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10 U.S.C. § 1086a — Certain former spouses: extension of period of eligibility for health benefits

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

10 U.S.C. § 1086a — Certain former spouses: extension of period of eligibility for health benefits

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Stable record: federal_law:legal_authorities:record_usc_3b95f9eccc29de7870185a2f
Source file: Laws/federal/codes/united-states-code/title-10/section-1086a-certain-former-spouses-extension-of-period-of-eligibility-for-health-ben--688a96581d.md
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Source location: Title 10, Chapter 55, § 1086a; chapter-055-medical-and-dental-care.md

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**(a) Availability of Conversion Health Policies.—** The Secretary of Defense shall inform each person who has been a dependent for a period of one year or more under [section 1072(2)(H) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1072/2/H&num=0&edition=prelim) of the availability of a conversion health policy for purchase by the person. A conversion health policy offered under this subsection shall provide coverage for not less than a 24-month period. **(b) Effect of Purchase.—** (1) Subject to paragraph (2), if a person who is a dependent for a one-year period under [section 1072(2)(H) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1072/2/H&num=0&edition=prelim) purchases a conversion health policy within that period (or within a reasonable time after that period as prescribed by the Secretary of Defense), the person shall continue to be eligible for medical and dental care in the manner described in [section 1076 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1076&num=0&edition=prelim) and health benefits under [section 1086 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1086&num=0&edition=prelim) until the end of the 24-month period beginning on the later of— (A) the date the person is no longer a dependent under [section 1072(2)(H) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1072/2/H&num=0&edition=prelim); and (B) the date of the purchase of the policy. (2) The extended period of eligibility provided under paragraph (1) shall apply only with regard to a condition of the person that— (A) exists on the date on which coverage under the conversion health policy begins; and (B) for which care is not provided under the policy solely on the grounds that the condition 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 policies under subsection (a) at a rate not to exceed the payment required under [section 8905a(d)(1)(A) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8905a/d/1/A&num=0&edition=prelim) for comparable coverage, the Secretary shall provide the coverage required under such a policy through the Civilian Health and Medical Program of the Uniformed Services. Subject to paragraph (2), a person receiving 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 contributions which would be required in the case of a person enrolled in a health benefits plan contracted for under [section 1079 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1079&num=0&edition=prelim); 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 purchases a conversion health policy from the Secretary of Defense under paragraph (1) may not exceed the payment required under [section 8905a(d)(1)(A) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8905a/d/1/A&num=0&edition=prelim) 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 policy” means a health insurance policy with a private insurer, developed through negotiations between the Secretary of Defense and the private insurer, that is available for purchase by or for the use of a person who is a dependent for a one-year period under [section 1072(2)(H) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1072/2/H&num=0&edition=prelim).

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

10 U.S.C. § 1076 — Medical and dental care for dependents: general rule

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1076

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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. § 155 — Joint Staff

**(a) Appointment of Officers to Joint Staff.—** (1) There is a Joint Staff under the Chairman of the Joint Chiefs of Staff. The Joint Staff assists the Chairman and, subject to the authority, direction, and control of the Chairman, the other members of the Joint Chiefs of Staff in carrying out their responsibilities. (2) Officers of the armed forces (other than the Coast Guard) assigned to serve on the Joint Staff shall be selected by the Chairman in approximately equal numbers from— (A) the Army; (B) the Navy and the Marine Corps; and (C) the Air Force and the Space Force. (3) Selection of officers of an armed force to serve on the Joint Staff shall be made by the Chairman from a list of officers submitted by the Secretary of the military department having jurisdiction over that armed force. Each officer whose name is submitted shall be among those officers considered to be the most outstanding officers of that armed force. The Chairman may specify the number of officers to be included on any such list. **(b) Director.—** The Chairman of the Joint Chiefs of Staff, after consultation with the other members of the Joint Chiefs of Staff and with the approval of the Secretary of Defense, may select an officer to serve as Director of the Joint Staff. **(c) Management of Joint Staff.—** The Chairman of the Joint Chiefs of Staff manages the Joint Staff and the Director of the Joint Staff. The Joint Staff shall perform such duties as the Chairman prescribes and shall perform such duties under such procedures as the Chairman prescribes. **(d) Operation of Joint Staff.—** The Secretary of Defense shall ensure that the Joint Staff is independently organized and operated so that the Joint Staff supports the Chairman of the Joint Chiefs of Staff in meeting the congr

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 155

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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

10 U.S.C. § 1145 — Health benefits

**(a) Transitional Health Care.—** (1) For the time period described in paragraph (4), a member of the armed forces who is separated from active service as described in paragraph (2) (and the dependents of the member) shall be entitled to receive— (A) except as provided in paragraph (3), medical and dental care under [section 1076 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1076&num=0&edition=prelim) in the same manner as a dependent described in subsection (a)(2) of such section; and (B) health benefits contracted under the authority of [section 1079(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1079/a&num=0&edition=prelim) and subject to the same rates and conditions as apply to persons covered under that section. (2) This subsection applies to the following members of the armed forces: (A) A member who is involuntarily separated from active duty. (B) A member of a reserve component who is separated from active duty to which called or ordered under [section 12304b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12304b&num=0&edition=prelim) or a provision of law referred to in [section 101(a)(13)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101/a/13/B&num=0&edition=prelim) if the active duty is active duty for a period of more than 30 days. (C) A member who is separated from active duty for which the member is involuntarily retained under [section 12305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12305&num=0&edition=prelim) in support of a contingency operation. (D) A member who is separated from active duty served purs

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1145

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

10 U.S.C. § 1079 — Contracts for medical care for spouses and children: plans

**(a)** To assure that medical care is available for dependents, as described in subparagraphs (A), (D), and (I) of [section 1072(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1072/2&num=0&edition=prelim), of members of the uniformed services who are on active duty for a period of more than 30 days, the Secretary of Defense, after consulting with the other administering Secretaries, shall contract, under the authority of this section, for medical care for those persons under such insurance, medical service, or health plans as he considers appropriate. The types of health care authorized under this section shall be the same as those provided under [section 1076 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1076&num=0&edition=prelim), except as follows: (1) With respect to dental care— (A) except as provided in subparagraph (B), only that care required as a necessary adjunct to medical or surgical treatment may be provided; and (B) in connection with dental treatment for patients with developmental, mental, or physical disabilities or for pediatric patients age 5 or under, only institutional and anesthesia services may be provided. (2) Consistent with such regulations as the Secretary of Defense may prescribe regarding the content of health promotion and disease prevention visits, the schedule and method of cervical cancer screenings and breast cancer screenings, the schedule and method of colon and prostate cancer screenings, and the types and schedule of immunizations— (A) for dependents under six years of age, both health promotion and disease prevention visits and immunizations may be provided; and (B) for dependents six years of age or older, health promotion an

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1079

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

10 U.S.C. § 1086a — Certain former spouses: extension of pe-

Page 1122 TITLE 10—ARMED FORCES § 1086a EFFECTIVE DATE OF 1980 AMENDMENT Amendment by section 501(14) of Pub. L. 96–513 effec- tive Sept. 15, 1981, and amendment by section 511(36), (39) of Pub. L. 96–513 effective Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1979 AMENDMENT Pub. L. 96–173, § 2, Dec. 29, 1979, 93 Stat. 1287, provided that: ‘‘The amendment made by the first section of this Act [amending this section] shall take effect on Octo- ber 1, 1979.’’ EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–485 applicable with respect to claims submitted for payment for services provided on or after the first day of the first calendar year be- ginning after Oct. 20, 1978, see section 806(b) of Pub. L. 95–485, set out as a note under section 1079 of this title. EFFECTIVE DATE For effective date of section, see section 3 of Pub. L. 89–614, set out as a note under section 1071 of this title. TEMPORARY AUTHORITY FOR WAIVER OF COLLECTION OF PAYMENTS DUE FOR CHAMPUS BENEFITS RECEIVED BY CERTAIN PERSONS UNAWARE OF LOSS OF CHAMPUS ELIGIBILITY Pub. L. 108–375, div. A, title VII, § 716, Oct. 28, 2004, 118 Stat. 1986, authorized the Secretary of Defense to waive the collection of payments otherwise due for health benefits from certain persons described in subsec. (d) of this section who were unaware of the loss of eligibility to receive health benefits under such subsection and authorized a continuation of benefits for such persons during the period beginning on July 1, 1999, and ending on Dec. 31, 2004. Similar provisions were contained in the following prior authorization acts: Pub. L. 105–261, div. A, title VII, § 704, Oct. 17, 1998, 112 Stat. 2057. Pub. L. 104–106,

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1086a

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