10-U.S.C.-1080
§1080 – Contracts For Medical Care For Spouses and Children: Election of Facilities
Pathway
Title 10 > Subtitle A > Part II > Chapter 55 > Section 1080
Details
- Reference: Section 1080
- Legend: §1080 – Contracts For Medical Care For Spouses and Children: Election of Facilities
- USCode Year: 2013
Provision Content
(a) Election.—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 sections 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) Issuance of Nonavailability-of-Health-Care Statements.—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) Waivers and Exceptions to Requirements.—(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.
(Added Pub. L. 85–861, §1(25)(B), Sept. 2, 1958, 72 Stat. 1449; amended Pub. L. 96–513, title V, §511(36), Dec. 12, 1980, 94 Stat. 2923; Pub. L. 98–557, §19(8), Oct. 30, 1984, 98 Stat. 2870; Pub. L. 103–160, div. A, title VII, §716(b)(1), Nov. 30, 1993, 107 Stat. 1692; Pub. L. 104–201, div. A, title VII, §734(a)(1), (b)(1), (c), Sept. 23, 1996, 110 Stat. 2598; Pub. L. 106–65, div. A, title VII, §712(c), Oct. 5, 1999, 113 Stat. 687.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1080 | 37:411(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.
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.
Effective Date of 1980 Amendment
Amendment 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.
U.S. Encyclopedia of Law Coverage
10-U.S.C.-1076C in the Legal Encyclopedia: General Military Law
In this entry about 10-U.S.C.-1076C, find legal reference material, bibliographies and premiere content related to general military law in the American Encyclopedia of Law, presenting a comprehensive view of the United States general military law-specific issues, written by authorities in the field.
10-U.S.C.-1077 in the Legal Encyclopedia: Enlistments
In this entry about 10-U.S.C.-1077, find legal reference material, bibliographies and premiere content related to enlistments in the American Encyclopedia of Law, presenting a comprehensive view of the United States enlistments-specific issues, written by authorities in the field.
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