r/title-10-ARMED-FORCES wiki — defined terms
The statute’s own glossary: every term Title 10 defines, in section order.
“State” applies in that section
the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and a possession of the United States.
“legal assistance” applies in that section
The term “legal assistance” means legal services authorized under section 1044 of this title .
“person eligible for legal assistance” applies in that section
The term “person eligible for legal assistance” means a person who is eligible for legal assistance under section 1044 of this title .;
“State” applies in that section
The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and a possession of the United States.;
“military legal assistance counsel” applies in that section
The term “military legal assistance counsel” means— (A) a judge advocate (as defined in section 801(13) of this title ); or (B) a civilian attorney serving as a legal assistance officer under the provisions of section 1044 of this title .;
“person eligible for military legal assistance” applies in that section
The term “person eligible for military legal assistance” means a person who is eligible for legal assistance under section 1044 of this title .;
“State” applies in that section
The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and each possession of the United States.
“alleged sex-related offense” applies in that section
the term “alleged sex-related offense” means any allegation of— (1) a violation of section 920, 920b, 920c, or 930 of this title (article 120, 120b, 120c, or 130 of the Uniform Code of Military Justice); or (2) an attempt to commit an offense specified in a paragraph (1) as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice). (i) Regulations .— The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall prescribe regulations to carry out this section.
“military service” applies in that section
the term “military service” means the Army, Navy, Air Force, Marine Corps, and Space Force.
“Secretary concerned” applies in that section
The term “Secretary concerned” includes the Secretary of Health and Human Services with respect to the commissioned corps of the Public Health Service and the Secretary of Commerce with respect to the commissioned corps of the National Oceanic and Atmospheric Administration.
“State” applies in that section
The term “State” means any State, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.;
“qualified adoption agency” applies in that section
The term “qualified adoption agency” means any of the following: (A) A State or local government agency which has responsibility under State or local law for child placement through adoption. (B) A nonprofit, voluntary adoption agency which is authorized by State or local law to place children for adoption. (C) Any other source authorized by a State to provide adoption placement if the adoption is supervised by a court under State or local law.
“qualifying adoption expenses” applies in that section
The term “qualifying adoption expenses” means reasonable and necessary expenses that are directly related to the legal adoption of a child under 18 years of age, but only if such adoption is arranged by a qualified adoption agency or other source authorized to place children for adoption under State or local law. Such term does not include any expense incurred— (A) by an adopting parent for travel; or (B) in connection with an adoption arranged in violation of Federal, State, or local law.;
“reasonable and necessary expenses” applies in that section
The term “reasonable and necessary expenses” includes— (A) public and private agency fees, including adoption fees charged by an agency in a foreign country; (B) placement fees, including fees charged adoptive parents for counseling; (C) legal fees (including court costs) in connection with services that are unavailable to a member of the armed forces under section 1044 or 1044a of this title; and (D) medical expenses, including hospital expenses of the biological mother of the child to be adopted and of a newborn infant to be adopted.;
“financial institution” applies in that section
The term “financial institution” means a bank, savings and loan association, or similar institution or a credit union chartered by the United States or a State.;
“pay” applies in that section
The term “pay” includes (A) retired pay, and (B) allowances.
“head of the agency concerned” applies in that section
the term “head of the agency concerned” means the Secretary of Defense, the Secretary of a military department, or the Secretary of the department in which the Coast Guard is operating, as appropriate.
“landlord” applies in that section
the term “landlord” means a person who leases a rental unit to a member of the armed forces.
“recovered person” applies in that section
The term “recovered person” means an individual who is returned alive from separation (whether as an individual or a group) while participating in or in association with a United States-sponsored military activity or mission in which the individual was detained in isolation or held in captivity by a hostile entity.
“State” applies in that section
the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, and American Samoa.
“military law enforcement official” applies in that section
the term “military law enforcement official” means a person authorized under regulations governing the armed forces to apprehend persons subject to the Uniform Code of Military Justice (chapter 47 of this title) or to trial thereunder.
“retired member” applies in that section
the term “retired member” means a member or former member of the uniformed services who is entitled to receive retired or retainer pay. (g) Civil Employment by Foreign Governments .— For a provision of law providing the consent of Congress to civil employment by foreign governments, see section 908 of title 37 .
“dependent” applies in that section
The term “dependent” has the meaning given such term in subparagraphs (A), (D), (E), and (I) of section 1072(2) of this title .;
“eligible civilian” applies in that section
The term “eligible civilian” means— (A) a dependent of a member of the armed forces residing with the member outside the United States; (B) an employee of a military department who is a national of the United States and is residing outside the United States in connection with such individual’s employment or a dependent of such individual residing with the employee outside the United States; or (C) an employee of a Department of Defense contractor who is a national of the United States and is residing outside the United States in connection with such individual’s employment or a dependent of such individual residing with the employee outside the United States.;
“national of the United States” applies in that section
The term “national of the United States” means— (A) a citizen of the United States; or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States, as determined in accordance with the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.).;
“nutrition education” applies in that section
The terms “nutrition education” and “supplemental foods” have the meanings given the terms in section 17(b) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(b) ).
“supplemental foods” applies in that section
The terms “nutrition education” and “supplemental foods” have the meanings given the terms in section 17(b) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(b) ).
“military ID card” applies in that section
The term “military ID card” means a card or other form of identification used for purposes of demonstrating eligibility for any benefit from the Department of Defense.;
“retiree dependent” applies in that section
The term “retiree dependent” means a person who is a dependent of a retired member of the uniformed services, or a survivor of a deceased retired member of the uniformed services, who is eligible for any benefit from the Department of Defense.
“MWR retail facilities” applies in that section
the term “MWR retail facilities” has the meaning given that term in section 1063 of this title .
“MWR retail facilities” applies in that section
the term “MWR retail facilities” means exchange stores and other revenue-generating facilities operated by nonappropriated fund activities of the Department of Defense for the morale, welfare, and recreation of members of the armed forces.
“federally declared disaster” applies in that section
The term “federally declared disaster” means a disaster or other situation for which a Presidential declaration of major disaster is issued under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ). (2) MWR retail facilities .—
“MWR retail facilities” applies in that section
The term “MWR retail facilities” has the meaning given that term in section 1063(e) 1 of this title. (3) National emergency .—
“national emergency” applies in that section
The term “national emergency” means a national emergency declared by the President or Congress.
“caregiver” applies in that section
The terms “caregiver” and “family caregiver” have the meanings given those terms in section in section 1720G(d) of title 38 .;
“family caregiver” applies in that section
The terms “caregiver” and “family caregiver” have the meanings given those terms in section in section 1720G(d) of title 38 .;
“Foreign Service officer” applies in that section
The term “Foreign Service officer” has the meaning given that term in section 103 of the Foreign Service Act of 1980 ( 22 U.S.C. 3903 ).;
“former prisoner of war” applies in that section
The terms “veteran”, “former prisoner of war”, and “service-connected” have the meanings given those terms in section 101 of title 38 .;
“mandatory home leave” applies in that section
The term “mandatory home leave” means leave under section 903 of the Foreign Service Act of 1980 ( 22 U.S.C. 4083 ).
“Medal of Honor recipient” applies in that section
The term “Medal of Honor recipient” has the meaning given that term in section 1074h(c) of this title .;
“MWR facilities” applies in that section
The term “MWR facilities” includes— (A) MWR retail facilities, as that term is defined in section 1063(e) 1 of this title; and (B) military lodging operated by the Department of Defense for the morale, welfare, and recreation of members of the armed forces.;
“service-connected” applies in that section
The terms “veteran”, “former prisoner of war”, and “service-connected” have the meanings given those terms in section 101 of title 38 .;
“veteran” applies in that section
The terms “veteran”, “former prisoner of war”, and “service-connected” have the meanings given those terms in section 101 of title 38 .;
“MWR retail facility” applies in that section
The term “MWR retail facility” has the meaning given that term in section 1063 of this title .;
“protective services civilian employee” applies in that section
The term “protective services civilian employee” means a position in any of the following series (or successor classifications) of the General Schedule: (A) Security Administration (GS–0080). (B) Fire Protection and Prevention (GS–0081). (C) Police (GS–0083). (D) Security Guard (GS–0085). (E) Emergency Management (GS–0089).
“administering Secretaries” applies throughout its chapter
The term “administering Secretaries” means the Secretaries of executive departments specified in section 1073 of this title as having responsibility for administering this chapter.;
“Civilian Health and Medical Program of the Uniformed Services” applies throughout its chapter
The term “Civilian Health and Medical Program of the Uniformed Services” means the program authorized under sections 1079 and 1086 of this title and includes contracts entered into under section 1091 or 1097 of this title and demonstration projects under section 1092 of this title .;
“covered beneficiary” applies throughout its chapter
The term “covered beneficiary” means a beneficiary under this chapter other than a beneficiary under section 1074(a) of this title . (6) The term “child”, with respect to a member or former member of a uniformed service, means the following: (A) An unmarried legitimate child. (B) An unmarried adopted child. (C) An unmarried stepchild.
“custodial care” applies throughout its chapter
The term “custodial care” means treatment or services, regardless of who recommends such treatment or services or where such treatment or services are provided, that— (A) can be rendered safely and reasonably by a person who is not medically skilled; or (B) is or are designed mainly to help the patient with the activities of daily living.;
“domiciliary care” applies throughout its chapter
The term “domiciliary care” means care provided to a patient in an institution or homelike environment because— (A) providing support for the activities of daily living in the home is not available or is unsuitable; or (B) members of the patient’s family are unwilling to provide the care.;
“health care” applies throughout its chapter
The term “health care” includes mental health care.;
“TRICARE Extra” applies throughout its chapter
The term “TRICARE Extra” means the preferred-provider option of the TRICARE program made available prior to January 1, 2018 , under which TRICARE Standard beneficiaries may obtain discounts on cost sharing as a result of using TRICARE network providers.;
“TRICARE for Life” applies throughout its chapter
The term “TRICARE for Life” means the Medicare wraparound coverage option of the TRICARE program made available to the beneficiary by reason of section 1086(d) of this title .;
“TRICARE Prime” applies throughout its chapter
The term “TRICARE Prime” means the managed care option of the TRICARE program.;
“TRICARE program” applies throughout its chapter
The term “TRICARE program” means the various programs carried out by the Secretary of Defense under this chapter and any other provision of law providing for the furnishing of medical and dental care and health benefits to members and former members of the uniformed services and their dependents, including the following health plan options: (A) TRICARE Prime. (B) TRICARE Select. (C) TRICARE for Life.;
“TRICARE Select” applies throughout its chapter
The term “TRICARE Select” means the self-managed, preferred-provider network option under the TRICARE program established by section 1075 of this title .;
“TRICARE Standard” applies throughout its chapter
The term “TRICARE Standard” means the TRICARE program made available prior to January 1, 2018 , covering health benefits contracted for under the authority of section 1079(a) or 1086(a) of this title and subject to the same rates and conditions as apply to persons covered under those sections.
“uniformed services” applies throughout its chapter
The term “uniformed services” means the armed forces and the Commissioned Corps of the National Oceanic and Atmospheric Administration and of the Public Health Service. (2) The term “dependent”, with respect to a member or former member of a uniformed service, means— (A) the spouse; (B) the unremarried widow; (C) the unremarried widower; (D) a child who— (i) has not attained the age of 21; (ii) has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary and is, or was at the time of the member’s or former member’s death, in fact dependent on the member or former member for over one-half of the …
“career appointee” applies in that section
The term “career appointee” has the meaning given that term in section 3132(a)(4) of title 5 .;
“Defense Health Agency” applies in that section
The term “Defense Health Agency” means the Defense Agency established pursuant to Department of Defense Directive 5136.13, or such successor Defense Agency.;
“military medical treatment facility” applies in that section
The term “military medical treatment facility” means— (A) any fixed facility of the Department of Defense that is outside of a deployed environment and used primarily for health care; and (B) any other location used for purposes of providing health care services as designated by the Secretary of Defense.
“core casualty receiving facility” applies in that section
The term “core casualty receiving facility” means a Role 4 medical treatment facility that serves as a medical hub for the receipt and treatment of casualties, including civilian casualties, that may result from combat or from an event the President determines or declares as a natural disaster, mass casualty event, or other national emergency.;
“covered facility” applies in that section
the term “covered facility” means a military medical treatment facility located outside the United States. (f) Notification Required to Modify Scope of Services Provided at Military Medical Treatment Facilities .— (1) The Secretary of Defense may not modify the scope of medical care provided at a military medical treatment facility, or the beneficiary population served at the facility, unless— (A) the Secretary submits to the Committees on Armed Services of the House of Representatives and the Senate a notification of the proposed modification in scope; (B) a period of 180 days has elapsed following the date on which the Secretary submits such notification; and (C) if the proposed …
“eligible beneficiary” applies in that section
the term “eligible beneficiary” means any beneficiary under this chapter. (5) (A) The Secretary of Defense shall designate and maintain certain military medical treatment facilities as core casualty receiving facilities, to ensure the medical capability and capacity required to diagnose, treat, and rehabilitate large volumes of combat casualties and, as may be directed by the President or the Secretary, provide a medical response to events the President determines or declares as natural disasters, mass casualty events, or other national emergencies.
“Role 4 medical treatment facility” applies in that section
The term “Role 4 medical treatment facility” means a medical treatment facility that provides the full range of preventative, curative, acute, convalescent, restorative, and rehabilitative care. (c) Hospitals .— (1) The Secretary of Defense shall maintain hospitals in areas where civilian health care facilities are unable to support the health care needs of members of the armed forces and covered beneficiaries. (2) Hospitals shall provide— (A) inpatient and outpatient health services to maintain medical readiness; and (B) such other programs and functions as the Secretary determines appropriate.
“fraud and abuse” applies in that section
the term “fraud and abuse” means any conduct specified in subsection (a) or (b) of section 1128A of the Social Security Act ( 42 U.S.C. 1320a–7a ).
“delayed-effective-date active-duty order” applies in that section
the term “delayed-effective-date active-duty order” means an order to active duty for a period of more than 30 days under section 12304b of this title or a provision of law referred to in section 101(a)(13)(B) of this title that provides for active-duty service to begin under such order on a date after the date of the issuance of the order.
“primary and preventive health care services for women” applies in that section
the term “primary and preventive health care services for women” means health care services, including related counseling services, provided to women with respect to the following: (1) Cervical cancer screening. (2) Breast cancer screening, including through the use of digital breast tomosynthesis. (3) Comprehensive obstetrical and gynecological care, including care related to pregnancy and the prevention of pregnancy. (4) Infertility and sexually transmitted diseases, including prevention. (5) Menopause, including hormone replacement therapy and counseling regarding the benefits and risks of hormone replacement therapy.
“Persian Gulf veteran” applies in that section
The term “Persian Gulf veteran” means a member of the armed forces who served on active duty in the Southwest Asia theater of operations during the Persian Gulf Conflict.;
“qualifying Persian Gulf symptom or illness” applies in that section
The term “qualifying Persian Gulf symptom or illness” means, with respect to a member described in subsection (b), a symptom or illness— (A) that the member registered before September 1, 1997 , in the Comprehensive Clinical Evaluation Program of the Department of Defense and that is presumed under section 721(d) of the National Defense Authorization Act for Fiscal Year 1995 ( 10 U.S.C.
“eligible covered beneficiary” applies in that section
The term “eligible covered beneficiary” means a covered beneficiary for whom eligibility to receive pharmacy benefits through the means described in subsection (a)(2)(E) is established under this chapter or another provision of law.;
“over-the-counter drug” applies in that section
The term “over-the-counter drug” means a drug that is not subject to section 503(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 353(b) ).;
“pharmaceutical agent” applies in that section
The term “pharmaceutical agent” means drugs, biological products, and medical devices under the regulatory authority of the Food and Drug Administration.;
“prescription drug” applies in that section
The term “prescription drug” means a drug that is subject to section 503(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 353(b) ). (j) Regulations .— The Secretary of Defense shall, after consultation with the other administering Secretaries, prescribe regulations to carry out this section.
“immediate dependent” applies in that section
The term “immediate dependent” means a dependent described in subparagraph (A), (B), (C), or (D) of section 1072(2) of this title .
“Medal of Honor recipient” applies in that section
The term “Medal of Honor recipient” means a person who has been awarded a medal of honor under section 7271, 8291, or 9271 of this title or section 2732 of title 14 .;
“combat-related disability” applies in that section
The term “combat-related disability” has the meaning given that term in section 1413a of this title .
“dental specialist” applies in that section
The term “dental specialist” means an oral surgeon, orthodontist, prosthodontist, periodontist, endodontist, or pediatric dentist, and includes such other providers of dental care and services as determined appropriate by the Secretary of Defense.;
“specialty care provider” applies in that section
The term “specialty care provider” includes a dental specialist.;
“skilled nursing facility” applies in that section
The term “skilled nursing facility” has the meaning given such term in section 1819(a) of the Social Security Act ( 42 U.S.C. 1395i–3(a) ).;
“spell of illness” applies in that section
The term “spell of illness” has the meaning given such term in section 1861(a) of such Act ( 42 U.S.C. 1395x(a) ). (3) The program shall include a comprehensive, part-time or intermittent home health care benefit that shall be provided in the manner and under the conditions described in section 1861(m) of the Social Security Act ( 42 U.S.C. 1395x(m) ). (4) The Secretary of Defense may take such actions as are necessary to ensure that there is an effective transition in the furnishing of part-time or intermittent home health care benefits for covered beneficiaries who were receiving such benefits before the establishment of the program under this section.
“covered member” applies in that section
the term “covered member” means a member of the armed forces who is— (1) serving on active duty; and (2) diagnosed with post-traumatic stress disorder or traumatic brain injury.
“active-duty family member category” applies in that section
The terms “active-duty family member category”, “retired category”, and “reserve and young adult category” mean the respective categories of TRICARE Select enrollment described in subsection (b).;
“network” applies in that section
The term “network” means— (A) with respect to health care services, such services provided to beneficiaries by TRICARE-authorized civilian health care providers who have entered into a contract under this chapter with a contractor under the TRICARE program; and (B) with respect to providers, civilian health care providers who have agreed to accept a pre-negotiated rate as the total charge for services provided by the provider and to file claims for beneficiaries.;
“out-of-network” applies in that section
The term “out-of-network” means, with respect to health care services, such services provided by TRICARE-authorized civilian providers who have not entered into a contract under this chapter with a contractor under the TRICARE program.
“reserve and young adult category” applies in that section
The terms “active-duty family member category”, “retired category”, and “reserve and young adult category” mean the respective categories of TRICARE Select enrollment described in subsection (b).;
“retired category” applies in that section
The terms “active-duty family member category”, “retired category”, and “reserve and young adult category” mean the respective categories of TRICARE Select enrollment described in subsection (b).;
“eligible dependent” applies in that section
the term “eligible dependent” means a dependent described in subparagraph (A), (D), or (I) of section 1072(2) of this title . (2) Such term includes any such dependent of a member who dies— (A) while on active duty for a period of more than 30 days; or (B) while such member is a member of the Ready Reserve.
“non-standard option plan” applies in that section
The term “non-standard option plan” means a high option dental insurance plan that includes covered services in addition to, or provides greater coverage with respect to, services covered under a standard option plan.;
“standard option plan” applies in that section
The term “standard option plan” means a dental insurance plan that provides for the coverage of preventive services, basic restorative services, and specialty dental care services at a level that is at least commensurate with the coverage of the same services provided under the premium sharing plans under this section during the period preceding January 1, 2027 .
“eligible child dependent” applies in that section
The term “eligible child dependent” means a dependent described in subparagraph (D) or (I) of section 1072(2) of this title .;
“eligible dependent” applies in that section
The term “eligible dependent” means a dependent described in subparagraph (A), (D), or (I) of section 1072(2) of this title .;
“retired pay” applies in that section
The term “retired pay” includes retainer pay.
“TRICARE Reserve Select” applies in that section
The term “TRICARE Reserve Select” means— (A) medical care at facilities of the uniformed services to which a dependent described in section 1076(a)(2) of this title is entitled; and (B) health benefits under the TRICARE Select self-managed, preferred provider network option under section 1075 of this title made available to beneficiaries by reason of this section and subject to the cost-sharing requirements set forth in such section 1075.
“TRICARE Retired Reserve” applies in that section
The term “TRICARE Retired Reserve” means— (A) medical care at facilities of the uniformed services to which a dependent described in section 1076(a)(2) of this title is entitled; and (B) health benefits under the TRICARE Select self-managed, preferred provider network option under section 1075 of this title made available to beneficiaries by reason of this section and subject to the cost-sharing requirements set forth in such section 1075.
“disaster response duty” applies in that section
The term “disaster response duty” means duty performed by a member of the National Guard in State status pursuant to an emergency declaration by the Governor of the State (or, with respect to the District of Columbia, the mayor of the District of Columbia) in response to a disaster or in preparation for an imminent disaster.;
“State” applies in that section
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.
“covered disease or condition” applies in that section
the term “covered disease or condition” means— (A) inborn errors of metabolism; (B) medical conditions of malabsorption; (C) pathologies of the alimentary tract or the gastrointestinal tract; (D) a neurological or physiological condition; and (E) such other diseases or conditions the Secretary determines appropriate.
“hospice care” applies in that 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) ). (e) (1) Authority to provide a prosthetic device under subsection (a)(15) includes authority to provide the following: (A) Any accessory or item of supply that is used in conjunction with the device for the purpose of achieving therapeutic benefit and proper functioning. (B) Services necessary to train the recipient of the device in the use of the device. (C) Repair of the device for normal wear and tear or damage.
“TRICARE Reserve Select” applies in that section
the term “TRICARE Reserve Select” means TRICARE Standard coverage provided under section 1076d of this title .
“eating disorder” applies in that section
the term “eating disorder” has the meaning given the term “feeding and eating disorders” in the Diagnostic and Statistical Manual of Mental Disorders, 5th Edition (or successor edition), published by the American Psychiatric Association.
“eligible dependent” applies in that section
The term “eligible dependent” means a dependent of a member of the uniformed services on active duty for a period of more than 30 days, as described in subparagraph (A), (D), or (I) of section 1072(2) of this title , who has a qualifying condition.;
“provider of services” applies in that section
the term “provider of services” means a hospital, skilled nursing facility, comprehensive outpatient rehabilitation facility, home health agency, hospice program (as defined in section 1861(dd)(2) of the Social Security Act ( 42 U.S.C. 1395x(dd)(2) )), or other institutional facility providing services for which payment may be made under a plan covered by this section. (j) A plan covered by this section may include provision of liver transplants (including the cost of acquisition and transportation of the donated liver) in accordance with this subsection.
“qualifying condition” applies in that section
The term “qualifying condition” means the condition of a dependent who is moderately or severely mentally retarded, has a serious physical disability, or has an extraordinary physical or psychological condition. (e) (1) Extended benefits for eligible dependents under subsection (d) may include comprehensive health care services (including services necessary to maintain, or minimize or prevent deterioration of, function of the patient) and case management services with respect to the qualifying condition of such a dependent, and include, to the extent such benefits are not provided under provisions of this chapter other than under this section, the following: (A) Diagnosis and screening.
“TRICARE Prime” applies in that section
the term “TRICARE Prime” means the managed care option of the TRICARE program. (h) (1) Except as provided in paragraphs (2) and (3), payment for a charge for services by an individual health care professional (or other noninstitutional health care provider) for which a claim is submitted under a plan contracted for under subsection (a) shall be equal to an amount determined to be appropriate, to the extent practicable, in accordance with the same reimbursement rules as apply to payments for similar services under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq.).
“covered payer” applies in that section
The term “covered payer” means a third-party payer or other insurance, medical service, or health plan.;
“insurance, medical service, or health plan” applies in that section
The terms “third-party payer” and “insurance, medical service, or health plan” have the meaning given those terms in section 1095(h) of this title .
“third-party payer” applies in that section
The terms “third-party payer” and “insurance, medical service, or health plan” have the meaning given those terms in section 1095(h) of this title .
“medicare” applies in that section
The term “medicare” means title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq.).;
“third party payer” applies in that section
The term “third party payer” has the meaning given such term in section 1095(h)(1) of this title . (4) (A) If a person referred to in subsection (c) and described by paragraph (2)(B) is subject to a retroactive determination by the Social Security Administration of entitlement to hospital insurance benefits described in paragraph (1), the person shall, during the period described in subparagraph (B), be deemed for purposes of health benefits under this section— (i) not to have been covered by paragraph (1); and (ii) not to have been subject to the requirements of section 1079(i)(1) of this title , whether through the operation of such section or subsection (g) of this section.
“conversion health policy” applies in that section
the term “conversion health policy” means a health insurance policy with a private insurer, developed through negotiations between the Secretary of Defense and the private insurer, that is available for purchase by or for the use of a person who is a dependent for a one-year period under section 1072(2)(H) of this title .
“head of the agency concerned” applies in that section
the term “head of the agency concerned” means— (1) the Director of the Central Intelligence Agency, in the case of an employee of the Central Intelligence Agency; (2) the Secretary of Homeland Security, in the case of a member or employee of the Coast Guard when it is not operating as a service in the Navy; (3) the Chief Operating Officer of the Armed Forces Retirement Home, in the case of an employee of the Armed Forces Retirement Home; and (4) the Secretary of Defense, in all other cases.
“eating disorder” applies in that section
the term “eating disorder” has the meaning given that term in section 1079(r) of this title .
“necessary facilities” applies in that section
the term “necessary facilities” includes facilities that provide the services specified in section 1079(r)(1) of this title . (2) Consistent with section 1079(r)(1)(B) of this title , residential services shall be provided to a member pursuant to this section only if the member has a primary diagnosis of an eating disorder and treatment at such facility is medically indicated for treatment of that eating disorder. (c) Eating Disorder Defined .— In this section,
“least restrictive alternative principle” applies in that section
The term “least restrictive alternative principle” means a principle under which a member of the armed forces committed for hospitalization and treatment shall be placed in the most appropriate and therapeutic available setting— (A) that is no more restrictive than is conducive to the most effective form of treatment; and (B) in which treatment is available and the risks of physical injury or property damage posed by such placement are warranted by the proposed plan of treatment.
“mental health evaluation” applies in that section
The term “mental health evaluation” means a psychiatric examination or evaluation, a psychological examination or evaluation, an examination for psychiatric or psychological fitness for duty, or any other means of assessing the state of mental health of a member of the armed forces.;
“mental health professional” applies in that section
The term “mental health professional” means a psychiatrist or clinical psychologist, a person with a doctorate in clinical social work, or a psychiatric clinical nurse specialist.;
“independent health care contractor” applies in that section
the term “independent health care contractor” means a health care provider who meets the following criteria: (1) The health care provider is a nonpersonal services contractor, or an employee of such a contractor, pursuant to subpart 37.4 of the Federal Acquisition Regulation, or other applicable regulation. (2) The health care provider provides health care services under this chapter in any military medical treatment facility (as defined in section 1073c(j) of this title ) or other location under the jurisdiction of the Secretary of Defense, including an operational clinic.
“health-care professional” applies in that section
The term “health-care professional” means a physician, dentist, clinical psychologist, marriage and family therapist certified as such by a certification recognized by the Secretary of Defense, or nurse and any other person providing direct patient care as may be designated by the Secretary of Defense in regulations.;
“license” applies in that section
The term “license”— (A) means a grant of permission by an official agency of a State, the District of Columbia, or a Commonwealth, territory, or possession of the United States to provide health care independently as a health-care professional, or the official agency of the government of a partner country; and (B) includes, in the case of such care furnished in a foreign country by any person who is not a national of the United States, a grant of permission by an official agency of that foreign country for that person to provide health care independently as a health-care professional.;
“partner country” applies in that section
The term “partner country” means any of the following: (A) Australia. (B) Canada. (C) New Zealand. (D) The United Kingdom. (E) Any other country designated as a partner country by the Secretary of Defense for the purposes of this section.
“health care services” applies in that section
The term “health care services” includes products provided or purchased through a facility of the uniformed services. (i) (1) In the case of a third-party payer that is an automobile liability insurance or no fault insurance carrier, the right of the United States to collect under this section shall extend to health care services provided to a person entitled to health care under section 1074(a) of this title . (2) In cases in which a tort liability is created upon some third person, collection from a third-party payer that is an automobile liability insurance carrier shall be governed by the provisions of Public Law 87–693 ( 42 U.S.C. 2651 et seq.).
“insurance, medical service, or health plan” applies in that section
The term “insurance, medical service, or health plan” includes a preferred provider organization, an insurance plan described as Medicare supplemental insurance, and a personal injury protection plan or medical payments benefit plan for personal injuries resulting from the operation of a motor vehicle.;
“third-party payer” applies in that section
The term “third-party payer” means an entity that provides an insurance, medical service, or health plan by contract or agreement, including an automobile liability insurance or no fault insurance carrier, and any other plan or program that is designed to provide compensation or coverage for expenses incurred by a beneficiary for health care services or products. Such term also includes entities described in subsection (j) under the terms and to the extent provided in such subsection.;
“captive status” applies in that section
The terms “captive status” and “former captive” have the meanings given those terms in section 559 of title 37 .;
“dependent” applies in that section
The term “dependent” has the meaning given that term in section 551 of that title.
“former captive” applies in that section
The terms “captive status” and “former captive” have the meanings given those terms in section 559 of title 37 .;
“third-party payer” applies in that section
the term “third-party payer” has the meaning given that term in section 1095(h) of this title , except that such term excludes primary medical insurers.
“clean claim” applies in that section
the term “clean claim” means a claim that has no defect, impropriety (including a lack of any required substantiating documentation), or particular circumstance requiring special treatment that prevents timely payment on the claim under this section. (b) Requirement to Provide Start-Up Time For Certain Contractors .— (1) Except as provided in paragraph (3), the Secretary of Defense shall not require that a contractor described in paragraph (2) begin to provide managed care support pursuant to a contract to provide such support under the TRICARE program until at least nine months after the date of the award of the contract, but in no case later than one year after the date of such award.
“eligible dependent” applies in that section
the term “eligible dependent” means a dependent described in subparagraph (A), (D), or (I) of section 1072(2) of this title .
“institution of higher education” applies in that section
The term “institution of higher education” means a four-year institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )).;
“National Disaster Medical System” applies in that section
The term “National Disaster Medical System” means the system established under section 2812 of the Public Health Service Act ( 42 U.S.C. 300hh–11 ).;
“Program” applies in that section
The term “Program” means the Military-Civilian Medical Surge Program established under paragraph (1).
“TRICARE Prime” applies in that section
The term “TRICARE Prime” means the managed care option of the TRICARE program. (2) The term “catchment area”, with respect to a facility of a uniformed service, means the service area of the facility, as designated under regulations prescribed by the administering Secretaries.
“employer” applies in that section
The term “employer” includes a State or unit of local government.;
“group health plan” applies in that section
The term “group health plan” means a group health plan (as that term is defined in section 5000(b)(1) of the Internal Revenue Code of 1986 without regard to section 5000(d) of the Internal Revenue Code of 1986).;
“TRICARE-eligible employee” applies in that section
The term “TRICARE-eligible employee” means a covered beneficiary under section 1086 of this title entitled to health care benefits under the TRICARE program. (g) Effective Date .— This section shall take effect on January 1, 2008 .
“significant change” applies in that section
the term “significant change” means a systemwide change— (1) in the structure of the TRICARE program or the benefits provided under the TRICARE program (not including the addition of new services or benefits); or (2) in beneficiary cost-share rates of more than 20 percent.
“health care provider” applies in that section
The term “health care provider” means any military or civilian health care professional who, under regulations of a military department, is granted clinical practice privileges to provide health care services in a military medical or dental treatment facility or who is licensed or certified to perform health care services by a governmental board or agency or professional health care society or organization.;
“medical quality assurance program” applies in that section
The term “medical quality assurance program” means any peer review activity carried out before, on, or after November 14, 1986 by or for the Department of Defense to assess the quality of medical care, including activities conducted by individuals, military medical or dental treatment facility committees, or other review bodies responsible for quality assurance, credentials, infection control, patient care assessment (including treatment procedures, blood, drugs, and therapeutics), medical records, health resources management review and identification and prevention of medical or dental incidents and risks.;
“medical quality assurance record” applies in that section
The term “medical quality assurance record” means the proceedings, records, minutes, and reports that emanate from quality assurance program activities described in paragraph (1) and are produced or compiled by the Department of Defense as part of a medical quality assurance program.;
“peer review” applies in that section
The term “peer review” means any assessment of the quality of medical care carried out by a health care professional, including any such assessment of professional performance, any patient safety program root cause analysis or report, or any similar activity described in regulations prescribed by the Secretary under subsection (i). (k) Penalty .— Any person who willfully discloses a medical quality assurance record other than as provided in this section, knowing that such record is a medical quality assurance record, shall be fined not more than $3,000 in the case of a first offense and not more than $20,000 in the case of a subsequent offense.
“State” applies in that section
the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and each possession of the United States.
“shared medical facility” applies in that section
the term “shared medical facility”— (1) means a building or buildings, or a campus, intended to be used by both the Department of Veterans Affairs and the Department of Defense for the provision of health care services, whether under the jurisdiction of the Secretary of Veterans Affairs or the Secretary of Defense, and whether or not located on a military installation or on real property under the jurisdiction of the Secretary of Veterans Affairs; and (2) includes any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, abutting and covered sidewalks, and accommodations for attending personnel.
“covered beneficiary” applies in that section
the term “covered beneficiary” means a person covered under section 1079 or 1086 of this title.
“drug unapproved for its applied use” applies in that section
The term “drug unapproved for its applied use” means a drug administered for a use not described in the approved labeling of the drug under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ).
“investigational new drug” applies in that section
The term “investigational new drug” means a drug covered by section 505(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(i) ).;
“prior consent requirement” applies in that section
The term “prior consent requirement” means the requirement included in the relevant FDA regulations pursuant to section 505(i)(4) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(i)(4) ). (g) Definitions .— In this section:;
“relevant FDA regulations” applies in that section
The term “relevant FDA regulations” means the regulations promulgated under section 505(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(i) ).;
“eligible dependent” applies throughout its chapter
The term “eligible dependent” means a dependent described in section 1076(a)(2) (other than a dependent of a member on active duty), 1076(b), 1086(c)(2), or 1086(c)(3) of this title. (3) The term “medicare-eligible”, with respect to any person, means entitled to benefits under part A of title XVIII of the Social Security Act ( 42 U.S.C. 1395c et seq.).;