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10 U.S.C. § 1073 — Administration of this chapter

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1073 — Administration of this chapter

**(a) Responsible Officials.—** (1) Except as otherwise provided in this chapter, the Secretary of Defense shall administer this chapter for the armed forces under his jurisdiction, the Secretary of Homeland Security shall administer this chapter for the Coast Guard when the Coast Guard is not operating as a service in the Navy, and the Secretary of Health and Human Services shall administer this chapter for the National Oceanic and Atmospheric Administration and the Public Health Service. This chapter shall be administered consistent with the Assisted Suicide Funding Restriction Act of 1997 ([42 U.S.C. 14401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14401&num=0&edition=prelim) et seq.). (2) Except as otherwise provided in this chapter, the Secretary of Defense shall have responsibility for administering the TRICARE program and making any decision affecting such program. **(b) Stability in Program of Benefits.—** The Secretary of Defense shall, to the maximum extent practicable, provide a stable program of benefits under this chapter throughout each fiscal year. To achieve the stability in the case of managed care support contracts entered into under this chapter, the contracts shall be administered so as to implement all changes in benefits and administration on a quarterly basis. However, the Secretary of Defense may implement any such change prior to the next fiscal quarter if the Secretary determines that the change would significantly improve the provision of care to eligible beneficiaries under this chapter.

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Source location: Title 10, Chapter 55, § 1073; chapter-055-medical-and-dental-care.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1395mm — Opioid use disorder treatment demonstration program

**(a) Implementation of 4-year demonstration program** (1) **In general** — Not later than January 1, 2021, the Secretary shall implement a 4-year demonstration program under this subchapter (in this section referred to as the “Program”) to increase access of applicable beneficiaries to opioid use disorder treatment services, improve physical and mental health outcomes for such beneficiaries, and to the extent possible, reduce expenditures under this subchapter. Under the Program, the Secretary shall make payments under subsection (e) to participants (as defined in subsection (c)(1)(A)) for furnishing opioid use disorder treatment services delivered through opioid use disorder care teams, or arranging for such services to be furnished, to applicable beneficiaries participating in the Program. (2) **Opioid use disorder treatment services** — For purposes of this section, the term “opioid use disorder treatment services”— (A) means, with respect to an applicable beneficiary, services that are furnished for the treatment of opioid use disorders and that utilize drugs approved under [section 355 of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section355&num=0&edition=prelim) for the treatment of opioid use disorders in an outpatient setting; and (B) includes— (i) medication-assisted treatment; (ii) treatment planning; (iii) psychiatric, psychological, or counseling services (or any combination of such services), as appropriate; (iv) social support services, as appropriate; and (v) care management and care coordination services, including coordination with other providers of services and suppliers not on an opioid use disorder care team. **(b) Program design** (1) **In general** — The Secretary shall design

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1395mm

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1097 — Contracts for medical care for retirees, dependents, and survivors: alternative delivery of health care

**(a) In General.—** The Secretary of Defense, after consulting with the other administering Secretaries, may contract for the delivery of health care to which covered beneficiaries are entitled under this chapter. The Secretary may enter into a contract under this section with any of the following: (1) Health maintenance organizations. (2) Preferred provider organizations. (3) Individual providers, individual medical facilities, or insurers. (4) Consortiums of such providers, facilities, or insurers. **(b) Scope of Coverage Under Health Care Plans.—** A contract entered into under this section may provide for the delivery of— (1) selected health care services; (2) total health care services for selected covered beneficiaries; or (3) total health care services for all covered beneficiaries who reside in a geographical area designated by the Secretary. **(c) Coordination With Facilities of the Uniformed Services.—** The Secretary of Defense may provide for the coordination of health care services provided pursuant to any contract or agreement under this section with those services provided in medical treatment facilities of the uniformed services. Subject to the availability of space and facilities and the capabilities of the medical or dental staff, the Secretary may not deny access to facilities of the uniformed services to a covered beneficiary on the basis of whether the beneficiary enrolled or declined enrollment in any program established under, or operating in connection with, any contract under this section. Notwithstanding the preferences established by sections 1074(b) and 1076 of this title, the Secretary shall, as an incentive for enrollment, establish reasonable preferences for services in facilities of the uniformed services for covered beneficiari

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1097

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 111 — Executive department

**(a)** The Department of Defense is an executive department of the United States. **(b)** The Department is composed of the following: (1) The Office of the Secretary of Defense. (2) The Joint Chiefs of Staff. (3) The Joint Staff. (4) The Defense Agencies. (5) Department of Defense Field Activities. (6) The Department of the Army. (7) The Department of the Navy. (8) The Department of the Air Force. (9) The unified and specified combatant commands. (10) Such other offices, agencies, activities, and commands as may be established or designated by law or by the President. (11) All offices, agencies, activities, and commands under the control or supervision of any element named in paragraphs (1) through (10). **(c)** If the President establishes or designates an office, agency, activity, or command in the Department of Defense of a kind other than those described in paragraphs (1) through (9) of subsection (b), the President shall notify Congress not later than 60 days thereafter.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 248b — Transfer or financial self-sufficiency of public health service hospitals and clinics

**(a) Deadline for closure, transfer, or financial self-sufficiency** The Secretary of Health and Human Services (hereinafter in this subtitle referred to as the “Secretary”) shall, in accordance with this section and notwithstanding [section 248a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section248a&num=0&edition=prelim), provide for the closure, transfer, or financial self-sufficiency of all hospitals and other stations of the Public Health Service (hereinafter in this subtitle referred to as the “Service”) not later than September 30, 1982. **(b) Proposals for transfer or financial self-sufficiency** Not later than July 1, 1981, the Secretary shall notify each Service hospital and other station, and the chief executive officer of each State and of each locality in which such a hospital or other station is located, that the Secretary will accept proposals for the transfer of each such hospital and station from the Service to a public (including Federal) or nonprofit private entity or for the achievement of financial self-sufficiency of each such hospital and station not later than September 30, 1982. No such proposal shall be considered by the Secretary if it is submitted later than September 1, 1981. **(c) Evaluation of proposals** The Secretary shall evaluate promptly each proposal submitted under subsection (b) with respect to a hospital or other station and determine, not later than September 30, 1981, whether or not under such proposal the hospital or station— (1) will be maintained as a general health care facility providing a range of services to the population within its service area, (2) will continue to make services available to existing patient populations, and (3) has a reasonable expectation of financial via

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 248b

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1072 — Definitions

In this chapter: (1) 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 child’s support; or (iii) is incapable of self-support because of a mental or physical incapacity that occurs while a dependent of a member or former member under clause (i) or (ii) 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 child’s support; (E) a parent or parent-in-law who is, or was at the time of the member’s or former member’s death, in fact dependent on him for over one-half of his support and residing in his household; (F) the unremarried former spouse of a member or former member who (i) on the date of the final decree of divorce, dissolution, or annulment, had been married to the member or former member for a period of at least 20 years during which period the member or former member performed at least 20 years of service which is creditable in determining that member’s or former member’s eligibility for retired or retainer pay, or equivalent pay, and (ii) does not have medical coverage under an employer-sponsored health plan;

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1072

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1086 — Contracts for health benefits for certain members, former members, and their dependents

**(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

38 U.S.C. § 8126 — Limitation on prices of drugs procured by Department and certain other Federal agencies

**(a)** Each manufacturer of covered drugs shall enter into a master agreement with the Secretary under which— (1) beginning January 1, 1993, the manufacturer shall make available for procurement on the Federal Supply Schedule of the General Services Administration each covered drug of the manufacturer; (2) with respect to each covered drug of the manufacturer procured by a Federal agency described in subsection (b) on or after January 1, 1993, that is purchased under depot contracting systems or listed on the Federal Supply Schedule, the manufacturer has entered into and has in effect a pharmaceutical pricing agreement with the Secretary (or the Federal agency involved, if the Secretary delegates to the Federal agency the authority to enter into such a pharmaceutical pricing agreement) under which the price charged during the one-year period beginning on the date on which the agreement takes effect may not exceed 76 percent of the non-Federal average manufacturer price (less the amount of any additional discount required under subsection (c)) during the one-year period ending one month before such date (or, in the case of a covered drug for which sufficient data for determining the non-Federal average manufacturer price during such period are not available, during such period as the Secretary considers appropriate), except that such price may nominally exceed such amount if found by the Secretary to be in the best interests of the Department or such Federal agencies; (3) with respect to each covered drug of the manufacturer procured by a State home receiving funds under [section 1741 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1741&num=0&edition=prelim), the price charged may not exceed the price charged under the Feder

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 8126

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1395c — Prohibition against any Federal interference

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

10 U.S.C. § 1074 — Medical and dental care for members and certain former members

**(a)** (1) Under joint regulations to be prescribed by the administering Secretaries, a member of a uniformed service described in paragraph (2) is entitled to medical and dental care in any facility of any uniformed service. (2) Members of the uniformed services referred to in paragraph (1) are as follows: (A) A member of a uniformed service on active duty. (B) A member of a reserve component of a uniformed service who has been commissioned as an officer if— (i) the member has requested orders to active duty for the member’s initial period of active duty following the commissioning of the member as an officer; (ii) the request for orders has been approved; (iii) the orders are to be issued but have not been issued or the orders have been issued but the member has not entered active duty; and (iv) the member does not have health care insurance and is not covered by any other health benefits plan. **(b)** (1) Under joint regulations to be prescribed by the administering Secretaries, a member or former member of a uniformed service who is entitled to retired or retainer pay, or equivalent pay may, upon request, be given medical and dental care in any facility of any uniformed service, subject to the availability of space and facilities and the capabilities of the medical and dental staff. The administering Secretaries may, with the agreement of the Secretary of Veterans Affairs, provide care to persons covered by this subsection in facilities operated by the Secretary of Veterans Affairs and determined by him to be available for this purpose on a reimbursable basis at rates approved by the President. (2) Paragraph (1) does not apply to a member or former member entitled to retired pay for non-regular service under chapter 1223 of this title

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12101 — Definitions

**(a) Homosexuality and bisexuality** For purposes of the definition of “disability” in section 12102(2) 11 See References in Text note below. of this title, homosexuality and bisexuality are not impairments and as such are not disabilities under this chapter. **(b) Certain conditions** Under this chapter, the term “disability” shall not include— (1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; (2) compulsive gambling, kleptomania, or pyromania; or (3) psychoactive substance use disorders resulting from current illegal use of drugs.

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