10 U.S.C. § 1074h — Medical and dental care: medal of honor

Page 1066 TITLE 10—ARMED FORCES § 1074h tion project throughout the entire pharmacy benefits program or at a limited number of sites. If the project is conducted at a limited number of sites, the number of sites shall be not less than five in each TRICARE region for each of the two means described in such subparagraph. ‘‘(3) PERIOD OF DEMONSTRATION.—The Secretary shall provide for conducting the demonstration project for a period of time necessary to evaluate the feasibility and cost effectiveness of the demonstra- tion. Such period shall be at least as long as the pe- riod covered by pharmacy contracts in existence on the date of the enactment of this Act [Oct. 17, 2006] (including any extensions of the contracts), or five years, whichever is shorter. ‘‘(4) IMPLEMENTATION DEADLINE.—Implementation of the demonstration project shall begin not later than May 1, 2007. ‘‘(c) EVALUATION OF DEMONSTRATION PROJECT.—The Secretary shall evaluate the demonstration project for the following: ‘‘(1) The costs and benefits of providing OTC drugs under the pharmacy benefits program in each of the means chosen by the Secretary to conduct the dem- onstration project. ‘‘(2) The clinical effectiveness of providing OTC drugs under the pharmacy benefits program. ‘‘(3) Customer satisfaction with the demonstration project. ‘‘(d) REPORT.—Not later than two years after imple- mentation of the demonstration project begins, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the demonstration project. The report shall contain— ‘‘(1) the evaluation required by subsection (c); ‘‘(2) recommendations for improving the provision of OTC drugs under the pharmacy benefits program; and ‘‘(3) recommendations on whether permanent au- thority should be provided to cover OTC drugs under the pharmacy benefits program. ‘‘(e) CONTINUATION OF DEMONSTRATION PROJECT.—If the Secretary recommends in the report under sub- section (d) that permanent authority should be pro- vided, the Secretary may continue the demonstration project for up to one year after submitting the report. ‘‘(f) DEFINITIONS.—In this section: ‘‘(1) The term ‘drug’ means a drug, including a bio- logical product, within the meaning of section 1074g(f)(2) [now 1074g(i)(2)] of title 10, United States Code. ‘‘(2) The term ‘OTC drug’ has the meaning indicated for such term in subsection (b)(1)(A). ‘‘(3) The term ‘over-the-counter drug’ means a drug that is not subject to section 503(b) of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 353(b)]. ‘‘(4) The term ‘prescription drug’ means a drug that is subject to section 503(b) of the Federal Food, Drug, and Cosmetic Act.’’ INTEROPERABILITY OF DEPARTMENT OF VETERANS AF- FAIRS AND DEPARTMENT OF DEFENSE PHARMACY DATA SYSTEMS Pub. L. 107–314, div. A, title VII, § 724, Dec. 2, 2002, 116 Stat. 2598, provided that: ‘‘(a) INTEROPERABILITY.—The Secretary of Veterans Affairs and the Secretary of Defense shall seek to en- sure that on or before October 1, 2004, the Department of Veterans Affairs pharmacy data system and the De- partment of Defense pharmacy data system (known as the ‘Pharmacy Data Transaction System’) are inter- operable for both Department of Defense beneficiaries and Department of Veterans Affairs beneficiaries by achieving real-time interface, data exchange, and checking of prescription drug data of outpatients, and using national standards for the exchange of outpatient medication information. ‘‘(b) ALTERNATIVE REQUIREMENT.—If the interoper- ability specified in subsection (a) is not achieved by Oc- tober 1, 2004, as determined jointly by the Secretary of Defense and the Secretary of Veterans Affairs, the Sec- retary of Veterans Affairs shall adopt the Department of Defense Pharmacy Data Transaction System for use by the Department of Veterans Affairs health care sys- tem. Such system shall be fully operational not later than October 1, 2005. ‘‘(c) IMPLEMENTATION FUNDING FOR ALTERNATIVE RE- QUIREMENT.—The Secretary of Defense shall transfer to the Secretary of Veterans Affairs, or shall otherwise bear the cost of, an amount sufficient to cover three- fourths of the cost to the Department of Veterans Af- fairs for computer programming activities and relevant staff training expenses related to implementation of subsection (b). Such amount shall be determined in such manner as agreed to by the two Secretaries.’’ DEADLINE FOR ESTABLISHMENT OF COMMITTEE Pub. L. 106–65, div. A, title VII, § 701(b), Oct. 5, 1999, 113 Stat. 680, directed the Secretary of Defense to es- tablish the Pharmacy and Therapeutics Committee re- quired by subsec. (b) of this section not later than 30 days after Oct. 5, 1999. REPORTS REQUIRED Pub. L. 106–65, div. A, title VII, § 701(c), Oct. 5, 1999, 113 Stat. 680, directed the Secretary of Defense to sub- mit reports to Congress, not later than Apr. 1 and Oct. 1 of fiscal years 2000 and 2001, on the implementation of the uniform formulary required under subsec. (a) of this section, the results of a survey conducted by the Secretary of prescribers for military medical treatment facilities and TRICARE contractors, the operation of the Pharmacy Data Transaction Service required by subsec. (e) of this section, and any other actions taken by the Secretary to improve management of the phar- macy benefits program under this section. STUDY FOR DESIGN OF PHARMACY BENEFIT FOR CERTAIN COVERED BENEFICIARIES Pub. L. 106–65, div. A, title VII, § 701(d), Oct. 5, 1999, 113 Stat. 680, required the Secretary of Defense to pre- pare and submit to Congress, by Apr. 15, 2001, a study on a design for a comprehensive pharmacy benefit for covered beneficiaries under chapter 55 of title 10, who are entitled to benefits under part A, and enrolled under part B, of title XVIII of the Social Security Act, and to provide an estimate of the costs of imple- menting and operating such design, prior to repeal by Pub. L. 107–107, div. A, title VII, § 723, Dec. 28, 2001, 115 Stat. 1168. § 1074h. Medical and dental care: medal of honor recipients; dependents (a) MEDAL OF HONOR RECIPIENTS.—A former member of the armed forces who is a Medal of Honor recipient and who is not otherwise enti- tled to medical and dental benefits under this chapter may, upon request, be given medical and dental care provided by the administering Secre- taries in the same manner as if entitled to re- tired pay. (b) IMMEDIATE DEPENDENTS.—A person who is an immediate dependent of a Medal of Honor re- cipient and who is not otherwise entitled to medical and dental benefits under this chapter may, upon request, be given medical and dental care provided by the administering Secretaries in the same manner as if the Medal of Honor re- cipient were, or (if deceased) was at the time of death, entitled to retired pay. (c) DEFINITIONS.—In this section: (1) The term ‘‘Medal of Honor recipient’’ means a person who has been awarded a medal of honor under section 7271, 8291, or 9271 of this title or section 2732 of title 14. Page 1067 TITLE 10—ARMED FORCES § 1074i (2) The term ‘‘immediate dependent’’ means a dependent described in subparagraph (A), (B), (C), or (D) of section 1072(2) of this title. (Added Pub. L. 106–398, § 1 [[div. A], title VII, § 706(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–175; amended Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840; Pub. L. 118–31, div. A, title XVIII, § 1801(a)(11), Dec. 22, 2023, 137 Stat. 684.) Editorial Notes AMENDMENTS 2023—Subsec. (c)(1). Pub. L. 118–31, § 1801(a)(11), sub- stituted ‘‘section 2732 of title 14’’ for ‘‘section 491 of title 14’’. 2018—Subsec. (c)(1). Pub. L. 115–232 substituted ‘‘sec- tion 7271, 8291, or 9271’’ for ‘‘section 3741, 6241, or 8741’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE Pub. L. 106–398, § 1 [[div. A], title VII, § 706(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–175, provided that: ‘‘Section 1074h of title 10, United States Code, shall apply with respect to medical and dental care provided on or after the date of the enactment of this Act [Oct. 30, 2000].’’ § 1074i. Reimbursement for certain travel ex- penses (a) IN GENERAL.—In any case in which a cov- ered beneficiary is referred by a primary care physician to a specialty care provider who pro- vides services more than 100 miles from the loca- tion in which the primary care provider provides services to the covered beneficiary, the Sec- retary of Defense shall provide travel and trans- portation allowances as specified in regulations prescribed under section 464 of title 37 for the covered beneficiary and, when accompaniment by an adult is necessary, for a parent or guard- ian of the covered beneficiary or another mem- ber of the covered beneficiary’s family who is at least 21 years of age. (b) ALLOWABLE TRAVEL AND TRANSPORTATION UNDER EXCEPTIONAL CIRCUMSTANCES.—The Sec- retary of Defense may provide travel and trans- portation allowances as specified in the regula- tions referred to in subsection (a) for travel of members of the armed forces on active duty and their dependents, and accompaniment, to a spe- cialty care provider not otherwise authorized by subsection (a) under such exceptional cir- cumstances as the Secretary considers appro- priate for purposes of this section. (c) OUTREACH PROGRAM AND TRAVEL REIM- BURSEMENT FOR FOLLOW-ON SPECIALTY CARE AND RELATED SERVICES.—The Secretary concerned shall ensure that an outreach program is imple- mented for each member of the uniformed serv- ices who incurred a combat-related disability and is entitled to retired or retainer pay, or equivalent pay, so that— (1) the progress of the member is closely monitored; and (2) the member receives the travel reim- bursement authorized by subsection (a) when- ever the member requires follow-on specialty care, services, or supplies. (d) DEFINITIONS.—In this section: (1) The term ‘‘specialty care provider’’ in- cludes a dental specialist. (2) The term ‘‘dental specialist’’ means an oral surgeon, orthodontist, prosthodontist, pe- riodontist, endodontist, or pediatric dentist, and includes such other providers of dental care and services as determined appropriate by the Secretary of Defense. (3) The term ‘‘combat-related disability’’ has the meaning given that term in section 1413a of this title. (Added Pub. L. 106–398, § 1 [[div. A], title VII, § 758(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–199; amended Pub. L. 107–107, div. A, title VII, § 706, Dec. 28, 2001, 115 Stat. 1163; Pub. L. 108–136, div. A, title VII, § 712, Nov. 24, 2003, 117 Stat. 1530; Pub. L. 110–181, div. A, title XVI, § 1632(a), (b), Jan. 28, 2008, 122 Stat. 458, 459; Pub. L. 111–84, div. A, title VI, § 634, Oct. 28, 2009, 123 Stat. 2363; Pub. L. 113–66, div. A, title VI, § 621(d), Dec. 26, 2013, 127 Stat. 784.) Editorial Notes AMENDMENTS 2013—Subsec. (a). Pub. L. 113–66, § 621(d)(1), sub- stituted ‘‘travel and transportation allowances as spec- ified in regulations prescribed under section 464 of title 37’’ for ‘‘reimbursement for reasonable travel ex- penses’’. Subsec. (b). Pub. L. 113–66, § 621(d)(2), substituted ‘‘AL- LOWABLE TRAVEL AND TRANSPORTATION UNDER EXCEP- TIONAL CIRCUMSTANCES.—The Secretary of Defense may provide travel and transportation allowances as speci- fied in the regulations referred to in subsection (a) for’’ for ‘‘REIMBURSEMENT FOR TRAVEL UNDER EXCEPTIONAL CIRCUMSTANCES.—The Secretary of Defense may pro- vide reimbursement for reasonable travel expenses of’’. 2009—Subsec. (a). Pub. L. 111–84, § 634(b), inserted ‘‘of Defense’’ after ‘‘the Secretary’’. Subsecs. (b) to (d). Pub. L. 111–84, § 634(a), added sub- sec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively. 2008—Subsecs. (b), (c). Pub. L. 110–181, § 1632(a), added subsec. (b) and redesignated former subsec. (b) as (c). Subsec. (c)(3). Pub. L. 110–181, § 1632(b), added par. (3). 2003—Pub. L. 108–136 inserted ‘‘(a) IN GENERAL.—’’ be- fore ‘‘In any case’’ and added subsec. (b). 2001—Pub. L. 107–107 inserted before period at end ‘‘and, when accompaniment by an adult is necessary, for a parent or guardian of the covered beneficiary or another member of the covered beneficiary’s family who is at least 21 years of age’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–181, div. A, title XVI, § 1632(c), Jan. 28, 2008, 122 Stat. 459, provided that: ‘‘Subsection (b) of sec- tion 1074i of title 10, United States Code, as added by subsection (a)(2), shall apply with respect to travel de- scribed in subsection (a) of such section that occurs on or after January 1, 2008, for follow-on specialty care, services, or supplies.’’ GUIDANCE ON AUTHORITY TO PROVIDE TRAVEL AND TRANSPORTATION ALLOWANCES FOR SPECIALTY CARE UNDER EXCEPTIONAL CIRCUMSTANCES Pub. L. 118–159, div. A, title VII, § 706, Dec. 23, 2024, 138 Stat. 1944, provided that: ‘‘Not later than one year after