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10 U.S.C. § 1095a — Medical care: members held as captives and their dependents
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Under regulations prescribed by the President, the Secretary concerned shall pay (by advancement or reimbursement) any person who is a former captive, and any dependent of that person or of a person who is in a captive status, for health care and other expenses related to such care, to the extent that such care—
(1) is incident to the captive status; and
(2) is not covered—
(A) by any other Government medical or health program; or
(B) by insurance.
**(b)** In the case of any person who is eligible for medical care under section 1074 or 1076 of this title, such regulations shall require that, whenever practicable, such care be provided in a facility of the uniformed services.
**(c)** In this section:
(1) The terms “captive status” and “former captive” have the meanings given those terms in [section 559 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section559&num=0&edition=prelim).
(2) The term “dependent” has the meaning given that term in section 551 of that title.
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Stable record: federal_law:legal_authorities:record_usc_b9064c41c11b62a09b6db525
Source file: Laws/federal/codes/united-states-code/title-10/section-1095a-medical-care-members-held-as-captives-and-their-dependents--40cbda9308.md
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Source location: Title 10, Chapter 55, § 1095a; chapter-055-medical-and-dental-care.md
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**(a)** Under regulations prescribed by the President, the Secretary concerned shall pay (by advancement or reimbursement) any person who is a former captive, and any dependent of that person or of a person who is in a captive status, for health care and other expenses related to such care, to the extent that such care—
(1) is incident to the captive status; and
(2) is not covered—
(A) by any other Government medical or health program; or
(B) by insurance.
**(b)** In the case of any person who is eligible for medical care under section 1074 or 1076 of this title, such regulations shall require that, whenever practicable, such care be provided in a facility of the uniformed services.
**(c)** In this section:
(1) The terms “captive status” and “former captive” have the meanings given those terms in [section 559 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section559&num=0&edition=prelim).
(2) The term “dependent” has the meaning given that term in section 551 of that title.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this section—
(1) “captive” means any individual in a captive status commencing while such individual is—
(A) in the Civil Service, or
(B) a citizen, national, or resident alien of the United States rendering personal service to the United States similar to the service of an individual in the Civil Service (other than as a member of the uniformed services);
(2) “captive status” means a missing status which, as determined by the President, arises because of a hostile action and is a result of the individual’s relationship with the Government;
(3) “missing status”—
(A) in the case of an employee, has the meaning provided under [section 5561(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5561/5&num=0&edition=prelim); and
(B) in the case of an individual other than an employee, has a similar meaning; and
(4) “family member”, as used with respect to a person, means—
(A) any dependent of such person; and
(B) any individual (other than a dependent under subparagraph (A)) who is a member of such person’s family or household.
**(b)**
(1) The Secretary of the Treasury shall establish a savings fund to which the head of an agency may allot all or any portion of the pay and allowances of any captive to the extent that such pay and allowances are not subject to an allotment under [section 5563 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5563&num=0&edition=prelim) or any other provision of law.
(2) Amounts so allotted to the savings fund shall bear interest at a rate which, for any calendar quarter, shall be equal to the average rate paid on United States Treasury bills with 3-month maturities issued during the preceding calendar quarter. Suc
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5569
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In this section:
(1) The term “captive status” means a missing status of a member of the uniformed services which, as determined by the President, arises because of a hostile action and is a result of membership in the uniformed services, but does not include a period of captivity of a member as a prisoner of war if Congress provides to such member, in an Act enacted after August 27, 1986, monetary payment in respect of such period of captivity.
(2) The term “former captive” means a person who, as a member of the uniformed services, was held in a captive status.
**(b)**
(1) The Secretary of the Treasury shall establish a savings fund to which the Secretary concerned may allot all or any portion of the pay and allowances of any member of the uniformed services who is in a captive status to the extent that such pay and allowances are not subject to an allotment under [section 553 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section553&num=0&edition=prelim) or any other provision of law.
(2) Amounts so allotted shall bear interest at a rate which, for any calendar quarter, shall be equal to the average rate paid on United States Treasury bills with three-month maturities issued during the preceding calendar quarter. Such interest shall be computed quarterly.
(3) Amounts in the savings fund credited to a member shall be considered as pay and allowances for purposes of [section 553(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section553/c&num=0&edition=prelim) and shall otherwise be subject to withdrawal under procedures which the Secretary of the Treasury shall establish.
(4) Any interest accruing under this subsection on—
(A) any amount for which a member is indebted to the U
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 559
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) In the case of a person who is a covered beneficiary, the United States shall have the right to collect from a third-party payer reasonable charges for health care services incurred by the United States on behalf of such person through a facility of the uniformed services to the extent that the person would be eligible to receive reimbursement or indemnification from the third-party payer if the person were to incur such charges on the person’s own behalf. If the insurance, medical service, or health plan of that payer includes a requirement for a deductible or copayment by the beneficiary of the plan, then the amount that the United States may collect from the third-party payer is a reasonable charge for the care provided less the appropriate deductible or copayment amount.
(2) A covered beneficiary may not be required to pay an additional amount to the United States for health care services by reason of this section.
**(b)** No provision of any insurance, medical service, or health plan contract or agreement having the effect of excluding from coverage or limiting payment of charges for certain care shall operate to prevent collection by the United States under subsection (a) if that care is provided—
(1) through a facility of the uniformed services;
(2) directly or indirectly by a governmental entity;
(3) to an individual who has no obligation to pay for that care or for whom no other person has a legal obligation to pay; or
(4) by a provider with which the third party payer has no participation agreement.
**(c)** Under regulations prescribed under subsection (f), records of the facility of the uniformed services that provided health care services to a beneficiary of an insurance, medical service, or health plan of a third-party payer shall be mad
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1095
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Federal law — U.S. Code and appendices · legal_authorities
Page 1144
TITLE 10—ARMED FORCES
§ 1095a
by subsection (a) [amending this section] shall apply
with respect to health care services provided in a med-
ical facility of the uniformed services after the date of
the enactment of this Act [Nov. 5, 1990], but not with
respect to collection under any insurance, medical
service, or health plan agreement entered into before
the date of the enactment of this Act that the Sec-
retary of Defense determines clearly excludes payment
for such services. Such an exception shall apply until
the amendment or renewal of such agreement after
that date.’’
EFFECTIVE DATE OF 1989 AMENDMENT
Pub. L. 101–189, div. A, title VII, § 727(b), Nov. 29, 1989,
103 Stat. 1480, provided that: ‘‘The amendment made by
this section [amending this section] shall take effect on
October 1, 1989, and shall apply to amounts collected
under section 1095 of title 10, United States Code, on or
after that date.’’
EFFECTIVE DATE
Pub. L. 99–272, title II, § 2001(b), Apr. 7, 1986, 100 Stat.
101, provided that: ‘‘Section 1095 of title 10, United
States Code, as added by subsection (a), shall apply
with respect to inpatient hospital care provided after
September 30, 1986, but only with respect to an insur-
ance, medical service, or health plan agreement en-
tered into, amended, or renewed on or after the date of
the enactment of this Act [Apr. 7, 1986].’’
PILOT PROGRAM
ON INCREASED THIRD-PARTY COLLEC-
TION REIMBURSEMENTS IN MILITARY MEDICAL TREAT-
MENT FACILITIES
Pub. L. 113–66, div. A, title VII, § 712, Dec. 26, 2013, 127
Stat. 793, required the Secretary of Defense, in coordi-
nation with the Secretaries of the military depart-
ments, to conduct a three-year pilot program to dem-
onstrate and assess the feasibility of implementing
commercially ava
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1095a
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.