10 U.S.C. § 8282 — Insane members of the naval service

Page 3213 TITLE 10—ARMED FORCES § 8283 HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 6201(a), (b). 24 U.S.C. 31. Jan. 19, 1929, ch. 85, 45 Stat. 1090. 6201(c) ..... 34 U.S.C. 854f. June 25, 1938, ch. 690, § 207, 52 Stat. 1180. 34 U.S.C. 854 (note). July 9, 1952, ch. 608, § 803 (3d sentence), 66 Stat. 505. In subsection (a) the words ‘‘members of the naval service’’ are substituted for the words ‘‘naval patients on the active or retired list and members of the Naval Reserve or Marine Corps Reserve’’. The definition of ‘‘member of the naval service’’ makes the terms coex- tensive. Reference to St. Elizabeths Hospital is omitted in view of Reorganization Plan No. 3 of 1946, § 201, 60 Stat. 1098, which transferred the functions of that hos- pital pertaining to members of the naval service to the Secretary of the Navy. For the purposes of this section, St. Elizabeths is now in the same category as other United States hospitals. In subsection (b) reference to R.S. 4813 (24 U.S.C. 6) is omitted because the Administrator of Veterans’ Affairs held in Decision Number 571 (July 27, 1944) that R.S. 4813 was repealed by implication. Since this decision is binding on the Secretary of the Navy (see 38 U.S.C. 11a–2), the deductions from pension accounts author- ized by R.S. 4813 may not be made. In subsection (c) the words ‘‘each retired enlisted member of the naval service’’ are substituted for the words ‘‘retired enlisted men’’ and the words ‘‘is entitled to’’ are substituted for the words ‘‘shall receive’’ to conform to terminology used throughout this title. The words ‘‘equal in value to the hospital ration’’ are sub- stituted for the words ‘‘prescribed by law for enlisted men of the Regular Navy’’ to show that the amount of the allowance is the value of the hospital ration. The words ‘‘for each day’’ are inserted to make it clear that the ration allowance is credited on a daily basis. The words ‘‘under this section’’ are substituted for the words ‘‘in a Federal hospital in accordance with law’’ because this section is the only authority for the hos- pitalization of members of the Fleet Reserve and Fleet Marine Corps Reserve and retired enlisted members of the naval service in Federal hospitals, other than naval hospitals, under conditions entitling the members to a ration allowance. The subsistence of a member of the Fleet Reserve or Fleet Marine Corps Reserve or a re- tired enlisted member of the naval service while hos- pitalized in naval hospitals is covered by § 6086 of this title. Editorial Notes PRIOR PROVISIONS A prior section 8281 was renumbered section 9151 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6201 of this title as this section. 1980—Subsec. (b). Pub. L. 96–513 substituted ‘‘section 4812 of the Revised Statutes (24 U.S.C. 16)’’ for ‘‘section 16 of title 24’’. 1958—Subsec. (c). Pub. L. 85–861 repealed subsec. (c) which related to a ration allowance for members of the Fleet Reserve of the Fleet Marine Corps Reserve and retired enlisted members of the naval service. 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 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. § 8282. Insane members of the naval service A member of the naval service who becomes insane may be placed in the hospital for the in- sane that, in the opinion of the Secretary of the Navy, is most convenient and will provide the most beneficial treatment. (Aug. 10, 1956, ch. 1041, 70A Stat. 387, § 6202; re- numbered § 8282, Pub. L. 115–232, div. A, title VIII, § 807(b)(11), Aug. 13, 2018, 132 Stat. 1835.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 6202 ......... 34 U.S.C. 595. R.S. 1551; July 1, 1916, ch. 209, § 1, 39 Stat. 309. The words ‘‘that * * * will provide the most bene- ficial treatment’’ are substituted for the words ‘‘best calculated to promise a restoration of reason’’ for clar- ity. The second sentence of 34 U.S.C. 595 is omitted as superseded. It provided a method by which the Sec- retary of the Navy, in his discretion, could compensate other agencies for expenses involved in hospitalizing insane naval patients. Other provisions of law, prin- cipally 24 U.S.C. 31, 31 U.S.C. 686, and 37 U.S.C. 284, and regulations, principally Executive Order 10122, of April 14, 1950, establish the method currently used. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6202 of this title as this section. 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. § 8283. Emergency medical treatment: reimburse- ment for expense The Secretary of the Navy shall prescribe reg- ulations for reimbursing members of the naval service for expenses of emergency or necessary medical service, including hospitalization and medicines, when the member was in a duty sta- tus at the time he received the service and the service was not available from a Federal source. For the purpose of this section, a member on leave or liberty is in a duty status. (Aug. 10, 1956, ch. 1041, 70A Stat. 387, § 6203; re- numbered § 8283, Pub. L. 115–232, div. A, title VIII, § 807(b)(11), Aug. 13, 2018, 132 Stat. 1835.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 6203 ......... 34 U.S.C. 921a. May 4, 1948, ch. 254, § 2, 62 Stat. 208. 34 U.S.C. 921b. May 4, 1948, ch. 254, § 3, 62 Stat. 208. The word ‘‘shall’’ is substituted for the words ‘‘au- thorized and directed to’’. The word ‘‘members’’ is sub-