### **CHAPTER 55—MEDICAL AND DENTAL CARE**

Sec.
1071.
Purpose of this chapter.
1072.
Definitions.
1073.
Administration of this chapter.
1073a.
Contracts for health care: best value contracting.
1073b.
Recurring reports and publication of certain data.
1073c.
Administration of Defense Health Agency and military medical treatment facilities.
1073d.
Military medical treatment facilities.
1073e.
Protection of armed forces from infectious diseases.
1073f.
Health care fraud and abuse prevention program.
1074.
Medical and dental care for members and certain former members.
1074a.
Medical and dental care: members on duty other than active duty for a period of more than 30 days.
1074b.
Medical and dental care: Academy cadets and midshipmen; members of, and designated applicants for membership in, Senior ROTC.
1074c.
Medical care: authority to provide a wig.
1074d.
Certain primary and preventive health care services.
1074e.
Medical care: certain Reserves who served in Southwest Asia during the Persian Gulf Conflict.
1074f.
Medical tracking system for members deployed overseas.
1074g.
Pharmacy benefits program.
1074h.
Medical and dental care: medal of honor recipients; dependents.
1074i.
Reimbursement for certain travel expenses.
1074j.
Sub-acute care program.
1074k.
Long-term care insurance.
1074 l.
Notification to Congress of hospitalization of combat wounded members.
1074m.
Mental health assessments for members of the armed forces deployed in support of a contingency operation.
1074n.
Annual mental health assessments for members of the armed forces.
1074 o.
Provision of hyperbaric oxygen therapy for certain members.
1075.
TRICARE Select.
1075a.
TRICARE Prime: cost sharing.
1076.
Medical and dental care for dependents: general rule.
1076a.
TRICARE dental program.
[1076b.
Repealed.]
1076c.
Dental insurance plan: certain retirees and their surviving spouses and other dependents.
1076d.
TRICARE program: TRICARE Reserve Select coverage for members of the Selected Reserve.
1076e.
TRICARE program: TRICARE Retired Reserve coverage for certain members of the Retired Reserve who are qualified for a non-regular retirement but are not yet age 60.
1076f.
TRICARE program: extension of coverage for certain members of the National Guard and dependents during certain disaster response duty.
1077.
Medical care for dependents: authorized care in facilities of uniformed services.
1077a.
Access to military medical treatment facilities and other facilities.
1078.
Medical and dental care for dependents: charges.
1078a.
Continued health benefits coverage.
1078b.
Provision of food to certain members and dependents not receiving inpatient care in military medical treatment facilities.
1079.
Contracts for medical care for spouses and children: plans.
1079a.
TRICARE program: treatment of refunds and other amounts collected.
1079b.
Procedures for charging fees for care provided to civilians; retention and use of fees collected.
1079c.
Provisional coverage for emerging services and supplies.
1080.
Contracts for medical care for spouses and children: election of facilities.
1081.
Contracts for medical care for spouses and children: review and adjustment of payments.
1082.
Contracts for health care: advisory committees.
1083.
Contracts for medical care for spouses and children: additional hospitalization.
1084.
Determinations of dependency.
1085.
Medical and dental care from another executive department: reimbursement.
1086.
Contracts for health benefits for certain members, former members, and their dependents.
1086a.
Certain former spouses: extension of period of eligibility for health benefits.
1086b.
Prohibition against requiring retired members to receive health care solely through the Department of Defense.
1087.
Programing facilities for certain members, former members, and their dependents in construction projects of the uniformed services.
1088.
Air evacuation patients: furnished subsistence.
1089.
Defense of certain suits arising out of medical malpractice.
1090.
Identifying and treating drug and alcohol dependence.
1090a.
Identifying and treating eating disorders.
1090b.
Commanding officer and supervisor referrals of members for mental health evaluations.
1091.
Personal services contracts.
1092.
Studies and demonstration projects relating to delivery of health and medical care.
1092a.
Persons entering the armed forces: baseline health data.
1093.
Performance of abortions: restrictions.
1094.
Licensure requirement for health-care professionals.
1094a.
Continuing medical education requirements: system for monitoring physician compliance.
1095.
Health care services incurred on behalf of covered beneficiaries: collection from third-party payers.
1095a.
Medical care: members held as captives and their dependents.
1095b.
TRICARE program: contractor payment of certain claims.
1095c.
TRICARE program: facilitation of processing of claims.
1095d.
TRICARE program: waiver of certain deductibles.
1095e.
TRICARE program: beneficiary counseling and assistance coordinators.
1095f.
TRICARE program: referrals and preauthorizations under TRICARE Prime.
1095g.
TRICARE program: waiver of recoupment of erroneous payments caused by administrative error.
1096.
Military-civilian health services partnership program.
1097.
Contracts for medical care for retirees, dependents, and survivors: alternative delivery of health care.
1097a.
TRICARE Prime: automatic enrollment.
1097b.
TRICARE program: financial management.
1097c.
TRICARE program: relationship with employer-sponsored group health plans.
1097d.
TRICARE program: notice of change to benefits.
1098.
Incentives for participation in cost-effective health care plans.
1099.
Health care enrollment system and payment options.
1100.
Defense Health Program Account.
1101.
Resource allocation methods: capitation or diagnosis-related groups.
1102.
Confidentiality of medical quality assurance records: qualified immunity for participants.
1103.
Contracts for medical and dental care: State and local preemption.
1104.
Sharing of health-care resources with the Department of Veterans Affairs.
1104a.
Shared medical facilities with Department of Veterans Affairs.
1105.
Specialized treatment facility program.
1106.
Submittal of claims: standard form; time limits.
1107.
Notice of use of an investigational new drug or a drug unapproved for its applied use.
1107a.
Emergency use products.
1108.
Health care coverage through Federal Employees Health Benefits program: demonstration project.
1109.
Organ and tissue donor program.
1110.
System for tracking and recording vaccine information; anthrax vaccine immunization program.
1110a.
Notification of certain individuals regarding options for enrollment under Medicare part B.
1110b.
TRICARE program: extension of dependent coverage.

#### **Editorial Notes**

#### Amendments

**2021**—Pub. L. 117–81, div. A, title VII, §§701(c)(2), 713(b), 714(a)(2), 716(c), Dec. 27, 2021, 135 Stat. 1779, 1784, 1786, 1789, added items 1073f, 1090a, 1090b, 1104a, and 1110 and struck out former items 1090a "Commanding officer and supervisor referrals of members for mental health evaluations" and 1110 "Anthrax vaccine immunization program; procedures for exemptions and monitoring reactions".

Pub. L. 116–283, div. A, title VII, §712(b), Jan. 1, 2021, 134 Stat. 3692, added item 1073e.

**2019**—Pub. L. 116–92, div. A, title VII, §702(b)(3), Dec. 20, 2019, 133 Stat. 1436, added items 1097a and 1099 and struck out former items 1097a "TRICARE Prime: automatic enrollments; payment options" and 1099 "Health care enrollment system".

**2018**—Pub. L. 115–232, div. A, title X, §1081(a)(13), Aug. 13, 2018, 132 Stat. 1984, inserted period at end of item 1077a.

**2017**—Pub. L. 115–91, div. A, title VII, §703(a)(2), Dec. 12, 2017, 131 Stat. 1435, added item 1074*o.*

**2016**—Pub. L. 114–328, div. A, title VII, §§702(a)(2), 703(a)(2), 704(b), 711(b), 728(b)(2), Dec. 23, 2016, 130 Stat. 2195, 2198, 2201, 2214, 2234, added items 1073c, 1073d, 1076f, and 1077a, and substituted "Recurring reports and publication of certain data" for "Recurring reports" in item 1073b.

Pub. L. 114–328, div. A, title VII, §§701(a)(2), (b)(2), (j)(2), (k), Dec. 23, 2016, 130 Stat. 2184, 2185, 2192, 2193, applicable with respect to the provision of health care under the TRICARE program beginning on Jan. 1, 2018, added items 1075 and 1075a and substituted "TRICARE Reserve Select" for "TRICARE Standard" in item 1076d, "TRICARE Retired Reserve" for "TRICARE Standard" in item 1076e, "TRICARE program" for "CHAMPUS" in item 1079a, and "and preauthorizations under TRICARE Prime" for "for specialty health care" in item 1095f.

**2015**—Pub. L. 114–92, div. A, title VII, §711(b), Nov. 25, 2015, 129 Stat. 864, added item 1095g.

**2014**—Pub. L. 113–291, div. A, title VII, §§701(a)(2), 704(b), 711(b), Dec. 19, 2014, 128 Stat. 3408, 3413, 3414, added items 1074n, 1079c, and 1097d.

**2011**—Pub. L. 112–81, div. A, title VII, §§702(a)(2), 704(b), 711(a)(2), Dec. 31, 2011, 125 Stat. 1471, 1473, 1476, added items 1074m, 1078b, and 1090a.

Pub. L. 111–383, div. A, title VII, §702(a)(2), Jan. 7, 2011, 124 Stat. 4245, added item 1110b.

**2009**—Pub. L. 111–84, div. A, title VII, §§705(b), 707(b), Oct. 28, 2009, 123 Stat. 2375, 2376, added items 1076e and 1110a.

**2008**—Pub. L. 110–181, div. A, title XVI, §1617(b), Jan. 28, 2008, 122 Stat. 449, as amended by Pub. L. 110–417, [div. A], title X, §1061(b)(14), Oct. 14, 2008, 122 Stat. 4613, added item 1074l.

**2006**—Pub. L. 109–364, div. A, title VII, §707(b), Oct. 17, 2006, 120 Stat. 2284, added item 1097c.

Pub. L. 109–364, div. A, title VII, §706(e), Oct. 17, 2006, 120 Stat. 2282, struck out item 1076b "TRICARE program: TRICARE Standard coverage for members of the Selected Reserve" and substituted "TRICARE program: TRICARE Standard coverage for members of the Selected Reserve" for "TRICARE program: coverage for members of reserve components who commit to continued service in the Selected Reserve after release from active duty in support of a contingency operation" in item 1076d, effective Oct. 1, 2007.

Pub. L. 109–163, div. A, title VII, §§701(f)(2), 702(a)(2), Jan. 6, 2006, 119 Stat. 3340, 3342, substituted "TRICARE program: TRICARE Standard coverage for members of the Selected Reserve" for "TRICARE program: coverage for members of the Ready Reserve" in item 1076b and "TRICARE program: coverage for members of reserve components who commit to continued service in the Selected Reserve after release from active duty in support of a contingency operation" for "TRICARE program: coverage for members of reserve components who commit to continued service in the Selected Reserve after release from active duty" in item 1076d.

**2004**—Pub. L. 108–375, div. A, title V, §555(a)(2), title VI, §607(a)(2), title VII, §§701(a)(2), 733(a)(2), 739(a)(2), title X, §1084(d)(7), Oct. 28, 2004, 118 Stat. 1914, 1946, 1981, 1998, 2002, 2061, added items 1073b, 1074b, 1076d, and 1092a, reenacted item 1076b without change, and struck out item 1075 "Officers and certain enlisted members: subsistence charges".

**2003**—Pub. L. 108–136, div. A, title XVI, §1603(b)(2), Nov. 24, 2003, 117 Stat. 1690, added item 1107a.

Pub. L. 108–106, title I, §1115(b), Nov. 6, 2003, 117 Stat. 1218, added item 1076b.

**2001**—Pub. L. 107–107, div. A, title VII, §§701(a)(2), (f)(2), 731(b), 732(a)(2), 736(c)(2), title X, §1048(a)(10), Dec. 28, 2001, 115 Stat. 1158, 1161, 1169, 1173, 1223, struck out item 1074b "Transitional medical and dental care: members on active duty in support of contingency operations", transferred item 1074i to appear after item 1074h, and added items 1074j, 1074k, 1079b, and 1086b.

**2000**—Pub. L. 106–398, §1 [[div. A], title VII, §§706(a)(2), 728(a)(2), 751(b)(2), 758(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–175, 1654A–189, 1654A–194, 1654A–200, added items 1074h, 1074i, 1095f, and 1110.

**1999**—Pub. L. 106–65, div. A, title VII, §§701(a)(2), 711(b), 713(a)(2), 714(b), 715(a)(2), 716(a)(2), 722(b), Oct. 5, 1999, 113 Stat. 680, 687, 689–691, 695, added items 1073a, 1074g, 1076a, 1095c, 1095d, 1095e, and 1097b and struck out former items 1076a "Dependents' dental program" and 1076b "Selected Reserve dental insurance".

**1998**—Pub. L. 105–261, div. A, title VII, §§711(b), 712(a)(2), 721(a)(2), 734(b)(2), 741(b)(2), Oct. 17, 1998, 112 Stat. 2058, 2059, 2065, 2073, 2074, added items 1094a, 1095b, 1097a, 1108, and 1109.

**1997**—Pub. L. 105–85, div. A, title VII, §§738(b), 764(b), 765(a)(2), 766(b), Nov. 18, 1997, 111 Stat. 1815, 1826–1828, added items 1074e, 1074f, 1106, and 1107 and struck out former item 1106 "Submittal of claims under CHAMPUS".

**1996**—Pub. L. 104–201, div. A, title VII, §§701(a)(2)(B), 703(a)(2), 733(a)(2), Sept. 23, 1996, 110 Stat. 2587, 2590, 2598, substituted "Certain primary and preventive health care services" for "Primary and preventive health care services for women" in item 1074d and added items 1076c and 1079a.

Pub. L. 104–106, div. A, title VII, §§705(a)(2), 735(d)(2), 738(b)(2), Feb. 10, 1996, 110 Stat. 373, 383, added item 1076b and substituted "Performance of abortions: restrictions" for "Restriction on use of funds for abortions" in item 1093 and "Defense Health Program Account" for "Military Health Care Account" in item 1100.

**1993**—Pub. L. 103–160, div. A, title VII, §§701(a)(2), 712(a)(2), 714(b)(2), 716(a)(2), Nov. 30, 1993, 107 Stat. 1686, 1689, 1690, 1692, added item 1074d, substituted "Personal services contracts" for "Contracts for direct health care providers" in item 1091 and "Resource allocation methods: capitation or diagnosis-related groups" for "Diagnosis-related groups" in item 1101, added item 1105, and struck out former item 1105 "Issuance of nonavailability of health care statements".

**1992**—Pub. L. 102–484, div. D, title XLIV, §4408(a)(2), Oct. 23, 1992, 106 Stat. 2712, added item 1078a.

**1991**—Pub. L. 102–190, div. A, title VI, §640(b), title VII, §§715(b), 716(a)(2), Dec. 5, 1991, 105 Stat. 1385, 1403, 1404, added item 1074b, redesignated former item 1074b as 1074c, and added items 1105 and 1106.

**1990**—Pub. L. 101–510, div. A, title VII, §713(d)(2)[(3)], Nov. 5, 1990, 104 Stat. 1584, substituted "Health care services incurred on behalf of covered beneficiaries: collection from third-party payers" for "Collection from third-party payers of reasonable inpatient hospital care costs incurred on behalf of retirees and dependents" in item 1095.

**1989**—Pub. L. 101–189, div. A, title VII, §§722(b), 731(b)(2), Nov. 29, 1989, 103 Stat. 1478, 1482, added items 1086a and 1104.

**1987**—Pub. L. 100–180, div. A, title VII, §725(a)(2), Dec. 4, 1987, 101 Stat. 1116, added item 1103.

Pub. L. 100–26, §7(e)(2), Apr. 21, 1987, 101 Stat. 281, redesignated item 1095 "Medical care: members held as captives and their dependents" as item 1095a.

**1986**—Pub. L. 99–661, div. A, title VI, §604(a)(2), title VII, §§701(a)(2), 705(a)(2), Nov. 14, 1986, 100 Stat. 3875, 3897, 3904 substituted "active duty for a period of more than 30 days" for "active duty; injuries, diseases, and illnesses incident to duty" in item 1074a and added items 1096 to 1102.

Pub. L. 99–399, title VIII, §801(c)(2), Aug. 27, 1986, 100 Stat. 886, added item 1095 "Medical care: members held as captives and their dependents".

Pub. L. 99–272, title II, §2001(a)(2), Apr. 7, 1986, 100 Stat. 101, added item 1095 "Collection from third-party payers of reasonable inpatient hospital care costs incurred on behalf of retirees and dependents".

**1985**—Pub. L. 99–145, title VI, §§651(a)(2), 653(a)(2), Nov. 8, 1985, 99 Stat. 656, 658, added items 1076a and 1094.

**1984**—Pub. L. 98–525, title VI, §631(a)(2), title XIV, §1401(e)(2)(B), (5)(B), Oct. 19, 1984, 98 Stat. 2543, 2616, 2618, substituted in item 1074a "Medical and dental care: members on duty other than active duty; injuries, diseases, and illnesses incident to duty" for "Medical and dental care for members of the uniformed services for injuries incurred or aggravated while traveling to and from inactive duty training" and added items 1074b and 1093.

**1983**—Pub. L. 98–94, title IX, §§932(a)(2), 933(a)(2), title X, §1012(a)(2), title XII, §1268(5)(B), Sept. 24, 1983, 97 Stat. 650, 651, 665, 706, added items 1074a, 1091, and 1092, and struck out "; reports" at end of item 1081.

**1982**—Pub. L. 97–295, §1(15)(B), Oct. 12, 1982, 96 Stat. 1290, added item 1090.

**1980**—Pub. L. 96–513, title V, §511(34)(D), Dec. 12, 1980, 94 Stat. 2923, in items 1071 and 1073 substituted "this chapter" for "sections 1071–1087 of this title", and in item 1086 substituted "benefits" for "care".

**1976**—Pub. L. 94–464, §1(b), Oct. 8, 1976, 90 Stat. 1986, added item 1089.

**1970**—Pub. L. 91–481, §2(2), Oct. 21, 1970, 84 Stat. 1082, added item 1088.

**1966**—Pub. L. 89–614, §2(9), Sept. 30, 1966, 80 Stat. 866, substituted "1087" for "1085" in items 1071 and 1073, "Medical care" and "authorized care in facilities of uniformed services" for "Medical and dental care" and "specific inclusions and exclusions" in item 1077, "Contracts for health care" for "Contracts for medical care for spouses and children" in item 1082, and added items 1086 and 1087.

**1965**—Pub. L. 89–264, §2, Oct. 19, 1965, 79 Stat. 989, substituted "executive department" for "uniformed service" in item 1085.

**1958**—Pub. L. 85–861, §1(25)(A), (C), Sept. 2, 1958, 72 Stat. 1445, 1450, substituted "Medical and Dental Care" for "Voting by Members of Armed Forces" in heading of chapter, and substituted items 1071 to 1085 for former items 1071 to 1086.