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10 U.S.C. § 1076 — Medical and dental care for dependents: general rule
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) A dependent described in paragraph (2) is entitled, upon request, to the medical and dental care prescribed by [section 1077 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1077&num=0&edition=prelim) in facilities of the uniformed services, subject to the availability of space and facilities and the capabilities of the medical and dental staff.
(2) A dependent referred to in paragraph (1) is a dependent of a member of a uniformed service described in one of the following subparagraphs:
(A) A member who is on active duty for a period of more than 30 days or died while on that duty.
(B) A member who died from an injury, illness, or disease incurred or aggravated—
(i) while the member was on active duty under a call or order to active duty of 30 days or less, on active duty for training, or on inactive-duty training; or
(ii) while the member was traveling to or from the place at which the member was to perform, or had performed, such active duty, active duty for training, or inactive-duty training.
(C) A member who died from an injury, illness, or disease incurred or aggravated in the line of duty while the member remained overnight immediately before the commencement of inactive-duty training, or while the member remained overnight between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training.
(D) A member on active duty who is entitled to benefits under subsection (e) of [section 1074a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1074a&num=0&edition=prelim) by reason of paragraph (1), (2), or (3) of subsection (a) of such section.
(E) A member who died from an injury, illness, or disease in
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Source file: Laws/federal/codes/united-states-code/title-10/section-1076-medical-and-dental-care-for-dependents-general-rule--2642ba74bd.md
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Source location: Title 10, Chapter 55, § 1076; chapter-055-medical-and-dental-care.md
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**(a)**
(1) A dependent described in paragraph (2) is entitled, upon request, to the medical and dental care prescribed by [section 1077 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1077&num=0&edition=prelim) in facilities of the uniformed services, subject to the availability of space and facilities and the capabilities of the medical and dental staff.
(2) A dependent referred to in paragraph (1) is a dependent of a member of a uniformed service described in one of the following subparagraphs:
(A) A member who is on active duty for a period of more than 30 days or died while on that duty.
(B) A member who died from an injury, illness, or disease incurred or aggravated—
(i) while the member was on active duty under a call or order to active duty of 30 days or less, on active duty for training, or on inactive-duty training; or
(ii) while the member was traveling to or from the place at which the member was to perform, or had performed, such active duty, active duty for training, or inactive-duty training.
(C) A member who died from an injury, illness, or disease incurred or aggravated in the line of duty while the member remained overnight immediately before the commencement of inactive-duty training, or while the member remained overnight between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training.
(D) A member on active duty who is entitled to benefits under subsection (e) of [section 1074a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1074a&num=0&edition=prelim) by reason of paragraph (1), (2), or (3) of subsection (a) of such section.
(E) A member who died from an injury, illness, or disease incurred or aggravated while the member—
(i) was serving on funeral honors duty under [section 12503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12503&num=0&edition=prelim) or [section 115 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section115&num=0&edition=prelim);
(ii) was traveling to or from the place at which the member was to so serve; or
(iii) remained overnight at or in the vicinity of that place immediately before so serving, if the place is outside reasonable commuting distance from the member’s residence.
**(b)** Under regulations to be prescribed jointly by the administering Secretaries, a dependent of a member or former member—
(1) who is, or (if deceased) was at the time of his death, entitled to retired or retainer pay or equivalent pay; or
(2) who died before attaining age 60 and at the time of his death would have been eligible for retired pay under chapter 1223 of this title (or under chapter 67 of this title as in effect before December 1, 1994) but for the fact that he was under 60 years of age;
may, upon request, be given the medical and dental care prescribed by [section 1077 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1077&num=0&edition=prelim) in facilities of the uniformed services, subject to the availability of space and facilities and the capabilities of the medical and dental staff, except that a dependent of a member or former member described in paragraph (2) may not be given such medical or dental care until the date on which such member or former member would have attained age 60.
**(c)** A determination by the medical or dental officer in charge, or the contract surgeon in charge, or his designee, as to the availability of space and facilities and to the capabilities of the medical and dental staff is conclusive. Care under this section may not be permitted to interfere with the primary mission of those facilities.
**(d)** To utilize more effectively the medical and dental facilities of the uniformed services, the administering Secretaries shall prescribe joint regulations to assure that dependents entitled to medical or dental care under this section will not be denied equal opportunity for that care because the facility concerned is that of a uniformed service other than that of the member.
**(e)**
(1) Subject to paragraph (3), the administering Secretary shall furnish an abused dependent of a former member of a uniformed service described in paragraph (4), during that period that the abused dependent is in receipt of transitional compensation under [section 1059 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1059&num=0&edition=prelim), with medical and dental care, including mental health services, in facilities of the uniformed services in accordance with the same eligibility and benefits as were applicable for that abused dependent during the period of active service of the former member.
(2) Subject to paragraph (3), upon request of any dependent of a former member of a uniformed service punished for an abuse described in paragraph (4), the administering Secretary for such uniformed service may furnish medical care in facilities of the uniformed services to the dependent for the treatment of any adverse health condition resulting from such dependent’s knowledge of (A) the abuse, or (B) any injury or illness suffered by the abused person as a result of such abuse.
(3) Medical and dental care furnished to a dependent of a former member of the uniformed services in facilities of the uniformed services under paragraph (1) or (2)—
(A) shall be limited to the health care prescribed by [section 1077 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1077&num=0&edition=prelim); and
(B) shall be subject to the availability of space and facilities and the capabilities of the medical and dental staff.
(4)
(A) A former member of a uniformed service referred to in paragraph (1) is a member who—
(i) received a dishonorable or bad-conduct discharge or was dismissed from a uniformed service as a result of a court-martial conviction for an offense, under either military or civil law, involving abuse of a dependent of the member; or
(ii) was administratively discharged from a uniformed service as a result of such an offense.
(B) A determination of whether an offense involved abuse of a dependent of the member shall be made in accordance with regulations prescribed by the administering Secretary for such uniformed service.
**(f)**
(1) The administering Secretaries shall furnish an eligible dependent a physical examination that is required by a school in connection with the enrollment of the dependent as a student in that school.
(2) A dependent is eligible for a physical examination under paragraph (1) if the dependent—
(A) is entitled to receive medical care under subsection (a) or is authorized to receive medical care under subsection (b); and
(B) is at least 5 years of age and less than 12 years of age.
(3) Nothing in paragraph (2) may be construed to prohibit the furnishing of a school-required physical examination to any dependent who, except for not satisfying the age requirement under that paragraph, would otherwise be eligible for a physical examination required to be furnished under this subsection.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Only the following types of health care may be provided under [section 1076 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1076&num=0&edition=prelim):
(1) Hospitalization.
(2) Outpatient care.
(3) Drugs, including, in accordance with subsection (h), medically necessary vitamins.
(4) Treatment of medical and surgical conditions.
(5) Treatment of nervous, mental, and chronic conditions.
(6) Treatment of contagious diseases.
(7) Physical examinations, including eye examinations, and immunizations.
(8) Maternity and infant care, including well-baby care that includes one screening of an infant for the level of lead in the blood of the infant.
(9) Diagnostic tests and services, including laboratory and X-ray examinations.
(10) Dental care.
(11) Ambulance service and home calls when medically necessary.
(12) Durable equipment, which may be provided on a loan basis.
(13) Primary and preventive health care services for women (as defined in [section 1074d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1074d/b&num=0&edition=prelim)).
(14) Preventive health care screening for colon or prostate cancer, at the intervals and using the screening methods prescribed under [section 1074d(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1074d/a/2&num=0&edition=prelim).
(15) Prosthetic devices, as determined by the Secretary of Defense to be necessary because of significant conditions resulting from trauma, congenital anomalies, or disease.
(16) Except as provided by subsection (g), a hearing aid, but only if the dependent has a profound hearing loss, as determined under standards prescribed in regulations by the Secretary of Def
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1077
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Order to Duty.—** A member of the Ready Reserve may be ordered to funeral honors duty, with the consent of the member, in preparation for or to perform funeral honors functions at the funeral of a veteran as defined in [section 1491 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1491&num=0&edition=prelim). Performance of funeral honors duty by a Reserve not on active duty shall be treated as inactive-duty training (including with respect to travel to and from such duty) for purposes of any provision of law other than sections 206 and 435 of title 37.
**(b) Service Credit.—** A member ordered to funeral honors duty under this section shall be required to perform a minimum of two hours of such duty in order to receive—
(1) service credit under [section 12732(a)(2)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732/a/2/E&num=0&edition=prelim); and
(2) as directed by the Secretary concerned, either—
(A) the allowance under [section 435 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section435&num=0&edition=prelim); or
(B) compensation under [section 206 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206&num=0&edition=prelim).
**(c) Reimbursable Expenses.—** A member who performs funeral honors duty under this section may be reimbursed for travel and transportation expenses incurred in conjunction with such duty as authorized under [section 452 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section452&num=0&edition=prelim) if such duty is performed at a location 50 miles or more from the member’s residence.
**(d) Regulations.—** The exercise of authority un
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12503
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Under joint regulations prescribed by the administering Secretaries, the following persons are entitled to the benefits described in subsection (b):
(1) Each member of a uniformed service who incurs or aggravates an injury, illness, or disease in the line of duty while performing—
(A) active duty for a period of 30 days or less;
(B) inactive-duty training; or
(C) service on funeral honors duty under [section 12503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12503&num=0&edition=prelim) or [section 115 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section115&num=0&edition=prelim).
(2) Each member of a uniformed service who incurs or aggravates an injury, illness, or disease while traveling directly to or from the place at which that member is to perform or has performed—
(A) active duty for a period of 30 days or less;
(B) inactive-duty training; or
(C) service on funeral honors duty under [section 12503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12503&num=0&edition=prelim) or [section 115 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section115&num=0&edition=prelim).
(3) Each member of the armed forces who incurs or aggravates an injury, illness, or disease in the line of duty while remaining overnight immediately before the commencement of inactive-duty training, or while remaining overnight, between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training.
(4) Each member of the armed forces who incurs or aggravates an injury, illness, or disease in the line of duty while remaining overnight immediately before serving on fu
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Federal law — U.S. Code and appendices · legal_authorities
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;
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority To Pay Compensation.—** The Secretary of Defense, with respect to the armed forces (other than the Coast Guard when it is not operating as a service in the Navy), and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy, may each establish a program to pay monthly transitional compensation in accordance with this section to dependents or former dependents of a member of the armed forces described in subsection (b). Upon establishment of such a program, the program shall apply in the case of each such member described in subsection (b) who is under the jurisdiction of the Secretary establishing the program.
**(b) Punitive and Other Adverse Actions Covered.—** This section applies in the case of a member of the armed forces on active duty for a period of more than 30 days—
(1) who is convicted of a dependent-abuse offense (as defined in subsection (c)) and whose conviction results in the member—
(A) being separated from active duty pursuant to a sentence of a court-martial; or
(B) forfeiting all pay and allowances pursuant to a sentence of a court-martial;
(2) who is administratively separated, voluntarily or involuntarily, from active duty in accordance with applicable regulations if the basis for the separation includes a dependent-abuse offense; or
(3) who is—
(A) convicted of a dependent-abuse offense in a district court of the United States or a State court; and
(B) separated from active duty pursuant to a sentence of a court-martial, or administratively separated, voluntarily or involuntarily, from active duty, for an offense other than the dependent-abuse offense.
**(c) Dependent-Abuse Offenses.—** For purposes of this section, a dependent-abuse offense is conduct by a
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1059
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section:
(1) The term “court” means—
(A) any court of competent jurisdiction of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands;
(B) any court of the United States (as defined in [section 451 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section451&num=0&edition=prelim)) having competent jurisdiction;
(C) any court of competent jurisdiction of a foreign country with which the United States has an agreement requiring the United States to honor any court order of such country; and
(D) any administrative or judicial tribunal of a State competent to enter orders for support or maintenance (including a State agency administering a program under a State plan approved under part D of title IV of the Social Security Act), and, for purposes of this subparagraph, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa.
(2) The term “court order” means a final decree of divorce, dissolution, annulment, or legal separation issued by a court, or a court ordered, ratified, or approved property settlement incident to such a decree (including a final decree modifying the terms of a previously issued decree of divorce, dissolution, annulment, or legal separation, or a court ordered, ratified, or approved property settlement incident to such previously issued decree), or a support order, as defined in section 453(p) of the Social Security Act ([42 U.S.C. 653(p)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section653/p&num=0&edition=prelim)), which—
(A) is issued in accor
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1408
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.
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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
**(a) Order to Duty.—** A member of the Army National Guard of the United States or the Air National Guard of the United States may be ordered to funeral honors duty, with the consent of the member, to prepare for or perform funeral honors functions at the funeral of a veteran under [section 1491 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1491&num=0&edition=prelim). However, a member of the Army National Guard of the United States or the Air National Guard of the United States may not be ordered to perform funeral honors functions under this section without the consent of the Governor or other appropriate authority of the State concerned. Performance of funeral honors duty by such a member not on active duty or full-time National Guard duty shall be treated as inactive-duty training (including with respect to travel to and from such duty) for purposes of any provision of law other than sections 206 and 435 of title 37.
**(b) Service Credit.—** A member ordered to funeral honors duty under this section shall be required to perform a minimum of two hours of such duty in order to receive—
(1) service credit under [section 12732(a)(2)(E) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732/a/2/E&num=0&edition=prelim); and
(2) as directed by the Secretary concerned, either—
(A) the allowance under [section 435 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section435&num=0&edition=prelim); or
(B) compensation under [section 206 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206&num=0&edition=prelim).
**(c) Reimbursable Expenses.—** A member who performs funeral honors duty under this section may be reim
Source: Supplied U.S. Code snapshot — release unconfirmed · 32 U.S.C. § 115
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