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10 U.S.C. § 1073d — Military medical treatment facilities
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** To support the medical readiness of the armed forces and the readiness of medical personnel, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall maintain the military medical treatment facilities described in subsections (b), (c), and (d).
**(b) Medical Centers.—**
(1) The Secretary of Defense shall maintain medical centers in areas with a large population of members of the armed forces and covered beneficiaries.
(2) Medical centers shall serve as referral facilities for members and covered beneficiaries who require comprehensive health care services that support medical readiness.
(3) Medical centers shall consist of the following:
(A) Inpatient and outpatient tertiary care facilities that incorporate specialty and subspecialty care.
(B) Graduate medical education programs.
(C) Residency training programs.
(D) Level one, level two, or level three trauma care capabilities.
(4)
(A) The Secretary shall designate certain major medical centers as regional centers of excellence for the provision of specialty care services in the areas of specialty care described in subparagraph (D). A major medical center may be designated as a center of excellence under this subparagraph for more than one such area of specialty care.
(B) The Secretary may designate certain medical centers as satellite centers of excellence for the provision of specialty care services for specific conditions, such as the following:
(i) Post-traumatic stress.
(ii) Traumatic brain injury.
(iii) Such other conditions as the Secretary determines appropriate.
(C) Centers of excellence designated under this paragraph shall serve the purposes of—
(i) ensuring the military medical force readiness of the D
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Source location: Title 10, Chapter 55, § 1073d; chapter-055-medical-and-dental-care.md
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**(a) In General.—** To support the medical readiness of the armed forces and the readiness of medical personnel, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall maintain the military medical treatment facilities described in subsections (b), (c), and (d).
**(b) Medical Centers.—**
(1) The Secretary of Defense shall maintain medical centers in areas with a large population of members of the armed forces and covered beneficiaries.
(2) Medical centers shall serve as referral facilities for members and covered beneficiaries who require comprehensive health care services that support medical readiness.
(3) Medical centers shall consist of the following:
(A) Inpatient and outpatient tertiary care facilities that incorporate specialty and subspecialty care.
(B) Graduate medical education programs.
(C) Residency training programs.
(D) Level one, level two, or level three trauma care capabilities.
(4)
(A) The Secretary shall designate certain major medical centers as regional centers of excellence for the provision of specialty care services in the areas of specialty care described in subparagraph (D). A major medical center may be designated as a center of excellence under this subparagraph for more than one such area of specialty care.
(B) The Secretary may designate certain medical centers as satellite centers of excellence for the provision of specialty care services for specific conditions, such as the following:
(i) Post-traumatic stress.
(ii) Traumatic brain injury.
(iii) Such other conditions as the Secretary determines appropriate.
(C) Centers of excellence designated under this paragraph shall serve the purposes of—
(i) ensuring the military medical force readiness of the Department of Defense and the medical readiness of the armed forces;
(ii) improving the quality of health care furnished by the Secretary to eligible beneficiaries; and
(iii) improving health outcomes for eligible beneficiaries.
(D) The areas of specialty care described in this subparagraph are as follows:
(i) Oncology.
(ii) Burn injuries and wound care.
(iii) Rehabilitation medicine.
(iv) Psychological health and traumatic brain injury.
(v) Amputations and prosthetics.
(vi) Neurosurgery.
(vii) Orthopedic care.
(viii) Substance abuse.
(ix) Infectious diseases and preventive medicine.
(x) Cardiothoracic surgery.
(xi) Such other areas of specialty care as the Secretary determines appropriate.
(E)
(i) Centers of excellence designated under this paragraph shall be the primary source within the military health system for the receipt by eligible beneficiaries of specialty care.
(ii) Eligible beneficiaries seeking a specialty care service through the military health system shall be referred to a center of excellence designated under subparagraph (A) for that area of specialty care or, if the specialty care service sought is unavailable at such center, to an appropriate specialty care provider in the private sector.
(F) Not later than 90 days prior to the designation of a center of excellence under this paragraph, the Secretary shall notify the Committees on Armed Services of the House of Representatives and the Senate of such designation.
(G) In this paragraph, the term “eligible beneficiary” means any beneficiary under this chapter.
(5)
(A) The Secretary of Defense shall designate and maintain certain military medical treatment facilities as core casualty receiving facilities, to ensure the medical capability and capacity required to diagnose, treat, and rehabilitate large volumes of combat casualties and, as may be directed by the President or the Secretary, provide a medical response to events the President determines or declares as natural disasters, mass casualty events, or other national emergencies.
(B) The Secretary shall ensure that the military medical treatment facilities selected for designation pursuant to subparagraph (A) are geographically located to facilitate the aeromedical evacuation of casualties from theaters of operations.
(C) The Secretary—
(i) shall ensure that the Secretaries of the military departments assign military personnel to core casualty receiving facilities designated under subparagraph (A) at not less than 90 percent of the staffing level required to maintain the operating bed capacity necessary to support operation planning requirements;
(ii) may augment the staffing of military personnel at core casualty receiving facilities under subparagraph (A) with civilian employees of the Department of Defense to fulfill the staffing requirement under clause (i); and
(iii) shall ensure that each core casualty receiving facility under subparagraph (A) is staffed with a civilian Chief Financial Officer and a civilian Chief Operating Officer with experience in the management of civilian hospital systems, for the purpose of ensuring continuity in the management of the facility.
(D) In this paragraph:
(i) The term “core casualty receiving facility” means a Role 4 medical treatment facility that serves as a medical hub for the receipt and treatment of casualties, including civilian casualties, that may result from combat or from an event the President determines or declares as a natural disaster, mass casualty event, or other national emergency.
(ii) The term “Role 4 medical treatment facility” means a medical treatment facility that provides the full range of preventative, curative, acute, convalescent, restorative, and rehabilitative care.
**(c) Hospitals.—**
(1) The Secretary of Defense shall maintain hospitals in areas where civilian health care facilities are unable to support the health care needs of members of the armed forces and covered beneficiaries.
(2) Hospitals shall provide—
(A) inpatient and outpatient health services to maintain medical readiness; and
(B) such other programs and functions as the Secretary determines appropriate.
(3) Hospitals shall consist of inpatient and outpatient care facilities with limited specialty care that the Secretary determines—
(A) is cost effective; or
(B) is not available at civilian health care facilities in the area of the hospital.
**(d) Ambulatory Care Centers.—**
(1) The Secretary of Defense shall maintain ambulatory care centers in areas where civilian health care facilities are able to support the health care needs of members of the armed forces and covered beneficiaries.
(2) Ambulatory care centers shall provide the outpatient health services required to maintain medical readiness, including with respect to partnerships established pursuant to section 706 of the National Defense Authorization Act for Fiscal Year 2017.
(3) Ambulatory care centers shall consist of outpatient care facilities with limited specialty care that the Secretary determines—
(A) is cost effective; or
(B) is not available at civilian health care facilities in the area of the ambulatory care center.
**(e) Maintenance of Inpatient Capabilities at Military Medical Treatment Facilities Located Outside the United States.—**
(1) In carrying out subsection (a), the Secretary of Defense shall ensure that each covered facility maintains, at a minimum, inpatient capabilities that the Secretary determines are similar to the inpatient capabilities of such facility on September 30, 2016.
(2) The Secretary may not eliminate the inpatient capabilities of a covered facility until the day that is 180 days after the Secretary provides a briefing to the Committees on Armed Services of the Senate and the House of Representatives regarding the proposed elimination. During any such briefing, the Secretary shall certify the following:
(A) The Secretary has entered into agreements with hospitals or medical centers in the host nation of such covered facility that—
(i) replace the inpatient capabilities the Secretary proposes to eliminate; and
(ii) ensure members of the armed forces and covered beneficiaries who receive health care from such covered facility, have, within a distance the Secretary determines is reasonable, access to quality health care, including case management and translation services.
(B) The Secretary has consulted with the commander of the geographic combatant command in which such covered facility is located to ensure that the proposed elimination would have no impact on the operational plan for such geographic combatant command.
(C) Before the Secretary eliminates the inpatient capabilities of such covered facility, the Secretary shall provide each member of the armed forces or covered beneficiary who receives health care from the covered facility with—
(i) a transition plan for continuity of health care for such member or covered beneficiary; and
(ii) a public forum to discuss the concerns of the member or covered beneficiary regarding the proposed reduction.
(3) In this subsection, the term “covered facility” means a military medical treatment facility located outside the United States.
**(f) Notification Required to Modify Scope of Services Provided at Military Medical Treatment Facilities.—**
(1) The Secretary of Defense may not modify the scope of medical care provided at a military medical treatment facility, or the beneficiary population served at the facility, unless—
(A) the Secretary submits to the Committees on Armed Services of the House of Representatives and the Senate a notification of the proposed modification in scope;
(B) a period of 180 days has elapsed following the date on which the Secretary submits such notification; and
(C) if the proposed modification in scope involves the termination or reduction of inpatient capabilities at a military medical treatment facility located outside the United States, the Secretary has provided to each member of the armed forces or covered beneficiary receiving services at such facility a transition plan for the continuity of health care for such member or covered beneficiary.
(2) Each notification under paragraph (1) shall contain, with respect to the military medical treatment facility for which the modification in scope has been proposed, the following:
(A) An endorsement from the Chairman of the Joint Chiefs of Staff that the proposed modification will have no effect on operational requirements of the armed forces.
(B) An endorsement from the Surgeon General of the military department concerned that the proposed modification will have no effect on the training or readiness of military medical personnel in the military department concerned.
(C) An assessment from the Director of the Defense Health Agency that explains how members of the armed forces and covered beneficiaries receiving services at the facility will continue to receive care.
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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) Resources Sharing Agreements.—** The Secretary of Defense may enter into an agreement providing for the sharing of resources between facilities of the uniformed services and facilities of a civilian health care provider or providers that the Secretary contracts with under section 1079, 1086, or 1097 of this title if the Secretary determines that such an agreement would result in the delivery of health care to which covered beneficiaries are entitled under this chapter in a more effective, efficient, or economical manner.
**(b) Eligible Resources.—** An agreement entered into under subsection (a) may provide for the sharing of—
(1) personnel (including support personnel);
(2) equipment;
(3) supplies; and
(4) any other items or facilities necessary for the provision of health care services.
**(c) Computation of Charges.—** A covered beneficiary who is a dependent, with respect to care provided to such beneficiary in facilities of the uniformed services under a sharing agreement entered into under subsection (a), shall pay the charges prescribed by [section 1078 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1078&num=0&edition=prelim).
**(d) Reimbursement for License Fees.—** In any case in which it is necessary for a member of the uniformed services to pay a professional license fee imposed by a government in order to provide health care services at a facility of a civilian health care provider pursuant to an agreement entered into under subsection (a), the Secretary of Defense may reimburse the member for up to $500 of the amount of the license fee paid by the member.
**(e) Medical Surge Program.—**
(1) The Secretary of Defense, in collaboration with the Secretary of Health and Human Services, shall carry out a p
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1096
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Consistent with this section and under such regulations as the Secretary of Defense shall prescribe under subsection (h), the Secretary may allow, settle, and pay a claim against the United States for personal injury or death incident to the service of a member of the uniformed services that was caused by the medical malpractice of a Department of Defense health care provider.
**(b) Requirement for Claims.—** A claim may be allowed, settled, and paid under subsection (a) only if—
(1) the claim is filed by the member of the uniformed services who is the subject of the medical malpractice claimed, or by an authorized representative on behalf of such member who is deceased or otherwise unable to file the claim due to incapacitation;
(2) the claim is for personal injury or death caused by the negligent or wrongful act or omission of a Department of Defense health care provider in the performance of medical, dental, or related health care functions while such provider was acting within the scope of employment;
(3) the act or omission constituting medical malpractice occurred in a covered military medical treatment facility;
(4) the claim is presented to the Department in writing within two years after the claim accrues;
(5) the claim is not allowed to be settled and paid under any other provision of law; and
(6) the claim is substantiated as prescribed in regulations prescribed by the Secretary of Defense under subsection (h).
**(c) Liability.—**
(1) The Department of Defense is liable for only the portion of compensable injury, loss, or damages attributable to the medical malpractice of a Department of Defense health care provider.
(2) The Department of Defense shall not be liable for the attorney fees of a claimant under this section.
**(d)
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A member of an armed force is entitled to leave at the rate of 2½ calendar days for each month of active service, excluding periods of—
(1) absence from duty without leave;
(2) absence over leave;
(3) confinement as the result of a sentence of a court-martial; and
(4) leave required to be taken under [section 876a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section876a&num=0&edition=prelim).
Full-time training, or other full-time duty for a period of more than 29 days, performed under section 316, 502, 503, 504, or 505 of title 32 by a member of the Army National Guard of the United States or the Air National Guard of the United States in his status as a member of the National Guard, and for which he is entitled to pay, is active service for the purposes of this section.
**(b)** Except as provided in subsections (e) and (f), a member may not accumulate more than 60 days’ leave. However, leave taken during a fiscal year may be charged to leave accumulated during that fiscal year without regard to this limitation.
**(c)** A member who retired after August 9, 1946, who is continued on, or is recalled to active duty, may have his leave which accumulated during his service before retirement carried over to his period of service after retirement.
**(d)** Leave taken before discharge is considered to be active service.
**(e)**
(1) The Secretary concerned, under uniform regulations to be prescribed by the Secretary of Defense, may authorize a member described in paragraph (2) to retain not more than 30 days of excess leave.
(2) A member described in this paragraph is a member who—
(A)
(i) serves on active duty for a continuous period of at least 120 days for which the member is entitled to special pay under [sect
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Federal law — U.S. Code and appendices · legal_authorities
Page 1028
TITLE 10—ARMED FORCES
§ 1073d
that such personnel are capable of meeting the oper-
ational medical force requirements of the combatant
commands applicable to such personnel. Such train-
ing and practice opportunities shall be provided pri-
marily through programs and activities of the De-
fense Health Agency, in coordination with the Secre-
taries of the military departments, and by such other
mechanisms as the Secretary of Defense shall des-
ignate for purposes of this paragraph.
‘‘(4) CONSTRUCTION OF DUTIES.—The duties of a Sur-
geon General of the Armed Forces under this sub-
section are in addition to the duties of such Surgeon
General under section 3036, 5137, or 8036 of title 10,
United States Code, as applicable.
‘‘(5) MANPOWER.—
‘‘(A) ADMINISTRATIVE CONTROL OF MILITARY PER-
SONNEL.—Each Secretary of a military department
shall exercise administrative control of members of
the Armed Forces assigned to military medical
treatment facilities, including personnel assign-
ment and issuance of military orders.
‘‘(B) OVERSIGHT OF CERTAIN PERSONNEL BY THE DI-
RECTOR OF THE DEFENSE HEALTH AGENCY.—In situa-
tions in which members of the Armed Forces pro-
vide health care services at a military medical
treatment facility, the Director of the Defense
Health Agency shall maintain operational control
over such members and oversight for the provision
of care delivered by such members through policies,
procedures, and privileging responsibilities of the
military medical treatment facility.
‘‘(f) REPORT.—Not later than 270 days after the date
of the enactment of this Act [Aug. 13, 2018], the Sec-
retary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Rep-
resentatives a report that sets forth the following:
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