10 U.S.C. § 1076: Medical and dental care for dependents: general rule

A dependent described in paragraph (2) is entitled, upon request, to the medical and dental care prescribed by section 1077 of this title in facilities of the uniformed services, subject to the availability of space and facilities and the capabilities of the medical and dental staff. A member who is on active duty for a period of more than 30 days or died while on that duty. while the member was on active duty under a call or order to active duty of 30 days or less, on active duty for training, or on inactive-duty training; or while the member was traveling to or from the place at which the member was to perform, or had performed, such active duty, active duty for training, or inactive-duty training. A member who died from an injury, illness, or disease incurred or aggravated in the line of duty while the member remained overnight immediately before the commencement of inactive-duty training, or while the member remained overnight between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training. A member on active duty who is entitled to benefits under subsection (e) of section 1074a of this title by reason of paragraph (1), (2), or (3) of subsection (a) of such section. was serving on funeral honors duty under section 12503 of this title or section 115 of title 32 ; was traveling to or from the place at which the member was to so serve; or remained overnight at or in the vicinity of that place immediately before so serving, if the place is outside reasonable commuting distance from the member’s residence. who is, or (if deceased) was at the time of his death, entitled to retired or retainer pay or equivalent pay; or who died before attaining age 60 and at the time of his death would have been eligible for retired pay under chapter 1223 of this title (or under chapter 67 of this title as in effect before December 1, 1994 ) but for the fact that he was under 60 years of age; A determination by the medical or dental officer in charge, or the contract surgeon in charge, or his designee, as to the availability of space and facilities and to the capabilities of the medical and dental staff is conclusive. Care under this section may not be permitted to interfere with the primary mission of those facilities. To utilize more effectively the medical and dental facilities of the uniformed services, the administering Secretaries shall prescribe joint regulations to assure that dependents entitled to medical or dental care under this section will not be denied equal opportunity for that care because the facility concerned is that of a uniformed service other than that of the member. Subject to paragraph (3), the administering Secretary shall furnish an abused dependent of a former member of a uniformed service described in paragraph (4), during that period that the abused dependent is in receipt of transitional compensation under section 1059 of this title , with medical and dental care, including mental health services, in facilities of the uniformed services in accordance with the same eligibility and benefits as were applicable for that abused dependent during the period of active service of the former member. Subject to paragraph (3), upon request of any dependent of a former member of a uniformed service punished for an abuse described in paragraph (4), the administering Secretary for such uniformed service may furnish medical care in facilities of the uniformed services to the dependent for the treatment of any adverse health condition resulting from such dependent’s knowledge of (A) the abuse, or (B) any injury or illness suffered by the abused person as a result of such abuse. shall be limited to the health care prescribed by section 1077 of this title ; and shall be subject to the availability of space and facilities and the capabilities of the medical and dental staff. received a dishonorable or bad-conduct discharge or was dismissed from a uniformed service as a result of a court-martial conviction for an offense, under either military or civil law, involving abuse of a dependent of the member; or was administratively discharged from a uniformed service as a result of such an offense. A determination of whether an offense involved abuse of a dependent of the member shall be made in accordance with regulations prescribed by the administering Secretary for such uniformed service. The administering Secretaries shall furnish an eligible dependent a physical examination that is required by a school in connection with the enrollment of the dependent as a student in that school. is entitled to receive medical care under subsection (a) or is authorized to receive medical care under subsection (b); and is at least 5 years of age and less than 12 years of age. Nothing in paragraph (2) may be construed to prohibit the furnishing of a school-required physical examination to any dependent who, except for not satisfying the age requirement under that paragraph, would otherwise be eligible for a physical examination required to be furnished under this subsection. the dependent of the member was receiving treatment for the special health care need before the call or order to active duty of the member; and the call or order to active duty would result in an interruption in treatment or a change in health care provider for such treatment.” 30 days after the date of the release of the member from active duty; or the date on which the member and the dependents of the member are covered by a health plan sponsored by an employer. is a member of a reserve component of the Armed Forces and is called or ordered to active duty under chapter 39 of title 10, United States Code, in connection with Operation Desert Storm; is involuntarily retained on active duty under section 673c [now 12305] of title 10, United States Code, in connection with Operation Desert Storm; or voluntarily agrees to remain on active duty for a period of less than one year in connection with Operation Desert Storm. medical and dental care under section 1076 of title 10 , United States Code, in the same manner as a dependent described in subsection (a)(2) of that section; and health benefits contracted under the authority of section 1079(a) of that title and subject to the same rates and conditions as apply to persons covered under that section. For purposes of this section, the term ‘dependent’ has the meaning given that term in section 1072(2) of title 10 , United States Code.”