Federal · Title 10 — Armed Forces

10 U.S.C. § 1077: Medical care for dependents: authorized care in facilities of uniformed services

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Hospitalization. Outpatient care. Drugs, including, in accordance with subsection (h), medically necessary vitamins. Treatment of medical and surgical conditions. Treatment of nervous, mental, and chronic conditions. Treatment of contagious diseases. Physical examinations, including eye examinations, and immunizations. Maternity and infant care, including well-baby care that includes one screening of an infant for the level of lead in the blood of the infant. Diagnostic tests and services, including laboratory and X-ray examinations. Dental care. Ambulance service and home calls when medically necessary. Durable equipment, which may be provided on a loan basis. Primary and preventive health care services for women (as defined in section 1074d(b) of this title ). Preventive health care screening for colon or prostate cancer, at the intervals and using the screening methods prescribed under section 1074d(a)(2) of this title . Prosthetic devices, as determined by the Secretary of Defense to be necessary because of significant conditions resulting from trauma, congenital anomalies, or disease. A dependent of a member of the uniformed services on active duty. is entitled to retired or retainer pay, or equivalent pay; and is enrolled in family coverage under TRICARE Prime. Any rehabilitative therapy to improve, restore, or maintain function, or to minimize or prevent deterioration of function, of a patient when prescribed by a physician. In accordance with subsection (h), medically necessary food and the medical equipment and supplies necessary to administer such food (other than durable medical equipment and supplies). Domiciliary or custodial care. Orthopedic footwear and spectacles, except that, outside of the United States and at stations inside the United States where adequate civilian facilities are unavailable, such items may be sold to dependents at cost to the United States. The elective correction of minor dermatological blemishes and marks or minor anatomical anomalies. Except as specified in paragraphs (2) and (3), a dependent participating under a dental plan established under section 1076a of this title may not be provided dental care under section 1076(a) of this title except for emergency dental care, dental care provided outside the United States, and dental care that is not covered by such plan. treatment of pediatric dental patients is necessary in order to satisfy an accreditation standard of the American Dental Association that is applicable to such program, or training in pediatric dental care is necessary for the residents to be professionally qualified to provide dental care for dependent children accompanying members of the uniformed services outside the United States; and the number of pediatric patients at such facility is insufficient to support satisfaction of the accreditation or professional requirements in pediatric dental care that apply to such program or students. The total number of dependents treated in all facilities of the uniformed services under subparagraph (A) in a fiscal year may not exceed 2,000. civilian dental care within the specified geographic area is inadequate or is not sufficiently available; and adequate resources exist to provide space available dental care to the dependents at the facility. Care under subparagraph (A) shall be provided on a reimbursable basis. Notwithstanding subsection (b)(1), hospice care may be provided under section 1076 of this title in facilities of the uniformed services to a terminally ill patient who chooses (pursuant to regulations prescribed by the Secretary of Defense in consultation with the other administering Secretaries) to receive hospice care rather than continuing hospitalization or other health care services for treatment of the patient’s terminal illness. In this section, the term “hospice care” means the items and services described in section 1861(dd) of the Social Security Act ( 42 U.S.C. 1395x(dd) ). Any accessory or item of supply that is used in conjunction with the device for the purpose of achieving therapeutic benefit and proper functioning. Services necessary to train the recipient of the device in the use of the device. Repair of the device for normal wear and tear or damage. Replacement of the device if the device is lost or irreparably damaged or the cost of repair would exceed 60 percent of the cost of replacement. An augmentative communication device may be provided as a voice prosthesis under subsection (a)(15). A prosthetic device customized for a patient may be provided under this section only by a prosthetic practitioner who is qualified to customize the device, as determined under regulations prescribed by the Secretary of Defense in consultation with the administering Secretaries. Any durable medical equipment that can improve, restore, or maintain the function of a malformed, diseased, or injured body part, or can otherwise minimize or prevent the deterioration of the patient’s function or condition. Any durable medical equipment that can maximize the patient’s function consistent with the patient’s physiological or medical needs. Wheelchairs. Iron lungs. Hospital beds. achieving therapeutic benefit for the patient; making the equipment serviceable; or otherwise assuring the proper functioning of the equipment. In addition to the authority to provide a hearing aid under subsection (a)(16), hearing aids may be sold under this section to dependents eligible for care under this section at cost to the United States. For purposes of selling hearing aids at cost to the United States under paragraph (1), a dependent of a member of the reserve components who is enrolled in the TRICARE program under section 1076d of this title shall be deemed to be a dependent eligible for care under this section. Vitamins that may be provided under subsection (a)(3) are vitamins used for the management of a covered disease or condition pursuant to the prescription, order, or recommendation (as applicable) of a physician or other health care professional qualified to make such prescription, order, or recommendation. furnished pursuant to the prescription, order, or recommendation (as applicable) of a physician or other health care professional qualified to make such prescription, order, or recommendation, for the dietary management of a covered disease or condition; a specially formulated and processed product (as opposed to a naturally occurring foodstuff used in its natural state) for the partial or exclusive feeding of an individual by means of oral intake or enteral feeding by tube; intended for the dietary management of an individual who, because of therapeutic or chronic medical needs, has limited or impaired capacity to ingest, digest, absorb, or metabolize ordinary foodstuffs or certain nutrients, or who has other special medically determined nutrient requirements, the dietary management of which cannot be achieved by the modification of the normal diet alone; intended to be used under medical supervision, which may include in a home setting; and intended only for an individual receiving active and ongoing medical supervision under which the individual requires medical care on a recurring basis for, among other things, instructions on the use of the food; and food taken as part of an overall diet designed to reduce the risk of a disease or medical condition or as weight-loss products, even if the food is recommended by a physician or other health care professional; food marketed as gluten-free for the management of celiac disease or non-celiac gluten sensitivity; food marketed for the management of diabetes; or such other products as the Secretary determines appropriate. inborn errors of metabolism; medical conditions of malabsorption; pathologies of the alimentary tract or the gastrointestinal tract; a neurological or physiological condition; and such other diseases or conditions the Secretary determines appropriate. The Secretary of Defense shall establish clinical practice guidelines for health care providers employed by the Department of Defense on screening, testing, and reporting of blood lead levels in children. Guidelines established under paragraph (1) shall reflect recommendations made by the Centers for Disease Control and Prevention with respect to the screening, testing, and reporting of blood lead levels in children. Not later than one year after the date of the enactment of this Act [ Dec. 20, 2019 ], the Secretary shall disseminate the clinical practice guidelines established under paragraph (1) to health care providers of the Department of Defense. The Secretary shall ensure that any care provided by the Department of Defense to a child for an elevated blood lead level shall be carried out in accordance with applicable guidance issued by the Centers for Disease Control and Prevention. the Secretary shall provide the results of the test to the parent or guardian of the child; and the relevant health department of the State in which the child resides if the child resides in the United States; or the Centers for Disease Control and Prevention; the appropriate authority of the country in which the child resides; and the primary provider of health care for the child for follow-up. In this subsection, the term ‘State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. The number of children who were tested by the Department of Defense for the level of lead in the blood of the child, and of such number, the number who were found to have an elevated blood lead level. The number of children who were screened by the Department of Defense for an elevated risk of lead exposure. Not later than January 1, 2022 , the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the effectiveness of screening and testing for lead exposure and elevated blood lead levels under chapter 55 of title 10, United States Code. In this section, the terms ‘abnormal blood lead level’ and ‘elevated blood lead level’ have the meanings given those terms by the Centers for Disease Control and Prevention.” The Secretary of Defense shall conduct a comprehensive review of the mental health care and counseling services available to dependent children of members of the Armed Forces through the Department of Defense. The availability, quality, and effectiveness of Department of Defense programs intended to meet the mental health care needs of military children. The availability, quality, and effectiveness of Department of Defense programs intended to promote resiliency in military children in coping with deployment cycles, injury, or death of military parents. The extent of access to, adequacy, and availability of mental health care and counseling services for military children in military medical treatment facilities, in family assistance centers, through Military OneSource, under the TRICARE program, and in Department of Defense Education Activity schools. Whether the status of a member of the Armed Forces on active duty, or in reserve active status, affects the access of a military child to mental health care and counseling services. Whether, and to what extent, waiting lists, geographic distance, and other factors may obstruct the receipt by military children of mental health care and counseling services. The extent of access to, availability, and viability of specialized mental health care for military children (including adolescents). The extent of any gaps in the current capabilities of the Department of Defense to provide preventive mental health services for military children. Such other matters as the Secretary considers appropriate. Not later than one year after the date of the enactment of this Act [ Oct. 28, 2009 ], the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the review conducted under paragraph (1), including the findings and recommendations of the Secretary as a result of the review. The Secretary shall develop and implement a comprehensive plan for improvements in access to quality mental health care and counseling services for military children in order to develop and promote psychological health and resilience in children of deploying and deployed members of the Armed Forces. The information in the report required by subsection (a) shall provide the basis for the development of the plan. develop teams to train primary care managers in mental health evaluations and treatment of common psychiatric disorders affecting children and adolescents; develop strategies to reduce barriers to accessing behavioral health services and encourage better use of the programs and services by children and adolescents; and psychiatric hospitalization rates; non-psychiatric hospitalization rates; and mental health relative value units. structure and mission of the program; and the resources allocated to the program. Not later than September 30, 2012 , the Secretary of the Army shall submit to the congressional defense committees a report that addresses the elements described under paragraph (1).”

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