51 U.S.C. § 20149 — Medical monitoring and research relating to human space flight
submitted 9 years ago by Pub. L. 115-10 to r/title-51-NATIONAL-AND-COMMERCIAL-SPACE-PROGRAMS · 727 words · no verdicts yet
NASA may provide medical monitoring, diagnosis, and treatment to former astronauts and payload specialists for space-flight-related conditions. This care has no deductibles or copays. NASA's payment comes after any other insurance or legal duty to pay. Nobody can be forced to take part, and NASA must protect the privacy of their medical records.
(a) In General. Despite any other law, the Administrator* may provide (1) medical monitoring and diagnosis for a former U.S. government astronaut or former payload specialist, for conditions the Administrator thinks might be connected to human space flight; and (2) treatment for such a person for conditions the Administrator thinks are connected to human space flight, including psychological and medical testing.
(b) Requirements. (1) No cost sharing: this monitoring, diagnosis, or treatment must be provided with no deductible, copayment, or other cost the patient has to share. (2) Local care allowed: if it would be medically unwise for the former astronaut or payload specialist to travel to the Johnson Space Center, as the Administrator determines, a local health care provider can deliver the care instead. (3) NASA pays second: if some other law or contract already requires the government or a third party to pay for this care, that source pays first. NASA only reimburses whatever is not covered by that other source — because of deductibles, copays, coinsurance, or other cost-sharing — as long as the service is one NASA is authorized to provide under (a). (4) Conditional payments: even when another party is legally required to pay, the Administrator can front the money, or provide the care, conditionally if payment or care from that other source has not happened and cannot reasonably be expected soon, and if NASA's payment is conditioned on being reimbursed by that other source later.
(c) Exclusions. The Administrator may not: (1) provide monitoring or diagnosis for a condition that is not potentially connected to space flight; (2) provide treatment for a condition that is not connected to space flight; or (3) force a former astronaut or payload specialist to take part in this monitoring, diagnosis, or treatment.
(d) Privacy. The Administrator must protect the privacy of all medical records this program creates, following federal privacy law.
(e) Regulations. The Administrator must write whatever regulations are needed to carry out this section.
(f) Definition. "United States government astronaut" has the same meaning as "government astronaut" in section 50902, except it excludes international partner astronauts.
(g) Data Use and Disclosure. The Administrator may use or share data collected during this monitoring, diagnosis, or treatment, consistent with the privacy protections in (d). A former astronaut or payload specialist who takes part in the program is considered to have consented to that use or disclosure.
Notwithstanding any other provision of law, the Administrator* may provide for—
the medical monitoring and diagnosis of a former United States government astronaut or a former payload specialist for conditions that the Administrator considers potentially associated with human space flight; and
the treatment of a former United States government astronaut or a former payload specialist for conditions that the Administrator considers associated with human space flight, including scientific and medical tests for psychological and medical conditions.
The medical monitoring, diagnosis, or treatment described in subsection (a) shall be provided without any deductible, copayment, or other cost sharing obligation.
The medical monitoring, diagnosis, and treatment described in subsection (a) may be provided by a local health care provider if it is unadvisable due to the health of the applicable former United States government astronaut or former payload specialist for that former United States government astronaut or former payload specialist to travel to the Lyndon B. Johnson Space Center, as determined by the Administrator.
Payment or reimbursement for the medical monitoring, diagnosis, or treatment described in subsection (a) shall be secondary to any obligation of the United States Government or any third party under any other provision of law or contractual agreement to pay for or provide such medical monitoring, diagnosis, or treatment. Any costs for items and services that may be provided by the Administrator for medical monitoring, diagnosis, or treatment under subsection (a) that are not paid for or provided under such other provision of law or contractual agreement, due to the application of deductibles, copayments, coinsurance, other cost sharing, or otherwise, are reimbursable by the Administrator on behalf of the former United States government astronaut or former payload specialist involved to the extent such items or services are authorized to be provided by the Administrator for such medical monitoring, diagnosis, or treatment under subsection (a).
The Administrator may provide for conditional payments for or provide medical monitoring, diagnosis, or treatment described in subsection (a) that is obligated to be paid for or provided by the United States or any third party under any other provision of law or contractual agreement to pay for or provide such medical monitoring, diagnosis, or treatment if—
payment for (or the provision of) such medical monitoring, diagnosis, or treatment services has not been made (or provided) or cannot reasonably be expected to be made (or provided) promptly by the United States or such third party, respectively; and
such payment (or such provision of services) by the Administrator is conditioned on reimbursement by the United States or such third party, respectively, for such medical monitoring, diagnosis, or treatment.
The Administrator may not—
provide for medical monitoring or diagnosis of a former United States government astronaut or former payload specialist under subsection (a) for any psychological or medical condition that is not potentially associated with human space flight;
provide for treatment of a former United States government astronaut or former payload specialist under subsection (a) for any psychological or medical condition that is not associated with human space flight; or
require a former United States government astronaut or former payload specialist to participate in the medical monitoring, diagnosis, or treatment authorized under subsection (a).
Consistent with applicable provisions of Federal law relating to privacy, the Administrator shall protect the privacy of all medical records generated under subsection (a) and accessible to the Administration*.
The Administrator shall promulgate such regulations as are necessary to carry out this section.
In this section, the term “United States government astronaut” has the meaning given the term “government astronaut” in section 50902, except it does not include an individual who is an international partner astronaut.
The Administrator may use or disclose data acquired in the course of medical monitoring, diagnosis, or treatment of a former United States government astronaut or a former payload specialist under subsection (a), in accordance with subsection (d). Former United States government astronaut or former payload specialist participation in medical monitoring, diagnosis, or treatment under subsection (a) shall constitute consent for the Administrator to use or disclose such data.
Source credit: (Added Pub. L. 115–10, title IV, § 443(a), Mar. 21, 2017, 131 Stat. 45.)
- 2017Enacted · Pub. L. 115-10 · 131 Stat. 45
A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-10 on 2017-03-21.
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