Page:United States Statutes at Large Volume 107 Part 2.djvu/742

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107 STAT. 1692 PUBLIC LAW 103-160—NOV. 30, 1993 of a specialized treatment facility designated under the specialized treatment facility program may be required to obtain a nonavailability of health care statement in the case of a specialized service ofiTered by the facility in order for the covered beneficiary to receive the service outside of the program. "(0 PAYMENT OF COSTS RELATED TO CARE IN SPECIALIZED TREATMENT FACILITIES.— (1) Subject to paragraph (2), in connection with the treatment of a covered beneficiary under the specialized treatment facility program, the Secretary may provide the following benefits: "(A) Full or partial reimbursement of a member of the uniformed services for the reasonable expenses incurred by the member in transporting a covered beneficiary to or from a health care facility of the uniformed services or a civilian health care facility at which specialized health care services are provided pursuant to this chapter. "(B) Full or partial reimbursement of a person (including a member of the imiformed services) for the reasonable expenses of transportation, temporary lod^ng, and meals (not to exceed a per diem rate determined in accordance with implementing regulations) incurred by such person in accompanying a covered beneficiary as a nonmedical attendant to a health care facility referred to in subparagraph (A). (C) In-kind transportation, lodging, or meals instead of reimbursements under subparagraph (A) or (B) for transportation, lodging, or meals, respectively. "(2) llie Secretary may make reimbursements for or provide transportation, lodging, and meals under paragraph (1) in the case of a covered beneficiary only if the total cost to the Department of Defense of doing so and of providing the health care in such case is less than the cost to the Department of providing the health care to the covered beneficiary by other means authorized under this chapter. " (g) COVERED BENEFICIARY DEFINED.—In this section, the term 'covered beneficiary' means a person covered under section 1079 or 1086 of this title. "(h) EXPIRATION OF PROGRAM. —The Secretary may not carry out the specialized treatment facility program authorized by this , section after September 30, 1995. ". (2) The teole of sections at the beginning of chapter 55 of such title is amended by striking out the item relating to section 1105 and inserting in lieu thereof the following: "1105. Specialized treatment facility program.". (b) CLARIFICATION OF DETERMINATION TO ISSUE NONAVAILABILITY OF HEALTH CARE STATEMENTS.—(1) Section 1080 of title 10, United States Code, is amended— (A) by inserting "(a) ELECTION.— " before "A dependent"; ^ and (B) by adding at the end the following new subsection: "(b) ISSUANCE OF NONAVAILABILITY OF HEALTH CARE STATE- MENTS. —In determining whether to issue a nonavailability of health care statement for a dependent described in subsection (a), the conmianding officer of a facility of the uniformed services may consider the availability of health care services for the dependent pursuant to any contract or agreement entered into under this chapter for the provision of health care services.".