10 U.S.C. § 1096 (ARMED FORCES)
§ 1096. Military-civilian health services partnership program
(a) Resources Sharing Agreements.—
The Secretary of Defense may enter into an agreement providing for the sharing of resources between facilities of the uniformed services and facilities of a civilian health care provider or providers that the Secretary contracts with under section 1079, 1086, or 1097 of this title if the Secretary determines that such an agreement would result in the delivery of health care to which covered beneficiaries are entitled under this chapter in a more effective, efficient, or economical manner.
(b) Eligible Resources.—
An agreement entered into under subsection (a) may provide for the sharing of—
(1) personnel (including support personnel);
(2) equipment;
(3) supplies; and
(4) any other items or facilities necessary for the provision of health care services.
(c) Computation of Charges.—
A covered beneficiary who is a dependent, with respect to care provided to such beneficiary in facilities of the uniformed services under a sharing agreement entered into under subsection (a), shall pay the charges prescribed by section 1078 of this title.
(d) Reimbursement for License Fees.—
In any case in which it is necessary for a member of the uniformed services to pay a professional license fee imposed by a government in order to provide health care services at a facility of a civilian health care provider pursuant to an agreement entered into under subsection (a), the Secretary of Defense may reimburse the member for up to $500 of the amount of the license fee paid by the member.
(Added Pub. L. 99–661, div. A, title VII, § 701(a)(1), Nov. 14, 1986, 100 Stat. 3894; amended Pub. L. 103–337, div. A, title VII, § 712, Oct. 5, 1994, 108 Stat. 2801; Pub. L. 108–375, div. A, title VI, § 607(b), Oct. 28, 2004, 118 Stat. 1946.)
heading: Amendments
text: 2004—Subsec. (c). Pub. L. 108–375 inserted “who is a dependent” after “covered beneficiary” and substituted “shall pay the charges prescribed by section 1078 of this title.” for “shall pay—
“(1) in the case of a dependent, the charges prescribed by section 1078 of this title; and
“(2) in the case of a member or former member entitled to retired or retainer pay, the charges prescribed by section 1075 of this title.”
1994—Subsec. (d). Pub. L. 103–337 added subsec. (d).
heading: Pilot Program on Civilian and Military Partnerships To Enhance Interoperability and Medical Surge Capability and Capacity of National Disaster Medical System
text: Pub. L. 116–92, div. A, title VII, § 740, Dec. 20, 2019, 133 Stat. 1465, as amended by Pub. L. 116–283, div. A, title VII, § 741, Jan. 1, 2021, 134 Stat. 3705, provided that:
“(a) In General.—
Beginning not later than September 30, 2021, the Secretary of Defense shall carry out a pilot program to establish partnerships with public, private, and nonprofit health care organizations, health care institutions, health care entities, academic medical centers of institutions of higher education, and hospitals in collaboration with the Secretary of Veterans Affairs, the Secretary of Health and Human Services, the Secretary of Homeland Security, and the Secretary of Transportation to enhance the interoperability and medical surge capability and capacity of the National Disaster Medical System under section 2812 of the Public Health Service Act (42 U.S.C. 300hh–11).
“(b) Duration.—
The Secretary of Defense shall carry out the pilot program under subsection (a) for a period of not more than five years.
“(c) Lead Official for Design and Implementation of Pilot Program.—
“(1) In general.—
The Assistant Secretary of Defense for Health Affairs shall be the lead official for the design and implementation of the pilot program under subsection (a).
“(2) Resources.—
The Assistant Secretary of Defense for Health Affairs shall leverage the resources of the Defense Health Agency for execution of the pilot program under subsection (a) and shall coordinate with the Chairman of the Joint Chiefs of Staff for the duration of the pilot program, including for the duration of any period of design or planning for the pilot program.
“(d) Locations.—
“(1) In general.—
The Secretary of Defense shall carry out the pilot program under subsection (a) at not fewer than five locations in the United States that are located at or near an organization, institution, entity, center, or hospital specified in subsection (a) with established expertise in disaster health preparedness and response and trauma care that augment and enhance the effectiveness of the pilot program.
“(2) Phased selection of locations.—
“(A) Initial selection.—
Not later than March 31, 2021, the Assistant Secretary of Defense for Health Affairs, in consultation with the Secretary of Veterans Affairs, the Secretary of Health and Human Services, the Secretary of Homeland Security, and the Secretary of Transportation, shall select not fewer than two locations at which to carry out the pilot program.
“(B) Subsequent selection.—
Not later than the end of the one-year period following selection of the locations under subparagraph (A), the Assistant Secretary of Defense for Health Affairs, in consultation with the Secretaries specified in subparagraph (A), shall select not fewer than two additional locations at which to carry out the pilot program until not fewer than five locations are selected in total under this paragraph.
“(3) Consideration for locations.—
In selecting locations for the pilot program under subsection (a), the Secretary shall consider—
“(A) the proximity of the location to civilian or military transportation hubs, including airports, railways, interstate highways, or ports;
“(B) the proximity of the location to an organization, institution, entity, center, or hospital specified in subsection (a) with the ability to accept a redistribution of casualties during times of war;
“(C) the proximity of the location to an organization, institution, entity, center, or hospital specified in subsection (a) with the ability to provide trauma care training opportunities for medical personnel of the Department of Defense; and
“(D) the proximity of the location to existing academic medical centers of institutions of higher education, facilities of the Department, or other institutions that have established expertise in the areas of—
“(i) highly infectious disease;
“(ii) biocontainment;
“(iii) quarantine;
“(iv) trauma care;
“(v) combat casualty care;
“(vi) the National Disaster Medical System under section 2812 of the Public Health Service Act (42 U.S.C. 300hh–11);
“(vii) disaster health preparedness and response;
“(viii) medical and public health management of biological, chemical, radiological, or nuclear hazards; or
“(ix) such other areas of expertise as the Secretary considers appropriate.
“(4) Priority for locations.—
In selecting locations for the pilot program under subsection (a), the Secretary shall give priority to locations that would facilitate public-private partnerships with academic medical centers of institutions of higher education, hospitals, and other entities with facilities that have an established history of providing clinical care, treatment, training, and research in the areas described in paragraph (3)(D) or other specializations determined important by the Secretary for purposes of the pilot program.
“(e) Requirements.—
In establishing partnerships under the pilot program under subsection (a), the Secretary, in collaboration with the Secretary of Veterans Affairs, the Secretary of Health and Human Services, the Secretary of Homeland Security, and the Secretary of Transportation, shall establish requirements under such partnerships for staffing, specialized training, medical logistics, telemedicine, patient regulating, movement, situational status reporting, tracking, and surveillance.
“(f) Evaluation Metrics.—
The Secretary of Defense shall establish metrics to evaluate the effectiveness of the pilot program under subsection (a).
“(g) Reports.—
“(1) Initial report.—
“(A) In general.—
Not later than 180 days after the commencement of the pilot program under subsection (a), the Secretary shall submit to the appropriate congressional committees a report on the pilot program.
“(B) Elements.—
The report under subparagraph (A) shall include the following:
“(i) A description of the pilot program.
“(ii) The requirements established under subsection (e).
“(iii) The evaluation metrics established under subsection (f).
“(iv) Such other matters relating to the pilot program as the Secretary considers appropriate.
“(2) Final report.—
Not later than 180 days after the completion of the pilot program under subsection (a), the Secretary shall submit to the appropriate congressional committees a report on the pilot program.
“(h) Definitions.—
In this section:
“(1) The term ‘appropriate congressional committees’ means—
“(A) The Committee on Armed Services, the Committee on Transportation and Infrastructure, the Committee on Veterans’ Affairs, the Committee on Homeland Security, and the Committee on Energy and Commerce of the House of Representatives.
“(B) The Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Committee on Veterans’ Affairs, the Committee on Homeland Security and Governmental Affairs, and the Committee on Health, Education, Labor, and Pensions of the Senate.
“(2) 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)).”
heading: Establishment of High Performance Military-Civilian Integrated Health Delivery Systems
text: Pub. L. 114–328, div. A, title VII, § 706, Dec. 23, 2016, 130 Stat. 2206, provided that:
“(a) In General.—
Not later than January 1, 2018, the Secretary of Defense shall establish military-civilian integrated health delivery systems through partnerships with other health systems, including local or regional health systems in the private sector—
“(1) to improve access to health care for covered beneficiaries;
“(2) to enhance the experience of covered beneficiaries in receiving health care;
“(3) to improve health outcomes for covered beneficiaries;
“(4) to share resources between the Department of Defense and the private sector, including such staff, equipment, and training assets as may be required to carry out such integrated health delivery systems;
“(5) to maintain services within military treatment facilities that are essential for the maintenance of operational medical force readiness skills of health care providers of the Department; and
“(6) to provide members of the Armed Forces with additional training opportunities to maintain such readiness skills.
“(b) Elements of Systems.—
Each military-civilian integrated health delivery system established under subsection (a) shall—
“(1) deliver high quality health care as measured by leading national health quality measurement organizations;
“(2) achieve greater efficiency in the delivery of health care by identifying and implementing within each such system improvement opportunities that guide patients through the entire continuum of care, thereby reducing variations in the delivery of health care and preventing medical errors and duplication of medical services;
“(3) improve population-based health outcomes by using a team approach to deliver case management, prevention, and wellness services to high-need and high-cost patients;
“(4) focus on preventive care that emphasizes—
“(A) early detection and timely treatment of disease;
“(B) periodic health screenings; and
“(C) education regarding healthy lifestyle behaviors;
“(5) coordinate and integrate health care across the continuum of care, connecting all aspects of the health care received by the patient, including the patient’s health care team;
“(6) facilitate access to health care providers, including—
“(A) after-hours care;
“(B) urgent care; and
“(C) through telehealth appointments, when appropriate;
“(7) encourage patients to participate in making health care decisions;
“(8) use evidence-based treatment protocols that improve the consistency of health care and eliminate ineffective, wasteful health care practices; and
“(9) improve coordination of behavioral health services with primary health care.
“(c) Agreements.—
“(1) In general.—
In establishing military-civilian integrated health delivery systems through partnerships under subsection (a), the Secretary shall seek to enter into memoranda of understanding or contracts between military treatment facilities and health maintenance organizations, health care centers of excellence, public or private academic medical institutions, regional health organizations, integrated health systems, accountable care organizations, and such other health systems as the Secretary considers appropriate.
“(2) Private sector care.—
Memoranda of understanding and contracts entered into under paragraph (1) shall ensure that covered beneficiaries are eligible to enroll in and receive medical services under the private sector components of military-civilian integrated health delivery systems established under subsection (a).
“(3) Value-based reimbursement methodologies.—
The Secretary shall incorporate value-based reimbursement methodologies, such as capitated payments, bundled payments, or pay for performance, into memoranda of understanding and contracts entered into under paragraph (1) to reimburse entities for medical services provided to covered beneficiaries under such memoranda of understanding and contracts.
“(4) Quality of care.—
Each memorandum of understanding or contract entered into under paragraph (1) shall ensure that the quality of services received by covered beneficiaries through a military-civilian integrated health delivery system under such memorandum of understanding or contract is at least comparable to the quality of services received by covered beneficiaries from a military treatment facility.
“(d) Covered Beneficiary Defined.—
In this section, the term ‘covered beneficiary’ has the meaning given that term in section 1072 of title 10, United States Code.”