of this section as being inapplicable to inpatient mental health services in certain instances. Law text · (i), (j), (k), (l), (m), (n), (o), (p), (q)

2009

• Pub. L. 111–84 struck out period after "year". Law text · (f)

2008

• Pub. L. 110–417 substituted "year shall not exceed $36,000, prorated as determined by the Secretary of Defense," for "month shall not exceed $2,500," in subpar. (A) and "year." for "month" in subpar. (B). Law text · (f)

2006

• Pub. L. 109–364, §702, amended par. (1) generally. Prior to amendment, par. (1) read as follows: "With respect to dental care, only that care required as a necessary adjunct to medical or surgical treatment may be provided." Law text · (a)
• Pub. L. 109–364, §703(b)(1), substituted "the schedule and method of cervical cancer screenings and breast cancer screenings" for "the schedule of pap smears and mammograms" in introductory provisions. Law text · (a)
• Pub. L. 109–364, §703(b)(2), substituted "cervical and breast cancer screenings" for "pap smears and mammograms". Law text · (a)
• Pub. L. 109–364, §701, added par. (17). Law text · (a)
• Pub. L. 109–163, §715(a), designated existing provisions as par. (1), struck out last sentence which read "In addition, when a member dies while on active duty for a period of more than 30 days, the member's dependents who are receiving benefits under a plan covered by subsection (a) s… Law text · (g)
• Pub. L. 109–163, §714, added par. (4) and redesignated former par. (4) as (5). Law text · (p), (5)

2004

• Pub. L. 108–375 added subpar. (C). Law text · (h)

2002

• Pub. L. 107–314, §701(a), designated existing provisions as subpar. (A), substituted "Except as provided in subparagraph (B)," for "Except in the case of an emergency,", and added subpars. (B) and (C). Law text · (i)
• Pub. L. 107–314, §702(1), substituted "dependents described in paragraph (3)" for "dependents referred to in subsection (a) of a member of the uniformed services referred to in section 1074(c)(3) of this title who are residing with the member". Law text · (p)
• Pub. L. 107–314, §702(2), (3), added par. (3) and redesignated former par. (3) as (4). Law text · (p), (4)
• Pub. L. 107–314, §705(a), added subsec. (q). Law text · (q)

2001

• Pub. L. 107–107, §703(b), amended par. (5) generally. Prior to amendment, par. (5) read as follows: "Durable equipment, such as wheelchairs, iron lungs and hospital beds may be provided on a rental basis." Law text · (a)
• Pub. L. 107–107, §701(g)(2), struck out par. (17) which read as follows: Law text · (a)
• Pub. L. 107–107, §701(b), added subsecs. (d) to (f) and struck out former subsecs. (d) to (f) which related to medical care provided for retarded or handicapped dependents, the requirement of members sharing in cost of benefits provided, and the requirement that members use publ… Law text · (d), (e), (f)
• Pub. L. 107–107, §1048(c)(5), substituted "February 10, 1996," for "the date of the enactment of this paragraph". Law text · (h)
• Pub. L. 107–107, §707(b), designated existing provisions as subpar. (A) and added subpar. (B). Law text · (h)
• Pub. L. 107–107, §707(a), designated existing provisions of subpar. (A) of par. (2) as par. (2) and substituted "shall be determined under joint regulations" for "may be determined under joint regulations", redesignated subpar. (B) of par. (2) as par. (4) and substituted ther… Law text · (j)

2000

• Pub. L. 106–398, §1 [[div. A], title VII, §701(c)(1)], designated existing provisions as subpar. (A) and added subpar. (B). Law text · (a)
• Pub. L. 106–398, §1 [[div. A], title VII, §704(b)], substituted "three-year period" for "one-year period". Law text · (g)
• Pub. L. 106–398, §1 [[div. A], title VII, §757(a)], added par. (5). Law text · (h)
• Pub. L. 106–398, §1 [[div. A], title VII, §722(b)(1)], added subsec. (p). Law text · (p)

1997

• Pub. L. 105–85, §735(a), added par. (1) and struck out former par. (1) which read as follows: "Payment for a charge for services by an individual health care professional (or other noninstitutional health care provider) for which a claim is submitted under a plan contracted for unde… Law text · (h)
• Pub. L. 105–85, §735(c)(2), redesignated par. (4) as (2). Law text · (h)
• Pub. L. 105–85, §735(a), struck out par. (2) which read as follows: "For the purposes of paragraph (1)(A), the 80th percentile of charges shall be determined by the Secretary of Defense, in consultation with the other administering Secretaries, and the base period shall be a period of twelve calend… Law text · (h)
• Pub. L. 105–85, §735(c)(2), redesignated par. (5) as (3). Law text · (h)
• Pub. L. 105–85, §735(a), struck out par. (3) which read as follows: "For the purposes of paragraph (1)(B), the appropriate payment amount shall be determined by the Secretary of Defense, in consultation with the other administering Secretaries." Law text · (h)
• Pub. L. 105–85, §735(c)(2), redesignated par. (4) as (2). Law text · (h)
• Pub. L. 105–85, §735(c)(2), redesignated par. (5) as (3). Law text · (h)
• Pub. L. 105–85, §735(b), (c)(1), substituted "paragraph (2), the Secretary of Defense" for "paragraph (4), the Secretary" and inserted at end "With the consent of the health care provider, the Secretary is also authorized to reduce the authorized payment for certain health care services below the a… Law text · (h)
• Pub. L. 105–85, §735(c)(2), redesignated par. (6) as (4). Law text · (h)

1996

• Pub. L. 104–201, §731(b)(1), substituted "except as follows:" for "except that—" in introductory provisions. Law text · (a)
• Pub. L. 104–201, §731(b)(2), (3), capitalized first letter of first word and substituted a period for the semicolon at end. Law text · (a)
• Pub. L. 104–201, §731(b)(2), (3), capitalized first letter of first word and substituted a period for the semicolon at end. Law text · (a)
• Pub. L. 104–201, §701(b)(2), inserted "the schedule and method of colon and prostate cancer screenings," after "pap smears and mammograms," in introductory provisions and "or colon and prostate cancer screenings" after "pap smears and mammograms" in subpar. (B). Law text · (a)
• Pub. L. 104–106, §701, added par. (2) and struck out former par. (2) which read as follows: "routine physical examinations and immunizations of dependents over two years of age may only be provided when required in the case of dependents who are traveling outside the United States as a result of a … Law text · (a)
• Pub. L. 104–201, §731(b)(2), (3), capitalized first letter of first word and substituted a period for the semicolon at end. Law text · (a)
• Pub. L. 104–201, §731(a), (b)(2), substituted "Any service" for "any service" and "paragraph (4)." for "paragraph (4);" and inserted at end "Pursuant to an agreement with the Secretary of Health and Human Services and under such regulations as the Secretary of Defense may prescribe… Law text · (a)
• Pub. L. 104–201, §731(b)(2), (3), capitalized first letter of first word and substituted a period for the semicolon at end. Law text · (a), (15)
• Pub. L. 104–201, §731(b)(2), (4), capitalized first letter of first word and substituted a period for "; and" at end. Law text · (a)
• Pub. L. 104–201, §731(b)(2), capitalized first letter of first word. Law text · (a)
• Pub. L. 104–106, §731(a), added par. (1) and struck out former par. (1) which read as follows: "Payment for a charge for services by an individual health-care professional (or other noninstitutional health-care provider) for which a claim is submitted under a plan contracted for und… Law text · (h)
• Pub. L. 104–106, §731(d), substituted "paragraph (1)(A)" for "paragraph (1)". Law text · (h)
• Pub. L. 104–106, §731(b), added par. (3). Law text · (h)
• Pub. L. 104–201, §711, struck out "emergency" before "services from nonparticipating providers." Law text · (h)
• Pub. L. 104–106, §731(c), added par. (4). Law text · (h)
• Pub. L. 104–201, §732(2), added par. (5). Former par. (5) redesignated (6). Law text · (h)
• Pub. L. 104–106, §731(c), added par. (5). Law text · (h)
• Pub. L. 104–201, §732(1), redesignated par. (5) as (6). Law text · (h)
• Pub. L. 104–201, §735(c), inserted ", including any plan offered by a third-party payer (as defined in section 1095(h)(1) of this title)," after "or health plan". Law text · (j)

1994

• Pub. L. 103–337, §702(a)(1), substituted "dependents, as described in subparagraphs (A), (D), and (I) of section 1072(2) of this title," for "spouses and children". · (a)
• Pub. L. 103–337, §702(a)(2), substituted "as described in subparagraph (A), (D), or (I) of section 1072(2)" for "as defined in section 1072(2)(A) or (D)". · (d)
• Pub. L. 103–337, §707(a), inserted at end "In addition, when a member dies while on active duty for a period of more than 30 days, the member's dependents who are receiving benefits under a plan covered by subsection (a) shall continue to be eligible for such benefits during the one-ye… · (g)

1993

• Pub. L. 103–160, §716(c), substituted "except that those services may be provided in any case in which another insurance plan or program provides primary coverage for those services;" for "except that— · (a)
• Pub. L. 103–35 made technical amendment to directory language of Pub. L. 102–484, §704(1). See 1992 Amendment note below. · (a)
• Pub. L. 103–160, §711, added subsec. (o). · (o)

1992

• Pub. L. 102–484, §1053(3), made technical amendment to directory language of Pub. L. 102–190, §702(b)(1)(C). See 1991 Amendment note below. · (a)
• Pub. L. 102–484, §704(1), as amended by Pub. L. 103–35, struck out "and" at end of par. (15). · (a)
• Pub. L. 102–484, §704(2), substituted "; and" for period at end. · (a)
• Pub. L. 102–484, §704(3), added par. (17). · (a)
• Pub. L. 102–484, §1052(13), inserted a close parenthesis after "1395x(dd)(2)". · (j)

1991

• Pub. L. 102–25, §316(b), revived par. (6) as in effect on Feb. 14, 1991, thus negating amendment to par. (6) by Pub. L. 101–510, §703(a), from its original effective date (Feb. 15, 1991) to the effective date as amended (Oct. 1, 1991). See 1990 Amendment note and Effective Date of 1… · (a)
• Pub. L. 102–190, §711, substituted "except that—" and subpars. (A) and (B), for "except that such services may be provided in any case in which another insurance plan or program provides primary coverage for the services;". · (a)
• Pub. L. 102–190, §702(b)(1)(A), substituted "paragraph (4)" for "clause (4)". · (a)
• Pub. L. 102–190, §702(b)(1)(B), struck out "and" at end. · (a)
• Pub. L. 102–190, §702(b)(1)(C), as amended by Pub. L. 102–484, §1053(3), substituted "; and" for period at end. · (a)
• Pub. L. 102–190, §702(b)(1)(D), added par. (16). · (a)
• Pub. L. 102–25, §316(b), revived subsec. (i) as in effect on Feb. 14, 1991, thus negating amendment to subsec. (i) by Pub. L. 101–510, §703(b), from its original effective date (Feb. 15, 1991) to the effective date as amended (Oct. 1, 1991). See 1990 Amendment note and Effective Date o… · (i)
• Pub. L. 102–190, §713, inserted ", or covered by," after "person enrolled in". · (j)
• Pub. L. 102–190, §702(b)(2), inserted "hospice program (as defined in section 1861(dd)(2) of the Social Security Act (42 U.S.C. 1395x(dd)(2)),". · (j)
• Pub. L. 102–190, §712(a), added subsec. (n). · (n)

1990

• Pub. L. 101–510, §701(a), inserted before the semicolon ", except that pap smears and mammograms may be provided on a diagnostic or preventive basis". · (a)
• Pub. L. 101–510, §703(a), substituted "in excess of—" for "in excess of 60 days in any year;" and added subpars. (A) to (C). · (a)
• Pub. L. 101–510, §702(a)(1), inserted "(other than certified marriage and family therapists)" after "marital counselors" and inserted before semicolon "and services of certified marriage and family therapists may be provided consistent with such rules as may be prescribed by the Sec… · (a)
• Pub. L. 101–510, §702(a)(2), inserted "certified marriage and family therapist," after "psychologist,". · (a)
• Pub. L. 101–510, §712(a)(1), substituted "$150" for "$50" and inserted at end "Notwithstanding the preceding sentence, in the case of a dependent of an enlisted member in a pay grade below E–5, the initial deductible each fiscal year under this paragraph shall be limited to $50." · (b)
• Pub. L. 101–510, §712(a)(2), substituted "$300 (or in the case of the family group of an enlisted member in a pay grade below E–5, the first $100)" for "$100". · (b)
• Pub. L. 101–510, §703(b), amended subsec. (i) generally. Prior to amendment, subsec. (i) read as follows: "The limitation in subsection (a)(6) does not apply in the case of inpatient mental health services— · (i)
• Pub. L. 101–510, §1484(g)(1), inserted "the term" after "In subparagraph (A),". · (j)

1989

• Pub. L. 101–189 substituted "80th percentile" for "90th percentile". · (h), (2)

1988

• Pub. L. 100–456, §646(a)(1), inserted provisions authorizing Secretary of Defense to exempt a patient from paying such amount if the hospital to which the patient is admitted does not impose a legal obligation on any of its patients to pay for inpatient care. · (b)
• Pub. L. 100–456, §646(a)(2), added subsec. (m). · (m)

1987

• Pub. L. 100–180, §726(a), added par. (15). · (a)
• Pub. L. 100–180, §721(a), added par. (5). · (b)

1986

• Pub. L. 99–661, §703, substituted "provides primary coverage for the services" for "pays for at least 75 percent of the services". · (a)
• Pub. L. 99–661, §652(d), added subsec. (l). · (l)

1984

• Pub. L. 98–557, §19(7)(B), substituted reference to other administering Secretaries for reference to Secretary of Health and Human Services in provisions preceding cl. (1). · (a)
• Pub. L. 98–525, §632(a)(1), substituted "not more than one eye examination may be provided to a patient in any calendar year" for "eye examinations may not be provided". · (a)
• Pub. L. 98–557, §19(7)(A), substituted reference to the administering Secretaries for reference to the Secretary of Defense and the Secretary of Health and Human Services. · (a)
• Pub. L. 98–525, §1401(e)(4)(A), added cls. (7) to (14). · (a)
• Pub. L. 98–557, §19(7)(A), substituted reference to the administering Secretaries for reference to the Secretary of Defense and the Secretary of Health and Human Services. · (b), (c), (d)
• Pub. L. 98–525, §1405(23), substituted "under subsection (d) as follows:" for "under subsection (d)." in provisions preceding cl. (1). · (e)
• Pub. L. 98–557, §19(7)(A), substituted reference to the administering Secretaries for reference to the Secretary of Defense and the Secretary of Health and Human Services. · (e), (f)
• Pub. L. 98–557, §19(7)(B), substituted reference to other administering Secretaries for reference to Secretary of Health and Human Services. · (h)
• Pub. L. 98–525, §1401(e)(4)(B), substituted "The Secretary of Defense shall adjust the base period as frequently as he considers appropriate" for "The base period shall be adjusted at least once a year". · (h)
• Pub. L. 98–557, §19(7)(A), substituted reference to the administering Secretaries for reference to the Secretary of Defense and the Secretary of Health and Human Services. · (j)
• Pub. L. 98–557, §19(7)(B), substituted reference to other administering Secretaries for reference to Secretary of Health and Human Services. · (k), (2)

1983

• Pub. L. 98–94, §1268(4)(A), substituted "30" for "thirty" in provisions preceding par. (1). · (a)
• Pub. L. 98–94, §931(a)(1), added par. (6). · (a)
• Pub. L. 98–94, §1268(4)(A), substituted "30" for "thirty". · (d)
• Pub. L. 98–94, §1268(4)(B), struck out "of this section" after "subsection (d)". · (g)
• Pub. L. 98–94, §931(a)(2), added subsecs. (i) to (k). · (i), (j), (k)

1981

• Pub. L. 97–22 substituted "Secretary of Health and Human Services" for "Secretary of Health, Education, and Welfare". · (b)
• Pub. L. 97–86 substituted reference to services of individual health-care professionals for former reference to physician services, struck out provisions that had used the concept of a predetermined charge level based upon customary charges, and inserted provisions requiring a readjust… · (h)

1980

• Pub. L. 96–513, §511(36), (38)(A), substituted "Secretary of Health and Human Services" for "Secretary of Health, Education, and Welfare" wherever appearing, and "that—" for "that:". · (a)
• Pub. L. 96–342, §810(a)(1), inserted "of dependents over two years of age" after "immunizations". · (a)
• Pub. L. 96–342, §810(a)(2), struck out "routine care of the newborn, well-baby care, and" after "(3)". · (a)
• Pub. L. 96–552 added par. (4). · (b)
• Pub. L. 96–513, §511(38)(B), substituted "percent" for "per centum" wherever appearing. · (b)
• Pub. L. 96–513, §511(36), substituted "Secretary of Health and Human Services" for "Secretary of Health, Education, and Welfare". · (c)
• Pub. L. 96–513, §§501(13), 511(36), substituted "section 1072(2)(A) or (D) of this title" for "section 1072(2)(A), (C), or (E) of this title", and "Secretary of Health and Human Services" for "Secretary of Health, Education, and Welfare". · (d)
• Pub. L. 96–513, §511(36), (38)(C), substituted "Secretary of Health and Human Services" for "Secretary of Health, Education, and Welfare", and "(d) as follows:" for "(d).". · (e)
• Pub. L. 96–342, §810(b), substituted "$1,000" for "$350". · (e)
• Pub. L. 96–513, §511(36), substituted "Secretary of Health and Human Services" for "Secretary of Health, Education, and Welfare". · (f)
• Pub. L. 96–513, §511(38)(D), struck out ", United States Code," after "37". · (g)
• Pub. L. 96–513, §511(36), substituted "Secretary of Health and Human Services" for "Secretary of Health, Education, and Welfare". · (h)

1978

• Pub. L. 95–485 added subsec. (h). · (h)

1971

• Pub. L. 92–58 added subsec. (g). · (g)

1966

• Pub. L. 89–614 struck out "dependent" before "spouses and children" and substituted sentence providing that "The types of health care authorized under this section, shall be the same as those provided under section 1076 of this title", enumerating exceptions in pars. (1) to (5) for for… · (a)
• Pub. L. 89–614 incorporated existing provisions of subsec. (a)(6) in par. (1) and added pars. (2) and (3). Former subsec. (b) authorized the Secretary of Defense to make variances from subsec. (a) requirements as appropriate other than outpatient care or care other than provided for in… · (b)
• Pub. L. 89–614 added subsecs. (c) to (f). · (c), (d), (e), (f)