10 U.S.C. § 1078 — Medical and dental care for dependents:

Page 1096 TITLE 10—ARMED FORCES § 1078 (1) is not located, the Secretary shall ensure that members of the armed forces and covered beneficiaries may access urgent care clinics through the health care provider network under the TRICARE program. (3) A covered beneficiary may access urgent care services without the need for preauthorization for such services. (4) The Secretary shall— (A) publish information about changes in ac- cess to urgent care under the TRICARE pro- gram— (i) on the primary publicly available Inter- net website of the Department; and (ii) on the primary publicly available Internet website of each military medical treatment facility; and (B) ensure that such information is made available on the publicly available Internet website of each current managed care support contractor that has established a health care provider network under the TRICARE pro- gram. (b) NURSE ADVICE LINE.—The Secretary shall ensure that the nurse advice line of the Depart- ment directs covered beneficiaries seeking ac- cess to care to the source of the most appro- priate level of health care required to treat the medical conditions of the beneficiaries, includ- ing urgent care services described in subsection (a). (c) PRIMARY CARE CLINICS.—(1) The Secretary shall ensure that primary care clinics at mili- tary medical treatment facilities are available for members of the armed forces and covered beneficiaries between the hours determined ap- propriate under paragraph (2), including with re- spect to expanded hours described in subpara- graph (B) of such paragraph. (2)(A) The Secretary shall determine the hours that each primary care clinic at a military med- ical treatment facility is available for members of the armed forces and covered beneficiaries based on— (i) the needs of the military medical treat- ment facility to meet the access standards under the TRICARE Prime program; and (ii) the primary care utilization patterns of members and covered beneficiaries at such military medical treatment facility. (B) The primary care clinic hours at a mili- tary medical treatment facility determined under subparagraph (A) shall include expanded hours beyond regular business hours during weekdays and the weekend if the Secretary de- termines under such subparagraph that suffi- cient demand exists at the military medical treatment facility for such expanded primary care clinic hours. (Added Pub. L. 114–328, div. A, title VII, § 704(a), Dec. 23, 2016, 130 Stat. 2200.) Statutory Notes and Related Subsidiaries IMPLEMENTATION Pub. L. 114–328, div. A, title VII, § 704(c), Dec. 23, 2016, 130 Stat. 2201, provided that: ‘‘The Secretary of Defense shall implement— ‘‘(1) subsection (a) of section 1077a of title 10, United States Code, as added by subsection (a) of this section, by not later than one year after the date of the enactment of this Act [Dec. 23, 2016]; and ‘‘(2) subsection (c) of such section by not later than 180 days after the date of the enactment of this Act.’’ § 1078. Medical and dental care for dependents: charges (a) The Secretary of Defense, after consulting the other administering Secretaries, shall pre- scribe fair charges for inpatient medical and dental care given to dependents under section 1076 of this title. The charge or charges pre- scribed shall be applied equally to all classes of dependents. (b) As a restraint on excessive demands for medical and dental care under section 1076 of this title, uniform minimal charges may be im- posed for outpatient care. Charges may not be more than such amounts, if any, as the Sec- retary of Defense may prescribe after consulting the other administering Secretaries, and after a finding that such charges are necessary. (c) Amounts received for subsistence and med- ical and dental care given under section 1076 of this title shall be deposited to the credit of the appropriation supporting the maintenance and operation of the facility furnishing the care. (Added Pub. L. 85–861, § 1(25)(B), Sept. 2, 1958, 72 Stat. 1448; amended Pub. L. 89–614, § 2(5), Sept. 30, 1966, 80 Stat. 863; Pub. L. 96–513, title V, § 511(36), Dec. 12, 1980, 94 Stat. 2923; Pub. L. 98–557, § 19(6), Oct. 30, 1984, 98 Stat. 2869.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1078(a) ..... 1078(b) ..... 1078(c) ..... 37:403(c). 37:403(d). 37:403(e). June 7, 1956, ch. 374, § 103(c)(d), (e), 70 Stat. 251. Appropriate references are made to dental care throughout the section to reflect the fact that in cer- tain limited situations, dependents are entitled to den- tal care under 37:403(h)(4), restated as section 1077(d) of this title. In subsection (b), the word ‘‘special’’ is omitted as surplusage. Editorial Notes PRIOR PROVISIONS A prior section 1078, act Aug. 10, 1956, ch. 1041, 70A Stat. 84, prescribed instructions for marking ballots, prior to repeal by Pub. L. 85–861, § 36B(5), Sept. 2, 1958, 72 Stat. 1570, as superseded by the Federal Voting As- sistance Act of 1955 which is classified to subchapter I–D (§ 1973cc et seq.) of chapter 20 of Title 42, The Public Health and Welfare. AMENDMENTS 1984—Subsecs. (a), (b). Pub. L. 98–557 substituted ref- erence to other administering Secretaries for reference to Secretary of Health and Human Services. 1980—Subsecs. (a), (b). Pub. L. 96–513 substituted ‘‘Secretary of Health and Human Services’’ for ‘‘Sec- retary of Health, Education, and Welfare’’. 1966—Subsec. (a). Pub. L. 89–614 substituted ‘‘The charge or charges prescribed shall be applied equally to all classes of dependents’’ for ‘‘Charges shall be the same for all dependents’’. Page 1097 TITLE 10—ARMED FORCES § 1078a 1 See References in Text note below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1966 AMENDMENT For effective date of amendment by Pub. L. 89–614, see section 3 of Pub. L. 89–614, set out as a note under section 1071 of this title. § 1078a. Continued health benefits coverage (a) PROVISION OF CONTINUED HEALTH COV- ERAGE.—The Secretary of Defense shall imple- ment and carry out a program of continued health benefits coverage in accordance with this section to provide persons described in sub- section (b) with temporary health benefits com- parable to the health benefits provided for former civilian employees of the Federal Gov- ernment and other persons under section 8905a of title 5. (b) ELIGIBLE PERSONS.—The persons referred to in subsection (a) are the following: (1) A member of the uniformed services who— (A) is discharged or released from active duty (or full-time National Guard duty), whether voluntarily or involuntarily, under other than adverse conditions, as character- ized by the Secretary concerned; (B) immediately preceding that discharge or release, is entitled to medical and dental care under section 1074(a) of this title (ex- cept in the case of a member discharged or released from full-time National Guard duty); and (C) after that discharge or release and any period of transitional health care provided under section 1145(a) of this title, would not otherwise be eligible for any benefits under this chapter. (2) A member of the Selected Reserve of the Ready Reserve of a reserve component of the armed forces who— (A) is discharged or released from service in the Selected Reserve, whether voluntarily or involuntarily, under other than adverse conditions, as characterized by the Sec- retary concerned; (B) immediately preceding that discharge or release, is enrolled in TRICARE Reserve Select; and (C) after that discharge or release, would not otherwise be eligible for any benefits under this chapter. (3) A person who— (A) ceases to meet the requirements for being considered an unmarried dependent child of a member or former member of the uniformed services under section 1072(2)(D) of this title or ceases to meet the require- ments for being considered an unmarried de- pendent under section 1072(2)(I) of this title; (B) on the day before ceasing to meet those requirements, was covered under a health benefits plan under this chapter or transitional health care under section 1145(a) of this title as a dependent of the member or former member; and (C) would not otherwise be eligible for any benefits under this chapter. (4) A person who— (A) is an unremarried former spouse of a member or former member of the uniformed services; and (B) on the day before the date of the final decree of divorce, dissolution, or annulment was covered under a health benefits plan under this chapter or transitional health care under section 1145(a) of this title as a dependent of the member or former member; and (C) is not a dependent of the member or former member under subparagraph (F) or (G) of section 1072(2) of this title or ends a one-year period of dependency under sub- paragraph (H) of such section. (5) Any other person specified in regulations prescribed by the Secretary of Defense for pur- poses of this paragraph who loses entitlement to health care services under this chapter or section 1145 of this title, subject to such terms and conditions as the Secretary shall prescribe in the regulations. (c) NOTIFICATION OF ELIGIBILITY.—(1) The Sec- retary of Defense shall prescribe regulations to provide for persons described in subsection (b) to be notified of eligibility to receive health bene- fits under this section. (2) In the case of a member who becomes (or will become) eligible for continued coverage under subsection (b)(1) or subsection (b)(2), the regulations shall provide for the Secretary con- cerned to notify the member of the member’s rights under this section as part of preseparation counseling conducted under sec- tion 1142 of this title or any other provision of other law. (3) In the case of a dependent of a member or former member who becomes eligible for contin- ued coverage under subsection (b)(3), the regula- tions shall provide that— (A) the member or former member may sub- mit to the Secretary concerned a written no- tice of the dependent’s change in status (in- cluding the dependent’s name, address, and such other information as the Secretary of De- fense may require); and (B) the Secretary concerned shall, within 14 days after receiving that notice, inform the dependent of the dependent’s rights under this section. (4) In the case of a former spouse of a member or former member who becomes eligible for con- tinued coverage under subsection (b)(4), the reg- ulations shall provide appropriate notification provisions and a 60-day election period under subsection (d)(3).1 (d) ELECTION OF COVERAGE.—In order to obtain continued coverage under this section, an appro- priate written election (submitted in such man- ner as the Secretary of Defense may prescribe) shall be made as follows: (1) In the case of a member described in sub- section (b)(1), the written election shall be submitted to the Secretary concerned before