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10 U.S.C. § 1105Specialized treatment facility program

submitted 35 years ago by Pub. L. 102-190 to r/title-10-ARMED-FORCES · 515 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Defense may establish a specialized treatment facility program, designate military and civilian facilities, and waive a geographic restriction when doing so is more cost-effective. The program may pay certain travel, lodging, and meal costs when the total cost is lower than other authorized care.

(a) The Secretary of Defense may run a specialized treatment facility program under regulations prescribed by the Secretary. The Secretary must consult the other administering Secretaries when making the regulations and running the program. (b) The Secretary may designate uniformed-services and civilian health-care facilities as specialized treatment facilities. (c) For a particular service, the Secretary may waive the 40-mile restriction in section 1079(a)(6) if using a different geographic restriction would provide the service more cost-effectively. (d) A designated civilian facility's service area must be comparable in size to the service areas of uniformed-services facilities. (e) A covered beneficiary living in a specialized facility's service area may have to obtain a nonavailability statement to receive that facility's specialized service outside the program. (f)(1) Subject to paragraph (2), the Secretary may reimburse reasonable transportation costs for a uniformed-services member transporting a covered beneficiary; reimburse reasonable transportation, temporary lodging, and meals for a person accompanying the beneficiary as a nonmedical attendant, with meals limited to the regulatory per-diem rate; or provide transportation, lodging, or meals instead of reimbursement. (2) The Secretary may provide these benefits only when their total cost, including the health care, is less than the cost of providing the care by another method authorized under this chapter. (g) “Covered beneficiary” means a person covered under section 1079 or 1086 of this title. This section does not otherwise define the quoted term.
the actual law source: uscode.house.gov ↗public domain
(a)Program Authorized.—

The Secretary of Defense may conduct a specialized treatment facility program pursuant to regulations prescribed by the Secretary of Defense. The Secretary shall consult with the other administering Secretaries in prescribing regulations for the program and in conducting the program.

(b)Facilities Authorized To Be Used.—

Under the specialized treatment facility program, the Secretary may designate health care facilities of the uniformed services and civilian health care facilities as specialized treatment facilities.

(c)Waiver of Nonemergency Health Care Restriction.—

Under the specialized treatment facility program, the Secretary may waive, with regard to the provision of a particular service, the 40-mile radius restriction set forth in section 1079(a)(6) of this title if the Secretary determines that the use of a different geographical area restriction will result in a more cost-effective provision of the service.

(d)Civilian Facility Service Area.—

For purposes of the specialized treatment facility program, the service area of a civilian health care facility designated pursuant to subsection (b) shall be comparable in size to the service areas of facilities of the uniformed services.

(e)Issuance of Nonavailability of Health Care Statements.—

A covered beneficiary who resides within the service area of a specialized treatment facility designated under the specialized treatment facility program may be required to obtain a nonavailability of health care statement in the case of a specialized service offered by the facility in order for the covered beneficiary to receive the service outside of the program.

(f)Payment of Costs Related to Care in Specialized Treatment Facilities.—
(1)

Subject to paragraph (2), in connection with the treatment of a covered beneficiary under the specialized treatment facility program, the Secretary may provide the following benefits:

(A)

Full or partial reimbursement of a member of the uniformed services for the reasonable expenses incurred by the member in transporting a covered beneficiary to or from a health care facility of the uniformed services or a civilian health care facility at which specialized health care services are provided pursuant to this chapter.

(B)

Full or partial reimbursement of a person (including a member of the uniformed services) for the reasonable expenses of transportation, temporary lodging, and meals (not to exceed a per diem rate determined in accordance with implementing regulations) incurred by such person in accompanying a covered beneficiary as a nonmedical attendant to a health care facility referred to in subparagraph (A).

(C)

In-kind transportation, lodging, or meals instead of reimbursements under subparagraph (A) or (B) for transportation, lodging, or meals, respectively.

(2)

The Secretary may make reimbursements for or provide transportation, lodging, and meals under paragraph (1) in the case of a covered beneficiary only if the total cost to the Department of Defense of doing so and of providing the health care in such case is less than the cost to the Department of providing the health care to the covered beneficiary by other means authorized under this chapter.

(g)Covered Beneficiary Defined.—

In this section, the term “covered beneficiary” means a person covered under section 1079 or 1086 of this title.

Source credit: (Added Pub. L. 102–190, div. A, title VII, § 715(a), Dec. 5, 1991, 105 Stat. 1403; amended Pub. L. 103–160, div. A, title VII, § 716(a)(1), Nov. 30, 1993, 107 Stat. 1691; Pub. L. 104–106, div. A, title VII, § 706, Feb. 10, 1996, 110 Stat. 373; Pub. L. 113–291, div. A, title VII, § 703(c)(3), Dec. 19, 2014, 128 Stat. 3412.)

history & why it existsrecord from the source credit
  • 1991Enacted · Pub. L. 102-190 · 105 Stat. 1403
  • 1993Amended · Pub. L. 103-160 · 107 Stat. 1691
  • 1996Amended · Pub. L. 104-106 · 110 Stat. 373
  • 2014Amended · Pub. L. 113-291 · 128 Stat. 3412

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-190 on 1991-12-05.

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