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10 U.S.C. § 1087 — Programing facilities for certain members, former members, and their dependents in construction projects of the uniformed services
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Space for inpatient and outpatient care may be programed in facilities of the uniformed services for persons covered by sections 1074(b) and 1076(b) of this title. The maximum amount of space that may be so programed for a facility is the greater of—
(1) the amount of space that would be so programed for the facility in order to meet the requirements to be placed on the facility for support of the teaching and training of health-care professionals; and
(2) the amount of space that would be so programed for the facility based upon the most cost-effective provision of inpatient and outpatient care to persons covered by sections 1074(b) and 1076(b) of this title.
**(b)**
(1) In making determinations for the purposes of clauses (1) and (2) of subsection (a), the Secretary concerned shall take into consideration—
(A) the amount of space that would be so programed for the facility based upon projected inpatient and outpatient workloads at the facility for persons covered by sections 1074(b) and 1076(b) of this title; and
(B) the anticipated capability of the medical and dental staff of the facility, determined in accordance with regulations prescribed by the Secretary of Defense and based upon realistic projections of the number of physicians and other health-care providers that it can reasonably be expected will be assigned to or will otherwise be available to the facility.
(2) In addition, a determination made for the purpose of clause (2) of subsection (a) shall be made in accordance with an economic analysis (including a life-cycle cost analysis) of the facility and consideration of all reasonable and available medical care treatment alternatives (including treatment provided under a contract under [section 1086 of this title](https://uscode.house.gov/v
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Stable record: federal_law:legal_authorities:record_usc_0a4e8d0fd85c1b2a33f97125
Source file: Laws/federal/codes/united-states-code/title-10/section-1087-programing-facilities-for-certain-members-former-members-and-their-depen--8d91a25f0c.md
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Passage SHA-256: 9303a2ed2008a4f9e827fae94639666474704b3a3cf5c56487c956b2b12972be
Source location: Title 10, Chapter 55, § 1087; chapter-055-medical-and-dental-care.md
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**(a)** Space for inpatient and outpatient care may be programed in facilities of the uniformed services for persons covered by sections 1074(b) and 1076(b) of this title. The maximum amount of space that may be so programed for a facility is the greater of—
(1) the amount of space that would be so programed for the facility in order to meet the requirements to be placed on the facility for support of the teaching and training of health-care professionals; and
(2) the amount of space that would be so programed for the facility based upon the most cost-effective provision of inpatient and outpatient care to persons covered by sections 1074(b) and 1076(b) of this title.
**(b)**
(1) In making determinations for the purposes of clauses (1) and (2) of subsection (a), the Secretary concerned shall take into consideration—
(A) the amount of space that would be so programed for the facility based upon projected inpatient and outpatient workloads at the facility for persons covered by sections 1074(b) and 1076(b) of this title; and
(B) the anticipated capability of the medical and dental staff of the facility, determined in accordance with regulations prescribed by the Secretary of Defense and based upon realistic projections of the number of physicians and other health-care providers that it can reasonably be expected will be assigned to or will otherwise be available to the facility.
(2) In addition, a determination made for the purpose of clause (2) of subsection (a) shall be made in accordance with an economic analysis (including a life-cycle cost analysis) of the facility and consideration of all reasonable and available medical care treatment alternatives (including treatment provided under a contract under [section 1086 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1086&num=0&edition=prelim) or under part A of title XVIII of the Social Security Act ([42 U.S.C. 1395c](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395c&num=0&edition=prelim) et seq.)).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** To assure that health benefits are available for the persons covered by subsection (c), the Secretary of Defense, after consulting with the other administering Secretaries, shall contract under the authority of this section for health benefits for those persons under the same insurance, medical service, or health plans he contracts for under [section 1079(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1079/a&num=0&edition=prelim). However, eye examinations and (except as provided in subsection (i)) treatments for eating disorders may not be provided under such plans for persons covered by subsection (c).
**(b)** For persons covered by this section the plans contracted for under [section 1079(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1079/a&num=0&edition=prelim) shall contain the following provisions for payment by the patient:
(1) Except as provided in paragraph (2), the first $150 each calendar year of the charges for all types of care authorized by this section and received while in an outpatient status and 25 percent of all subsequent charges for such care during a calendar year.
(2) A family group of two or more persons covered by this section shall not be required to pay collectively more than the first $300 each calendar year of the charges for all types of care authorized by this section and received while in an outpatient status and 25 percent of the additional charges for such care during a calendar year.
(3) 25 percent of the charges for inpatient care, except that in no case may the charges for inpatient care for a patient exceed $535 per day during the period beginning on April 1, 2006, and ending on September 30, 2011. The Secretary of Defense may
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1086
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Federal law — U.S. Code and appendices · legal_authorities
Nothing in this subchapter shall be construed to authorize any Federal officer or employee to exercise any supervision or control over the practice of medicine or the manner in which medical services are provided, or over the selection, tenure, or compensation of any officer or employee of any institution, agency, or person providing health services; or to exercise any supervision or control over the administration or operation of any such institution, agency, or person.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1395c
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Social Security Act”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1305
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Federal law — U.S. Code and appendices · legal_authorities
The purpose of this chapter is to create and maintain high morale in the uniformed services by providing an improved and uniform program of medical and dental care for members and certain former members of those services, and for their dependents.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1071
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Federal law — U.S. Code and appendices · legal_authorities
Page 1123
TITLE 10—ARMED FORCES
§ 1087
(B) for which care is not provided under the
policy solely on the grounds that the condi-
tion is a preexisting condition.
(c) EFFECT OF UNAVAILABILITY OF POLICIES.—
(1) If the Secretary of Defense is unable, within
a reasonable time, to enter into a contract with
a private insurer to offer conversion health poli-
cies under subsection (a) at a rate not to exceed
the
payment
required
under
section
8905a(d)(1)(A) of title 5 for comparable coverage,
the Secretary shall provide the coverage re-
quired under such a policy through the Civilian
Health and Medical Program of the Uniformed
Services. Subject to paragraph (2), a person re-
ceiving coverage under this subsection shall be
required to pay into the Military Health Care
Account
or
other
appropriate
account
an
amount equal to the sum of—
(A) the individual and Government contribu-
tions which would be required in the case of a
person enrolled in a health benefits plan con-
tracted for under section 1079 of this title; and
(B) an amount necessary for administrative
expenses, but not to exceed two percent of the
amount under subparagraph (A).
(2) The amount paid by a person who pur-
chases a conversion health policy from the Sec-
retary of Defense under paragraph (1) may not
exceed the payment required under section
8905a(d)(1)(A) of title 5 for comparable coverage.
(3) In order to reduce premiums required under
paragraph (1), the Secretary of Defense may
offer a program of coverage that, with respect to
mental health services, offers reduced coverage
and increased cost-sharing by the purchaser.
(d) CONVERSION HEALTH POLICY DEFINED.—In
this section, the term ‘‘conversion health pol-
icy’’ means a health insurance policy with a pri-
vate insurer, deve
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1087
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Federal law — U.S. Code and appendices · legal_authorities
Page 2928
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1395b–10
(A) are from entities that manufacture
pharmaceutical, biotechnology, medical de-
vice, or diagnostic products that are covered
or for which coverage is being sought under
this subchapter; and
(B) are with respect to coverage, coding, or
payment under this subchapter for such
products.
(2) Application
The second sentence of subsection (c)(2)
shall apply to the ombudsman under subpara-
graph (A) in the same manner as such sentence
applies to the Medicare Beneficiary Ombuds-
man under subsection (c).
(e) Funding for implementation of beneficiary
enrollment simplification
For purposes of carrying out the provisions of
and the amendments made by section 120 of divi-
sion CC of the Consolidated Appropriations Act,
2021, the Secretary shall provide for the transfer,
from the Federal Hospital Insurance Trust Fund
under section 1395i of this title and the Federal
Supplementary Medical Insurance Trust Fund
under section 1395t of this title (in such propor-
tion as the Secretary determines appropriate),
to the Centers for Medicare & Medicaid Services
Program Management Account, of $2,000,000 for
each of fiscal years 2021 through 2030, to remain
available until expended.
(Aug. 14, 1935, ch. 531, title XVIII, § 1808, as added
and amended Pub. L. 108–173, title IX, §§ 900(a),
(b), 923(a), Dec. 8, 2003, 117 Stat. 2369, 2393; Pub.
L. 114–255, div. A, title IV, § 4010, Dec. 13, 2016, 130
Stat. 1185; Pub. L. 116–260, div. CC, title I,
§ 120(b), Dec. 27, 2020, 134 Stat. 2955.)
Editorial Notes
REFERENCES IN TEXT
Section 120 of division CC of the Consolidated Appro-
priations Act, 2021, referred to in subsec. (e), is section
120 of div. CC of Pub. L. 116–260, which amended this
section and sections
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1395c
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