10 U.S.C. § 1040 — Transportation of dependent patients

(a) (1) Except as provided in subsection (b), if a dependent accompanying a member of the uniformed services who is stationed outside the United States or in Alaska or Hawaii and who is on active duty for a period of more than 30 days requires medical attention which is not available in the locality, transportation of the dependents at the expense of the United States is authorized to the nearest appropriate medical facility in which adequate medical care is available. On his recovery or when it is administratively determined that the patient should be removed from the medical facility involved, the dependent may be transported at the expense of the United States to the duty station of the member or to that other place determined to be appropriate under the circumstances. If a dependent is unable to travel unattended, travel and transportation allowances may be furnished to necessary attendants. The dependents and any attendants must be furnished that travel and transportation allowances as specified in regulations prescribed under section 464 of title 37 . Travel expenses authorized by this section may include reimbursement for necessary local travel in the vicinity of the medical facility involved. The transportation and travel expenses authorized by this section may be paid in advance. (2) (A) Except as provided by lettered paragraph (E), for purposes of paragraph (1), required medical attention of a dependent includes, in the case of a dependent authorized to accompany a member at a location described in that paragraph, obstetrical anesthesia services for childbirth equivalent to the obstetrical anesthesia services for childbirth available in a military treatment facility in the United States. (B) In the case of a dependent at a remote location outside the continental United States who elects services described in lettered paragraph (A) and for whom air transportation would be needed to travel under paragraph (1) to the nearest appropriate medical facility in which adequate medical care is available, the Secretary may authorize the dependent to receive transportation under that paragraph to the continental United States and be treated at the military treatment facility that can provide appropriate obstetrical services that is nearest to the closest port of entry into the continental United States from that remote location. (C) The second through sixth sentences of paragraph (1) must apply to a dependent provided transportation by reason of this paragraph. (D) The total cost incurred by the United States for the provision of transportation and expenses (including per diem) about a dependent by reason of this paragraph may not exceed the cost the United States would otherwise incur for the provision of transportation and expenses about that dependent under paragraph (1) if the transportation and expenses were provided to that dependent without regard to this paragraph. (E) The Secretary may not provide transportation to a dependent under this paragraph if the Secretary determines that— (i) the dependent would otherwise receive obstetrical anesthesia services at a military treatment facility; and (ii) that facility, in carrying out the required number of necessary obstetric cases, would not maintain competency of its obstetrical staff unless the facility provides that services to that dependent. (b) This section does not authorize transportation and travel expenses for a dependent for elective surgery which is determined to be not medically indicated by a medical authority designated under joint regulations to be prescribed under this section. (c) In this section, the term “dependent” has the meaning given that term in section 1072 of this title .